Overdue penalty interest = overdue loan amount × [loan daily interest rate ×( 130%~50%)]× overdue days;
Loan interest = overdue penalty interest paid;
Interest-bearing loan finance × loan daily interest rate × loan days (loan days are loan days before the deadline);
It should be noted that if the borrower is overdue, the overdue penalty interest will generally rise by 30%~50% on the basis of the original loan interest rate.
This interest-bearing method still abides by the original loan interest rate during the performance of the loan contract, and the overdue interest in installments is not calculated when the interest rate is adjusted. For the interest rate of overdue loans, the overdue interest shall be collected by installments according to the interest rate adjusted in different periods determined by the People's Bank of China, and the overdue interest shall be collected by default interest according to a certain proportion, or by installments according to the default interest rate determined by the People's Bank of China.
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Calculation formula of overdue interest
Calculation formula: overdue interest = principal x overdue interest rate x actual overdue days.
1. If there is interest on overdue payment as stipulated in the contract, the interest on overdue payment shall be calculated according to the contract. Both parties may stipulate in the contract the calculation method of liquidated damages or interest on overdue payment.
2. The interest on overdue payment is not stipulated in the contract, and if both parties cannot reach an agreement through negotiation, it can be defined by the people.
People can refer to the standard that financial institutions charge interest on overdue loans stipulated by banks to calculate the liquidated damages for overdue payments.
Calculation cycle of overdue payment interest:
First, the starting point of the calculation period of overdue payment interest:
(1) If the performance period is agreed, it shall be counted from the day after the expiration of the performance period.
(2) If the time limit for performance has not been agreed upon, and it has not been fulfilled within the grace period after being urged by the creditor, it shall be counted from the day after the expiration of the grace period.
Two, the end of the calculation period of overdue payment interest.
(1) is the date when both parties finally fulfill their payment obligations.
(2) If the compulsory execution procedure is entered through civil proceedings, it shall be counted as the date of performance determined by the judgment.
(3) If the performance is not performed since the performance date determined by the judgment, the interest on the debt during the period of delayed performance shall be doubled.
Attention should be paid to when applying:
Third, determine several methods:
Where the contract has agreed jurisdiction, such agreement shall prevail.
Where there is no agreed jurisdiction or the agreement is unclear, it shall be under the jurisdiction of the defendant's domicile or the place where the contract is performed.
These include:
(1) If the subject matter of the dispute is the currency of payment, the place of performance of the contract shall be the place where the party receiving the currency is located;
(2) Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed;
(3) For other targets, the place of performance of the contract is the place of performance of the contract.
Fourth, prepare evidence materials.
Civil complaints.
Documentary evidence: such as contracts, waybills, receipts, remittance records and other written evidence related to the case.
Eyewitness testimony.
Audio and video recording, electronic data. Such as telephone recording, chat records, emails, etc.
If the buyer and seller cannot calculate the interest on overdue payment, they should actively seek confirmation from the source.
Article 3 of the Notice of the People's Bank of China on Issues Related to RMB Loan Interest Rate (Yinfa [2003] No.251):
About penalty interest. The default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is changed from the current daily interest rate of 2. 1% to 30%-50% higher than the loan interest rate agreed in the loan contract; If the borrower fails to use the loan as agreed in the contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% of the loan interest rate agreed in the loan contract.
Legal basis: Regulations on Industrial Injury Insurance
Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Calculation method of overdue penalty interest of mortgage
The penalty interest for overdue mortgage is not necessarily, depending on the charging standard of the loan bank. In general, penalty interest is determined by overdue principal, penalty interest rate and overdue days. The default interest of commercial banks is generally 65,438+030%-65,438+050% of the interest agreed in the contract, and the unpaid days and overdue amount depend on the actual situation. The formula is overdue amount x (mortgage interest rate /365x penalty interest rate) x overdue days.
If there are provisions in the loan contract, it shall be calculated as stipulated in the contract. If there is no agreement in the loan contract, the penalty interest of the general mortgage will be doubled according to the benchmark interest rate of bank loans in the same period. Calculation rules of overdue loan interest: loan interest = (loan amount) interest rate (unpaid loan amount) interest rate penalty interest.
Consequences of overdue mortgage:
1. Personal credit information has a bad record.
If the mortgage is overdue, the lending bank will see the overdue information at the first time, whether you are a commercial loan or a provident fund loan. Even if it is overdue by one day, some strict banks will enter the overdue information into the central bank's credit information system, and your credit information system will have overdue records. It will be very troublesome for you to apply for a credit card or loan in the future. Even if it is approved, the loan amount will be much lower.
2. Penalty interest and overdue fine
No matter what causes the mortgage to be overdue, the bank will call you to repay it at the first time, and overdue repayment will also generate penalty interest. In general, the penalty interest of banks is 30%-50% higher than the original loan interest rate.
If the overdue mortgage is paid off within 7 days, the lending bank will not charge a late fee. However, after 7 days, the bank will charge a penalty interest and a late fee.
3. Property preservation measures
There are default clauses set by banks in general mortgage contracts. If there are three or more overdue records in a row, the bank will ask you to pay off all the principal and interest of the loan at one time. Once the mortgage is overdue for more than 3 months, the bank can bring a lawsuit against it, based on the relevant provisions of the Mortgage Contract and the Guarantee Contract. Property preservation measures will be taken directly, all bank accounts of lenders and guarantors will be frozen, and other mortgaged properties will be seized.
