Is campus loan illegal?
Loan companies on the Internet without the approval of the CBRC are operating illegally. 1. What is more terrible than the high interest rate of the loan itself is the dunning method of some "campus loan" P2P platforms. According to the normal legal procedure, the lender can only sue the college students who can't repay the loan on time, and then apply to the court for enforcement after winning the case, so as to recover all or part of the arrears, which will not threaten the personal freedom and safety of the college students, and will not cause problems such as letting the parents of the college students repay the loan on their behalf and preventing the college students from graduating. But in fact, some companies often use harassment, coercion, stalking, stalking, illegal detention and other dunning methods, and even some more extreme means to force borrowers to run around and raise new debts to pay off old debts, which greatly threatens the personal freedom and safety of borrowers. The above-mentioned violent debt-forcing methods are even suspected of being involved in black crimes. Second, the problem of suspected illegal business Although the interest rate of P2P platform loans such as "campus loan" does not exceed 4 times of the bank's loan interest rate in the same period, the general annual interest rate is still controlled within 20%, so it may not be recognized as usury in law. However, according to relevant reports, in addition to the agreed interest, these platforms will also charge huge fees far higher than the loan principal and interest in the name of penalty interest, service fee, liquidated damages, late payment fees, dunning, etc., which is essentially usury. The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases clearly points out that the total amount of loans paid after interest bearing shall not exceed the total amount of the initial loan principal and its annual interest rate of 24%, that is, usury shall not be implemented in disguised form by means of interest bearing. Third, the question of alleged deception. When these "campus loan" P2P platforms sell business to college students, they often don't tell the real risk of borrowing, nor do they tell the calculation method and possible amount of loan interest, liquidated damages, late fees and other fees in detail. Instead, they often induce deception with low threshold and low cost such as "zero down payment" and "zero interest", which leads to some college students who are not deeply involved in the world, have weak self-control ability and have a strong desire for consumption. This lending platform or lending product itself is an illegal platform, and the loan interest is too high, which causes a great burden to borrowers. According to Chinese laws, the interest of such platforms belongs to the category of usury. Therefore, we can actively deal with such incidents to the relevant departments to protect our legitimate rights and interests.