The borrower of a financial loan contract, on the grounds that the expenses such as interest, compound interest, penalty interest and liquidated damages claimed by the lender at the same time are too high and obviously deviate from the actual losses, requests to reduce the total amount exceeding the annual interest rate by 24%, which should be supported to effectively reduce the financing cost of the real economy. According to this regulation, if the total amount of interest, compound interest, penalty interest and liquidated damages claimed by the lender at the same time exceeds the annual interest rate of 24%, the borrower has the right to apply to the people's court for relief. Prior to this, whether the interest rate of financial loans can exceed 24% or 4 times that of bank loans in the same period has been controversial in theory and practice. There are two reasons why there is no upper limit on the interest rate: First, the Regulations on the Administration of RMB Interest Rate (China People's Bank Yinfa [1999] No.77) stipulates that the People's Bank of China is the competent interest rate authority authorized by the State Council and exercises the interest rate management right on behalf of the state, and no unit or individual may interfere; Second, the Notice of the People's Bank of China on Adjusting the Deposit and Loan Interest Rate of Financial Institutions (Yinfa [2004] No.251) stipulates that there is no upper limit on the loan interest rate of financial institutions. Those who advocate that the interest rate of financial loans should not exceed 24% think: "The People's Bank of China has liberalized the interest rate control of financial institutions, which does not mean that the interest rate of loans can be raised indefinitely. National laws and policies are negative or disguised. Since there is no clear limit on the interest rate of financial institutions, we should refer to the upper limit of the protection of private lending interest rates, that is, the annual interest rate is 24%, and the excess will not be supported. "

What is the national interest rate for credit card installment?

The bank's installment business is definitely compliant. After all, someone is watching, and so is the CBRC. Moreover, installment is not a loan, and it is not limited by the upper limit of 36% private lending interest rate.

According to the laws of China, the annual interest rate of loans shall not be higher than 36%. A loan contract with an annual interest rate exceeding 36% is invalid. This divides three areas, one is invalid, the other is judicial protection area, and the other is natural debt area, that is, 24%-36% period.

1, within 24%, the parties are people. As our civil judicial trial, we should give legal protection.

2. The part between 24% and 36% is called natural debt zone. If the parties are willing to perform automatically, there is no objection. If the parties require the people to protect their interests within this scope according to the contract, the people will not be protected by law.

3. It's different if the annual interest rate exceeds 36%. It is based on ineffectiveness. If you pay voluntarily, you can come back after seeing that this contract is invalid.

1. According to Article 26 of the Supreme People's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, if the lender requests the borrower to pay interest at the agreed interest rate, the people shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.

2. Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases _ Lu Jiao, Li Jiao, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei, Li Wei. Excess interest cannot be included in the future loan principal. If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the future loan principal, the people should support it. According to the calculation in the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term calculated at the annual interest rate of 24% based on the initial loan principal. If the lender asks the borrower to pay more, the people will not support it.

3. Article 30 _ 鼋鼒鼒齅 _鼒齅 _鼒齅 _鼒鼒鼒鼒鼒 _.

How much is the interest on a three-year loan of 50 thousand? What does credit card installment loan mean?

How much is the 3-year installment interest on the loan of 50,000 yuan?

When calculating the installment interest, remember the installment interest rate and its repayment method. Here are some simple examples.

1, ICBC wealth management e-loan

ICBC's personal credit loan can be repaid in installments for up to 3 years, and the lowest annualized interest rate of the loan during the same period is LPR0.5%, which is upgraded every month. There are several repayment methods, such as equal principal repayment and equal principal and interest repayment.

Assuming that the annual interest rate of the loan is 4.8% and the monthly installment rate is 0.4%, and the principal and interest are repaid equally, the three-year installment interest of the loan is 3786. 13 yuan.

2. Recruit good loans

The loan products of Zhaolian Consumer Finance can be repaid in installments for up to 36 months. The annualized interest rate of the loan is between 7.3% and 23.725%, and several repayment methods such as daily interest calculation and equal principal and interest repayment are applicable.

Assuming that the annual interest rate of the loan is 7.3% and the monthly interest rate is about 0.6%, and the principal and interest are repaid in equal amount, the installment interest of the loan for 50,000 years is 5,826 yuan.

3. Love and rice

The personal loan service platform under the Lexin Group can be paid in installments for up to 3 years, and can bear interest on a daily basis, with a minimum daily interest rate of 0.03%. The repayment method also supports equal principal and interest repayment.

Assuming that the daily interest rate is 0.03% and the monthly interest rate is 0.9% based on the estimation of 30 days a month, and the principal and interest are repaid in equal amount, the installment interest of the 50,000-year loan is 8,759.35 yuan.

The actual charging standard depends on the bank's specifications;

First, if you apply for installment repayment, you must pay it off in one lump sum. If you can't pay in installments, there will be loans overdue, which will have an impact on personal credit. You can call the bank customer service hotline to find out.

Second: although the installment repayment of bank credit cards does not generate loan interest, the payment fees are different. Each bank's bank statement has different installment times, and the handling fee rate is different according to the different installment times. The installment repayment fee is 0.6%- 1.5% in most banks, and some banks exceed 10%. Taking the six-phase repayment of 65,438+100000 as an example, the five banks of industry, agriculture, China, construction and postal service charge the least.