Don't think that this is just a temporary attack, and you can only lose money if you decide. Finally, we should not only pay the principal and interest of the loan, default interest and overdue fine, but also bear the litigation costs and the expenses incurred in disposing the mortgaged property.
How to calculate the penalty interest
Through the concept, we can know that the penalty interest in practice is mainly divided into two categories: the penalty interest after loans overdue and the penalty interest after the loan is misappropriated.
According to Article 3 of the Notice of the People's Bank of China on Issues Concerning the Interest Rate of RMB Loans, the default interest rate of overdue loans (loans that the borrower fails to repay on the date agreed in the contract) is changed from the current daily interest rate of 2. 1% to the loan interest rate level agreed in the loan contract, that is, 30%-50%;
If the borrower fails to use the loan as agreed in the contract, the penalty interest rate will be changed from the current daily interest rate of five ten thousandths to 50%- 100% of the loan interest rate agreed in the loan contract.
Therefore, the calculation method of penalty interest is the principal interest rate (1 penalty interest rate).
Example: Following the above-mentioned case of Yan, it is stipulated in the financial loan contract between Yan and Bank A that if the loan expires or expires in advance, if Yan fails to repay the loan as agreed, the bank has the right to charge 50% of the loan principal at the interest rate agreed in the contract according to the actual overdue days, and collect penalty interest from the overdue date.
Then, if the loan expires after 3 years, Yan has only paid back the principal of 800,000 yuan, and the principal of 200,000 yuan has not been paid off. The calculation method of this part of penalty interest is 200,000 yuan, 5%( 140%)( 150%) overdue days /360 (or 365).
Overdue interest
Overdue interest, that is, the overdue interest that the lender should pay if it fails to repay within the time limit agreed in the contract.
In practice, it often happens that financial institutions collect loans in advance, that is, financial institutions, as plaintiff borrowers, take a certain day within the loan relationship as the settlement point of loan principal and interest, get a settlement amount, and then use this settlement amount as the base to calculate the overdue interest from the day after that day to the actual settlement date according to the overdue interest rate.
The review of overdue interest is usually calculated according to the date determined in the plaintiff's claim, and the case is judged separately.
In another case, financial institutions charge principal and interest after the loan term expires, and then charge overdue interest from the maturity date.
The above are the types of interests focused on in the trial. As for the concepts of overdraft interest and overdue interest, they are often the combination and deformation of interest, compound interest, penalty interest and overdue interest. The judge will accurately distinguish according to the contract terms of this interest and revert to one or more of the above concepts.
As for liquidated damages and handling fees, they will be restricted in strict accordance with the maximum annual interest rate of 24% stipulated by judicial interpretation in combination with the interest already generated.
The expenses for realizing creditor's rights (such as attorney's fees) will be comprehensively determined according to the actual situation and the loan target amount under the circumstances clearly stipulated in the contract, and controlled within a reasonable range.
How to calculate the default interest of the loan?
The calculation of penalty interest in loans overdue includes principal and interest.
The penalty interest of the loan is calculated at twice the bank loan interest rate in the same period. Therefore, the calculation rules of overdue loan interest are as follows:
Loan interest = (loan amount) interest rate (unpaid loan amount) interest rate penalty interest.
Penalty interest is a fine paid by the borrower for overdue repayment on the specified date. Lenders can postpone loans. At this time, lenders will generally modify the original term, and during the remaining loan term, lenders will raise interest rates, which is called default interest rates.
Penalty interest refers to the default interest charged in accordance with the relevant provisions of the People's Bank of China if the principal and interest of the loan cannot be repaid on schedule. The so-called interest-free period refers to the period from the bank bookkeeping date to the due repayment date. If the cardholder's monthly billing date is 25th, and the cardholder swipes the card on March 26th, the record will be settled on the bill on April 25th, and May 15 will be the due repayment date. Cardholders can enjoy an interest-free period of up to 50 days if they repay in full. However, the interest-free period is only for cardholders who repay in full on the due date. If they don't pay off their debts in full on the due date, they can't enjoy the interest-free period. The other is to calculate interest according to the unpaid part. Most domestic banks charge interest in full.
According to the method of full interest, if the cardholder fails to pay off the full amount on the due repayment date, even if there is only a difference of 1 cent, the full amount of the current bill will be calculated at five ten thousandths of the daily interest and compound interest will be calculated monthly. And according to the unpaid part, you only need to pay the interest of the unpaid part 1 cent, which saves a lot compared with the full interest.
If the cardholder fails to repay the minimum repayment amount before the due repayment date (inclusive), he shall pay the overdraft interest from the billing date to the repayment date, and at the same time pay a late fee according to a certain proportion of the unpaid minimum repayment amount. The proportion is set by the People's Bank of China, which is 5% of the unpaid minimum amount.
For example, the cardholder's minimum repayment amount in the current period is 1200 yuan, but the cardholder only repays 1 100 yuan in the current period, so it needs to pay (1200-100) × 5% = 5 yuan late fee.
If the cardholder repays 1 000 yuan according to the minimum repayment amount on February 25+03, the circulating interest in the statement on February 25 is: 10,000 yuan ×0.05%×34 days (1 0/0 to February/.
The cardholder repays 9999 yuan, underpays 1 yuan, and the cyclic interest is 170.006 yuan according to the full interest rate.
For example, if the cardholder's monthly billing date is 25th, the due repayment date is next month13rd, and the product with a price of 10000 yuan was purchased on 65438+10th, then in the statement of 65438+125th, If the cardholder repays 10000 yuan in full on February 25th, the circulating interest in the statement on February 25th will be 0.