After the credit card expires, most people don't know how to deal with it scientifically.
It takes five years (60 periods) to repay the debt of a credit card. This result is undoubtedly the best choice for cardholders. On the one hand, there is no need to mark "bad debts" in the credit information, so as to avoid irreparable adverse effects on personal credit information. On the other hand, a small monthly repayment will not make life more difficult.
A friend in Sichuan successfully paid off the principal in the 60th installment.
Another friend from Shenzhen also described his specific situation to Dai, and his experience was very worrying.
Miss Chen from Shenzhen told lawyer Dai about her experience.
Many friends will ask why in the same situation, some people can succeed in stages after negotiating with banks, while others are always difficult to succeed. What's fishy about this?
I believe many friends have suffered from the supercilious look of bank customer service. They called and negotiated with the bank customer service, hoping to allow installment repayment. However, bank customer service is often "powerless" and refuses the cardholder's application with a sentence "unable to handle".
The reason for this situation is closely related to the internal operation of banks, which is very complicated. In order to popularize the law, lawyer Dai tried to simplify complex things into models to explain.
The internal operation of our credit card center can be roughly divided into three parts, namely the business department, the risk control audit department and the post-loan management department.
The business department is responsible for finding customers and undertaking the task of opening cards; The risk control department connects the past with the future, and cooperates with the business department to review customer qualifications and the post-loan management department to manage customer repayment information; The post-loan management department is responsible for managing all cardholders.
The risk control department can predict the cardholder's implementation qualification in advance according to the cardholder's card usage and big data information, and nip the risk in the bud. If the cardholder is overdue, the post-loan management department will start the risk control audit process, analyze the risk level and determine the treatment plan.
Collection rules of a bank's credit card center, click to enlarge to view a larger image.
There are two schemes for the post-loan management department, one is to handle the post-loan problems of cardholders by itself, and the other is to entrust a third party to handle them:
The situation is not serious enough (follow-up by the post-loan management department): after weighing the real-time qualifications and banking policies, the bank's risk control system is within the controllable range if the overdue situation is not serious. Moreover, the risk control system judges that the cardholder still has repayment ability, so it makes a decision not to pay dividends in installments to ensure the rate of return and the business profit of the bank;
If the situation is too serious (third-party agencies are required to follow up): after comprehensive evaluation of the cardholder's qualification, the bank considers it necessary to entrust a third-party collection agency to manage the loan and hand it over to the customer. Third-party organizations often refuse to pay commission income in installments after payment.
Overdue credit cards will be suspected of credit card fraud.
After the credit card is overdue, use strategy to negotiate repayment and strive for maximum benefits.
After the cardholder's credit card is overdue, banks and third-party collection agencies will follow a set of procedural treatment schemes. To measure how cardholders on this assembly line should handle it, the banking industry defaults to "overdue time".
After the credit card is overdue, the number "1" will be displayed on the personal credit report. At the same time, in banking institutions, the cardholder's repayment will be classified as "customer M 1", that is, the overdue customer in the current month. I
If the customer is overdue for 30 days, the bank regards this overdue as an "accident", which does not mean that the customer has the ability to repay the loan for free. It may be caused by forgetfulness or short-term cash flow difficulties. At this time, some banks choose not to remind them, and some banks will gently remind them in good faith.
As for cardholders, they will not be suspected of any civil or criminal liability within 30 days after the deadline, so there is no need to worry too much about causing legal risks. In the meantime, the best solution is to find a way to return it.
30-90 days overdue strategy: insist on not returning and wait for the opportunity.
The overdue time is between 30 days and 90 days, and the post-loan manager in the bank is still responsible for following up the cardholder's repayment.
After more than one repayment period is overdue, the cardholder's situation will trigger the bank's risk control alarm, and the post-loan management department will start the plan, increase the collection efforts and urge the cardholder to repay as soon as possible.
At the same time, the bank will restart the risk control mechanism, analyze the current card use risk of cardholders, and estimate the continuous default probability of cardholders in the next six months to 1 year. Those with higher probability will be given priority and put on the watch list.
At this stage, if repayment is made, the bank will give priority to offset the interest expenses, followed by the principal. As stated in point 5 of Article 9 of the Credit Card (Personal Card) Acquisition Contract of China Guangfa Bank:
The payment date of the customer's repayment is the date when the money reaches the GDB account. When the customer receives the repayment, he should repay the debts of his credit card account in the following order: 1-90 days (inclusive) for normal and overdue accounts, and repay them in the order of annual fee, withdrawal fee, transfer fees, liquidated damages, various fees, installment fee, interest receivable, overdraft withdrawal principal and overdraft consumption principal; If the overdue payment exceeds 9 1 day, it shall be repaid in the order of overdraft withdrawal principal, overdraft consumption principal, interest receivable, annual fee, withdrawal fee, transfer fees, liquidated damages and various expenses. The arrears of the associated bill will be offset before the outstanding bill. The bank reserves the right to decide and change the repayment order.
If the cardholder's repayment ability is limited, Mr. Dai does not recommend repayment during this period. The reason is obvious, because after repayment, after deducting interest, the principal recorded is very small.
At the same time, during this period, cardholders basically have no bargaining power, and banks will certainly not agree to the requirements of interest-free, penalty-free or installment payment.
90- 180-day overdue strategy: you can make conditions, but it is not recommended to return them in a hurry.
Generally speaking, domestic banks will charge customers who are overdue for more than M3 (90 days).
Transfer to a third party. Banks often cooperate with many collection agencies. Within three months to six months after the deadline, the cardholder's information will be circulated among several collection companies many times. The main reason is that banks have performance appraisal on the collection behavior of collection agencies. Generally speaking, if the cardholder fails to repay the money in the month of collection, the collection agency must release the management right of the cardholder to other collection agencies for rotation.
