Secret beheading of net loan interest: loan 5000 yuan fee would have 1200 | net loan

    Source: Beijing Daily in the small loan industry, "beheading interest" is the unspoken rules of a repeated。
While regulators repeatedly banned, but after packaging "beheading interest" still exists in the market。
Beijing Daily reporter recently found that many of the "cash loan" as well as net loan platform marked only daily interest rate, while the overdue fines, fees and other information hidden in the folds of the service agreement, opaque and easy to make high-cost borrowing conditions borrowers into a debt trap。 The borrower Li Sheng (a pseudonym) through a network of mortgage loan application platform $ 30,000 loan for a period of three years, to pay off 36 points, each issue should also yuan, 5959 yuan is the platform from which the deduction of service charges。 Calculate compound interest formula, comprehensive platform annualized interest rate is more than 36%。
Experts said that borrowers encountered a similar situation, you can file an administrative complaint with the financial regulators, also confirmed the terms of the loan contract requests go beyond the law invalid through judicial or arbitral way。
  Repeated "beheading interest" direct charge "beheading interest" Compared to before, after regulators banned, Beijing Daily reporter found that many of the platform began to "beheading interest" packaged as consulting fees, charges quickly, accelerate its examination of costs and other items, hit by the first bank card loans, after deducting fees disguised charge exorbitant interest, breaking the upper limit of the statutory interest on private loans。   A borrower Liu Huan (a pseudonym) told Beijing Daily reporter, his own last year in a cash loan 5000 yuan lending platform, and so on arrival but found deducted fee of 1,200 yuan, 3,800 yuan actual arrival, the platform said, this is 1200 yuan service fee charged by the platform and rapid assessment fee。
  In addition to cash loans, net loan industry, there are also cases "beheading interest" in。
Mouwang mortgage platform borrowers Li Sheng (a pseudonym) to reflect the Beijing Daily reporter, before net loan fast and easy to hear, for our children to go to school, he borrowings 30,000 yuan by platform application, loan period of three years, the monthly repayment of 1 times, points 36 to pay off, the amount of the contract he signed in loan principal and interest for the yuan, which is 13,041 yuan of interest, and the extra 5959 yuan is the platform from which the deduction of service charges。   Beijing Chinese Commercial News reporters Deng Lu and Gai Pingtai application, in the "Audit and Credit" description, indicate the difference between the contract amount and the amount of application: Final credited amount = contract amount – prior service fee, provided on the platform site calculator , the platform also explained to charge service fees in advance。 However, with interest rates after the service fees are alarmingly high。
  Lee Seung contract shows that at the time of repayment installments should also yuan, accordingly, a financial industry professionals to calculate, after the discount with the annuity factor of 36 (P / A, I, 36) monthly interest rate is about 3%, as compound interest formula [(1 + 3%) ^ 12-1] calculation, the annual interest rate of%, exceeding the "provisions on several issues of the Supreme People's Court on the trial of civil cases lending applicable law" interpretation of the provisions of the 36% APR。
  In response, Beijing law firm Wang Deyi find true representation, the above approach is essentially a loan to take advantage of the status of the party, forcing the borrower to accept unfair loan conditions, it increased the burden on the borrower, the borrower may also make comprehensive practical implementation costs exceed the statutory interest rate cap, evolved into other forms of usury。
Now some P2P platform also refer to a similar manner "beheading interest", these practices violate the express provision of contract law, violation of the existing regulatory policy。   Suning Finance Research Institute Senior Fellow Dan Dalong view, "beheading interest" of unreasonable mainly to ensure that borrowers loans bear interest rate agreed upon, there may even break through the restrictions of usury on interest rates。   Lock in profits ahead of the current platform for the "beheading interest" is not clearly defined, but the industry is generally believed that "beheading interest" refers to when usurer or underground banks to lend to borrowers, the principal amount deducted start with part of the funds, these funds called "beheaded interest"。
  Figuratively, lenders lent borrowers 10 million, but in the direct deduction of payments to the borrower interest or service charges 20,000 yuan, 80,000 yuan borrower's actual arrival, and IOU between the Borrower and the Lender or the contract is $ 100,000, that is, the amount of the contract described in note or greater than the actual loan amount。
  Beijing, a net loan platform loan officer Wang Yuan (a pseudonym) admitted to Beijing Daily reporter, in the small loan industry, "beheading interest" is an industry rule, platform lock in profits ahead of the general principal amount will be charged 1% -10 % range of "beheading interest"。
When and customer communication, more vaguely to represent clients in advance to receive a portion of the interest is usually difficult to reflect customer interest in this issue in advance, when borrowing money and wait until the actual arrival is not the same, generally have reflected, but most loan customers are anxious the money, the money credited into account, it may be for this part of the "beheading interest" will silently accept。