Third: the handling fee for each period of the bill is generally the total amount of each period multiplied by the handling fee interest rate for each period. The total installment expenses are amortized on a monthly basis, and the last installment is included in the dividend, as well as the installment amount and handling fee of each installment. There are also banks that charge a one-time fee for installment payment. Repayment by installments is generally beneficial to cardholders who have a relatively large amount and cannot repay in one lump sum for a long period of time, which can prevent the occurrence of compound interest.

The other is: when choosing installment repayment, you need to pay attention to asking the bank, such as how much the credit line of the transaction is and how to calculate and collect the handling fee; Master the preconditions of credit card consumption and the amount of available cash in each period; Master whether the selected installment payment method is free of handling fee, and if not, what is the handling fee interest rate and its calculation method; Customers who choose to swipe their credit cards first and then apply for installment payment in the bank should understand the bank's handling procedures to avoid application failure and confusion in payment plans.

How much is the highest annual interest rate of personal loans legal?

According to Article 6 of the Supreme People's Court's Opinions on People's Trial of Lending Cases, the maximum interest rate of private lending shall not exceed four times the interest rate of similar loans of banks. If this limit is exceeded, the excess interest will not be protected. Based on the annual loan interest rate of one to three years, the bank is 5.25, so the maximum personal loan interest can only be: .25% × 4 = 21%. The maximum loan interest for one to three years can only be 2 1%, and some interest exceeding 2 1% is illegal and unprotected.

According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Sales contract settlement:

1. Settle through negotiation

If there is any contradiction between the two parties in the performance of the contract, they should first solve it on the principle of equality, mutual benefit and consensus. The decentralization of the legal department should not be exercised by passive procrastination, nor by detaining goods or refusing to pay for goods, because these practices will not help solve the problem. According to the law, it should be settled through consultation first. Negotiations are based on mutual understanding, mutual accommodation and equal consultation, which will neither affect unity nor future cooperation, but also save time, manpower and expenses. Therefore, this method should be used more.

For those who need the debtor to repay the debt but are unable to repay it at the moment, the following two ways can be adopted for negotiation:

(1) Repayment by installments. If the debtor is temporarily unable to repay due to the backlog of products or the inability to recover foreign debts, it can repay after the backlog of products is sold out or the debts owed by other units are recovered. If an enterprise temporarily loses money due to poor management but is not declared bankrupt, it can reverse the loss as soon as possible through efforts to improve its management, and a feasible installment repayment plan can be made on a voluntary basis. Doing so can not only realize the legitimate interests of creditors, but also enable debtors to actively improve enterprise management and change the passive situation of being unable to repay debts.

(2) Paying debts in kind. If the debtor has no funds to repay the debt due to the serious backlog of products, it can also be solved by the way of product debt repayment through negotiation between both parties. Paying off debts with products can not only help debtors to promote the backlog of products, but also play a role in paying off debts, and turning "dead things" into "living things" is beneficial to the country and the parties concerned. In addition, paying debts in kind can also take the form of creditors selling products as agents, and paying debts with the money actually sold.

2. Arbitration settlement

Arbitration refers to a dispute between two parties to a contract. If negotiation fails, an institution will act as an intermediary or a third party to judge the disputed facts and make a ruling on the rights and obligations according to the relevant provisions or the agreement between the parties. It is a common way to settle contracts through arbitration.

When the parties settle the contract through arbitration, they should pay attention to the following issues:

(1) During arbitration. The parties must seize the opportunity to exercise their rights in a timely manner within the validity period of applying for arbitration stipulated by law, so as to avoid losing the right to apply for arbitration because of missing the opportunity.

(2) Arbitration institutions and jurisdiction. According to the Regulations on Contract Arbitration, the contract arbitration organ is a contract arbitration committee established by the State Administration for Industry and Commerce and local administrations for industry and commerce at all levels. The principle of case jurisdiction is generally under the jurisdiction of the arbitration organ at the place where the contract is performed or signed. Therefore, the parties should apply for arbitration to the arbitration organ with jurisdiction.

(3) Arbitration effect. After the two parties reach an agreement through mediation by an arbitration institution, the agreement has legal effect and both parties must abide by it carefully. If mediation fails, the final arbitration award made by the arbitration organ has legal effect, and the parties must abide by it, otherwise it will be enforced.

What is the maximum loan interest stipulated by the state for banks?

The state stipulates that the maximum interest rate of private lending is four times the benchmark interest rate of banks, depending on the specific loan period. For example, if your loan is a one-year loan and the benchmark interest rate of the People's Bank of China is 6%, then the interest rate of private lending cannot exceed 24%, otherwise it will be illegal.

7% interest of 500,000 = 5,000,007% = 35,000 yuan, which is one year's interest.

The highest interest rate of personal loans mainly depends on two aspects. The first is what kind of loan the bank you choose has, and the second is the value of your collateral (pledge).

At this stage, all banks are controlling loans because the country has raised the reserve ratio. If you want to make personal consumption loans, it is estimated that few banks can do it, and even if you do, the interest rate is relatively high.

As for the value of collateral, if you are a real estate mortgage, the general procedure is to find an appraisal company to issue an appraisal report first, and then multiply your appraisal price by a certain proportion to calculate your loan amount.