At this stage, the most suitable strategy for cardholders is that they can negotiate with the collection company, but there is no need to rush to repay. At this time, if the payment is overdue for more than 90 days, according to the credit card charter and personal contract, any money returned by the cardholder to the credit card account will be offset against the principal first.
However, because the cardholder's post-loan management authority is still in the hands of third-party institutions, many post-loan management institutions often try their best to deal with overdue customers, even at the expense of illegal and violent collection, in order to improve the success rate of collection and obtain as many collection service fees as possible. If repayment is made at this time, it will be marked as "ST" by the collection agency, which means that "special means can be used to force repayment", which will directly lead to more violent collection means in the future.
So many friends don't know what to do at this time. Lawyer Dai believes that for collection agencies, they are doing business, and the purpose of collection is to make profits. For collectors, their "fierce" attitude is only one of the work contents. So there is no need to be afraid of any collection agencies or collection personnel. Lawyer Dai met a collector who could scold him for hours, but when he came home from work, he immediately became a good child of his parents and a good parent of his children.
Therefore, the collection phone can be answered, but you must keep the bottom line, don't be suppressed by words, and don't cooperate with repayment unconditionally.
Overdue 180 days to 360 days: the best time to negotiate repayment, skillfully use negotiation skills, and reduce the total repayment.
After the credit card is overdue 180 days, the bank will be forced to extend an olive branch to the cardholder to discuss the repayment plan. This is the best repayment opportunity after the deadline.
Lawyer Dai believes that it is natural to pay back debts. Cardholders should not hate the bad attitude of third-party collection agencies and refuse to repay. The mediation mentioned above is just a strategy to win more rights and interests, not to be a "deadbeat" and not to fulfill the repayment obligation.
At this stage, the bank will authorize the collection agency to reduce its rights internally. No interest, no handling fee, no liquidated damages, and even part of the principal can be reduced or exempted.
Seize this once-in-a-lifetime opportunity, determine a repayment plan within your power, keep in touch with the collection agency, try to reduce the repayment cost and get the maximum benefit.
Give priority to repayment of credit cards, because except for credit cards, other arrears are not involved in punishment.
In the process of negotiating repayment, it is necessary to keep in mind the following principles, which is helpful for early settlement:
In line with the principle of paying off, credit cards with small debts are given priority.
Lawyer Dai suggested that small credit card repayment should be given priority. You must pay off one card before returning the others, and remember not to get wet by rain and dew. The reason for this is also very simple. For personal credit reporting, the number of liabilities is not important, but the number of liability accounts is extremely critical.
Give priority to repayment of credit cards, bank loans or loans from non-bank institutions in order.
Pay off the credit card before paying off other types of loans, because overdue credit cards will be suspected of criminal responsibility, and loans will be handled on the grounds of civil disputes regardless of the amount.
At the same time, give priority to repayment of bank loans, and then deal with loans from non-bank institutions. According to the principle of credit reporting, bank loans will be reported to individual credit reporting, which must be reported first. Loans from small loan companies or other non-bank institutions, regardless of whether they are on credit investigation, are ranked behind.
Give priority to the repayment of debts owed by banking institutions, and non-banking institutions can temporarily not repay them.
Regarding whether and when to repay the P2P debt, Mr. Dai will not make more suggestions here.
China people pay attention to paying their debts, and strive to make money to pay their debts, so that their hearts will be secure. Lawyer Dai believes that not everyone wants to be an "old lai", but not yet. There must be all kinds of hidden secrets.
However, it is the obligation of every debtor to uphold justice and not evade debts. Regardless of the debts arising from business failures or other reasons, Dai believes that these can only be counted as emergencies. If people have misfortune, they can handle it with a normal heart and pay it off as soon as possible.
If the bank agrees to your terms, you must abide by them to avoid a second default. After the second breach of contract, it will generally be submitted to a law firm for litigation to safeguard the rights and interests of the bank by legal means. If this step is reached, all previous efforts will be wiped out immediately.
Lawyer Dai is the winner of today's headline legal gold medal in the second season of Judge Pu.
Related Q&A: How to negotiate only the principal for bad debts? Hello, friends, when overdue debts become bad debts, users can try to contact the loan machine to negotiate repayment. At this time, users need to submit certain proof materials to show that they are not maliciously overdue, but also to prove that they are unable to repay for special reasons. At this time, the lending institution will consider whether it will reduce the interest penalty and only let the user return the principal. After all, for lending institutions, the principal that can be recovered is a timely stop loss. As long as the user has a good attitude, there is a certain chance of successful negotiation. For credit card bad debts, it is difficult to negotiate with banks to repay only the principal, and banks generally do not agree easily. After all, the overdue penalty interest of credit cards is calculated and charged at the interest rate of five ten thousandths per day. The interest rate is compliant and the fees are reasonable, so customers can't refuse to pay without reason. Of course, if the negotiation on repayment of the principal fails, the customer can try to apply for suspension of interest payment. If the application is successful, the arrears will no longer bear interest (the previous interest has been recorded and still needs to be repaid); And you can try to apply for an extension of the repayment period and repay the arrears in installments. We also need to note that if the credit card is overdue for a long time and the amount owed is large, some banks may consider reducing the interest and penalty interest as appropriate in order to recover the money as soon as possible. Also, bad credit card debts are not necessarily caused by overdue debts, but may also be caused by excessive repayment. As for the credit card bad debts caused by overpayment, customers only need to withdraw the overpayment quickly, and then the credit card bad debts will be eliminated naturally.