If the online loan platform is retired, can you not pay back the loan arrears?

Since 216, the online loan platform has been declining year by year. By 219, there will be only 343 platforms in the camp. In other words, in the past three or four years, 9% of online lending platforms have ceased to exist.

Moreover, from the legal and policy-oriented point of view, after 22, the intensity of online loan rectification will not be relaxed. The main goal is to retreat. At the same time, it will guide the remaining online lending platforms to transform into small loan companies.

Therefore, there are many voices saying that the online loan should be fully repaid, and there is no need to pay back the money owed.

this is a wrong cognition.

why do you say that? Let's go back to online lending itself.

online lending, whose full name is peer-to-peer lending, is an integral part of internet finance.

Online lending is essentially a loan, which has legal basis, such as Contract Law and Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Private Lending Cases. In today's society, it is unwise to put aside the law and just look at one thing emotionally, and there may be some costs, and these costs may be heavy.

peer-to-peer lending can be divided into two types, one is individual peer-to-peer lending, and the other is online microfinance.

Individual peer-to-peer lending, also known as P2P, belongs to the category of private lending. Under this lending model, the online lending platform only acts as an information intermediary. Just like real estate agents, money is not an online lending platform, but personal, and borrowers only get loans through the platform. The online lending platform charges intermediary fees. One is to charge the borrower a service fee. One is to collect management fees or loan income from lenders. In this mode, the two sides of the loan contract are generally the borrower and the lender, but some platforms will provide a guarantee for the borrower. If the borrower fails to pay the money, the platform will pay the money back first, then obtain a right of recourse, and then recover from the borrower.

some platforms do not guarantee borrowers, but obtain creditor's rights from lenders by way of creditor's rights transfer, and then ask borrowers for loans. There are also platforms that do not obtain creditor's rights, but only assist lenders to collect from borrowers.

under this lending model, most of the loan contracts signed are valid, except that the interest stipulated in some contracts is too high, which exceeds the judicial protection zone. This part of the excessive interest can be repaid without repayment, but the interest and principal within the judicial protection must be repaid.

after the online loan platform guarantees to compensate or transfer the creditor's rights, it is also in line with the provisions of the Guarantee Law and the Contract Law, and the borrower also needs to repay the debts within the legal and reasonable scope.

under this lending model, most of the loan contracts signed are valid, except that the interest stipulated in some contracts is too high, which exceeds the judicial protection zone. This part of the excessive interest can be repaid without repayment, but the interest and principal within the judicial protection must be repaid.

after the online loan platform guarantees to compensate or transfer the creditor's rights, it is also in line with the provisions of the Guarantee Law and the Contract Law, and the borrower also needs to repay the debts within the legal and reasonable scope.

online microfinance is not so simple. In this loan model, the online lending platform is no longer just an intermediary. In most cases, Internet companies develop an online lending platform, and then look for a small loan company, and put this small loan company under their control through some means. Then lend money through the online lending platform.

actually, online lending platforms and small loan companies are a family. However, few people often penetrate their shareholding structure to explore the relationship between them.

small loan companies lend money with interest income. The online loan platform controls small loan companies, and the online loan platform is naturally indispensable in this income. Then the online lending platform will also charge the borrower a platform fee. This part of the cost is what we call disguised interest.

some small loan companies do not have the qualification to lend money, or borrow money from banks at high interest. in this case, the loan contract will be deemed invalid. The Contract Law stipulates that after a contract is invalid or cancelled, the property obtained from the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.

In other words, the borrower can no longer perform the obligation of repaying interest according to the contract, and need not bear the liability for breach of contract, but the principal should be returned.

Therefore, the debts within the legal and reasonable scope cannot escape.

So if the online lending platform goes bankrupt, do you want to pay off your debts?

if the lender directly asks you for money, it has nothing to do with whether the online lending platform will close down, and it is still necessary to pay it back.

if the online lending platform obtains the creditor's rights through guarantee compensation or assignment, then the online lending platform is your creditor, but it is not your only creditor. Because there are related parties to the online lending platform. The platform is closed, and the related parties are still there. You still have to pay it back. Even if both the platform and related parties fail, bankruptcy liquidation will be conducted before the failure, and the bankruptcy administrator will continue to collect money from you.

if the online lending platform is cancelled due to violation of the law, a cancellation manager will be set up at the time of cancellation, and the cancellation manager will continue to collect money from you.