  Deputy director of the CASS Institute of Finance, Law and Finance Research Yinzhen Tao said, "beheading interest" exists mostly in private financial, basically does not exist in the commercial banks in lending products。
Private Finance or the Internet banking platform "beheading interest" There are several purposes, one is to circumvent the Supreme Court four times, or 36% of the red line set。 Second, in the current credit credit system is not perfect backdrop, platform deduction "beheading interest" can be the first to profit, in addition, many start-ups, in particular, need some working capital and cost rapid return of funds in its infancy, so the first buckle out "beheading interest" in order to carry out other business。
  Czech Republic, the co-founder Wang Xiaoting said that in addition to improving earnings and reducing potential losses platform, the platform fee "beheading interest" can be inflated turnover。   For reasons of repeated, Yinzhen Tao said from the platform considerations, net loan industry generally larger loan risk, platform as an intermediary fee "beheading interest" in advance can reduce the risk。
From the borrower's point of view, the use of private lending or net loan borrowers often borrow money from the bank, there is no negotiating capacity, so these borrowers are basically recognized "beheading interest" model。
Because the borrower does not accept the "beheading interest", it can not borrow money from other channels, this is a big problem in the industry。   " 'Beheaded interest' repeated profit was mainly affected by factors on the part of the platform, the 'beheaded interest' platform is an important source of profit, there is no 'beheaded interest' platform will greatly diminished profits, in addition, 'beheaded interest "also filled the part of bad debt losses。
Credit system is imperfect is the main reason for the current high-risk loan industry, the establishment of factors 'beheading interest' Although there are lower losses, but the main purpose is to earn high interest。 "Wang Xiaoting said.。
  Wang Deyi also said that the field of private lending parts of the country have "beheading interest" of practices, lending to the Internet era still exists, mainly because the borrower disadvantaged economically, and there is no single borrower and lender negotiate platform conditions, at a disadvantage in the transaction。
  Wang Xiaoting said disguise charge exorbitant interest was mainly affected by regulatory policies。 Due to the comprehensive regulatory policy requires the highest real interest rates in line with the provisions of law on private lending interest rates, so the next surface platform did not dare to charge a borrower fees, only black-box operation, select only be seen through a bank account tricky child water way, so both to benefit, but also to avoid the investigation regulatory authorities, after deducting these expenses, interest the borrower will still be legal to break on private lending interest lines, such behavior disturbed the market order and loans, is not conducive to the healthy development of the industry。
  "By setting the 'beheading interest', may not change significantly reduce the nominal borrowing rates under the premise of overall borrowing costs of the borrower, the borrower psychological experience to optimize and improve the turnover rate loan。
So, 'beheaded interest' is more of a pricing strategy and tricks, and receive regulatory rationale for prohibiting the 'beheading interest ", the main reason is also here,' beheaded interest 'presence in the borrowing rate on the basis of the nominal disguise the actual borrowing rate increase。 "Xue Hong Yan Su Ning, director of Institute of Finance, said the Internet financial center。   Regulatory overweight imperative can also be seen from the relevant regulatory provisions, regulation for the "beheading interest" has been held by a resolute attitude。
As early as expressly provided in Article 200 "Contract Law" by mid-1999, the interest on a loan may not be deducted from the principal in。
Interest deducted from the principal, the loan shall be repaid in accordance with the actual loan amount and calculation of interest。
  According to December 2011 Supreme People's Court "on the trial proper in accordance with law to maintain social stability and promote economic development of private lending disputes cases" provides that lenders will be deducted from the interest on the principal amount of, shall return the loan amount and interest at the actual borrowing。 This judicial interpretation clearly how to solve the problem of interest on the principal amount deducted。
  The recent jurisprudence from the public point of view, the courts of private lending in the presence of "beheading interest" generally not supported, May 11, 2017, the Beijing Chaoyang District People's Court held a news conference, issued a judicial recommendation to the CBRC: Some loan lender in case the Internet deducted from the principal in service charges, legal breakthrough in disguise private lending interest rate caps, China Banking Regulatory Commission to deal with such chaos further regulate。   According to the survey, Chaoyang District People's Court, now lending some network information agency disguised as a letter by the borrower to provide credit guarantee services, there is its legal representative, responsible persons related party assets with suspicion by the lender on behalf of related parties as, intermediaries as the actual lenders, both also charge interest on loans charge higher service fees and loan service fees deducted from the principal in advance, disguised breakthrough limit legal interest private loans, this approach also makes the borrower actually received the amount of the loan principal cut back。
  In response to this distortion of "beheading interest" in the December 1, 2017 issued a "notice of business," "rectification on regulating the" cash loans clearly states that the various agencies to interest rates and fees charged to borrowers in the form of the overall cost of capital shall comply with the provisions on private lending interest rates, payment, or match ban violates laws relating to the interest rate specified in the Loan。
Overall cost of funds of various types of institutions charged to the borrower should be translated into an annualized unified form of loans overdue process conditions and other information in advance should be full and open disclosure, suggesting that the associated risks to the borrower。
  In addition, December 8, 2017, issued by the Office of the P2P network lending risk rectification work leading group, "small loan company network microfinance business risks rectification plan" also mentioned, and a variety of interest rates will be required the cost of all forms of borrowing costs charged by the borrower to calculate the ratio of loan principal is a comprehensive real interest rates, and are translated into an annualized form。
Investigation and comprehensive real interest rates meets Provisions on private lending interest rates。
Whether there is deducted from the principal of the loan interest, fees, management fees, bonds or high setting overdue interest, late fees, penalty interest and other acts。
Whether critical information integrated real interest rate, loan amount, loan term, repayment and overdue comprehensive treatment in advance to the borrower, full and prompt disclosure of risks associated with。   Local regulatory aspects, in January 2018, Shanghai regulators issued under Article 102 "Shanghai Network Information lending agency compliance auditing and rectification acceptance guidelines form" (hereinafter referred to as "Guidelines Form") in the district under P2P platform , about not prompted eye-catching way to the borrower interest and related costs charged rule prohibiting sex, the consequences of default, etc., or despite prompt but did not confirm the borrower are illegal。 In addition, the table also pointed out that the guidelines be deducted from loan principal in all types of costs are illegal。
  In Yinzhen Tao seems, regulators still need to strengthen the regulation and governance, we must first define what is "beheading interest" or a combination of rates, strict enforcement platform for non-compliance also needs。 In addition, to further improve the current Credit System。   Dean net loan House Institute in BYSON said, "beheading interest" issue, the core issue is the ultra-high interest rates。 Restrictions exist "beheading interest", the need to develop a comprehensive interest rate charges and related standards, improve information transparency, the borrower reports, increase penalties for violations, etc., multi-pronged approach。   The ability to identify the borrower needs to be improved at the same time strengthen supervision, the borrower also needs to enhance learning financial literacy, safeguard their legitimate rights and interests。   Ying Chan Consulting Senior Fellow Zhang Xia Ye pointed out that the borrower should be read carefully before borrowing the loan related provisions, in particular the rate, term, repayment agreement, the provisions of overdue collection and other aspects, clearly borrowing costs and assess their repayment pressure to ensure loan my ability to repay the amount within the range, in order to avoid default or overdue。
In addition, borrowers need to pay attention to retain the information, records of all financial transactions in the borrowing process communication, etc., when necessary, to report as evidence of the proceedings, to facilitate the borrowers to protect their rights。   "The borrower may be reported to the regulatory authorities, but to the courts, requesting confirmation loan contract by judicial or arbitration pathway beyond the legal requirements of the clause is invalid。
"Wang Xiaoting said.。   Wang Deyi also believes that the borrower can through legal channels, requested to confirm their loan principal amount, exceeding the legal limit interest rates to confirm partially invalid。 But practice, judicial rights cost is too high, too long, the vast majority of borrowers do not have the litigation capacity, play a lawsuit may outweigh the benefits, may also pay a cow can not eat a chicken, while the platform by the user protocol setting arbitration clause, exclude the jurisdiction of the courts, improving the borrower's cost of rights。 Exist beyond the legal limit of lending rates will never go away, because borrowing needs are objective existence, but not the two sides are evenly matched borrowing。
  "For the borrower, the borrower can only try to choose some relatively fair platform, carefully read the related loan agreement, to pre-empt the most important; once fell into the platform to set a good trading conditions to rights through other measures afterwards It would be more difficult。 "Wang Deyi added。
  In BYSON said, first of all borrowers to learn some financial knowledge, carefully read the terms of platforms, including charging methods, whether revenue "beheading interest", if the composite interest rate exceeds the legal requirements, etc., if found in breach of usury and even violence collection, it can even sue report to the relevant regulatory authorities, to safeguard their legitimate interests。
  Beijing Chinese Commercial News reporters Yue Pin and Yu Shixi reporters Song Yitong。