Establish a correct consumption view to avoid falling into the quagmire of
online lending The online lending platform is chaotic and lacks regulatory expert advice
□ Our reporter Han Dandong
□ Wang Qi, an intern of our newspaper
At the National People’s Congress this year, Chen Haiyi, deputy to the National People’s Congress and head of the Juvenile Family Tribunal of the Guangzhou Intermediate People’s Court, pointed out in an interview with the media that some new features have emerged in online consumer lending cases: Internet financial lending cases for school students, most of them It was caused by fans’ support and other star-chasing behaviors; most cases involving live-streaming rewards were minors, with the amount ranging from tens of thousands of yuan to millions of yuan.
Data shows that over 60% of the defendants in Internet dispute trials and enforcement cases are young people under the age of 35, 94.73% of the parties in live-streaming reward cases are under 18 years old, 58.55% of Internet finance cases are between 25 and 35 years old, and 4.32% are 18 years old. To 25 years old.
For a period of time, the intrusion of online loan chaos into campuses has repeatedly caused heated discussions.
A reporter from the Rule of Law Daily found that in addition to problems with young people's consumption concepts and consumption patterns, online lending platforms that are chaotic and lack supervision are also worthy of attention.
Online loan platforms are pervasive
Very low threshold for applying for a loan
According to a reporter from the Rule of Law Daily, whether it is visiting online stores, ordering takeaways, taking taxis, booking hotel tickets, or simply browsing Weibo, watching videos, listening to music, watching news, office work, and sports, all apps with higher downloads, Basically, they provide an interface for online lending.
A taxi app can borrow up to 200,000 yuan.
And a takeaway app can not only borrow up to 200,000 yuan, but also can handle a joint credit card with a maximum limit of 50,000 yuan.
Even the weather forecast app on the mobile phone has launched an irrelevant quick loan function.
According to industry insiders, as far as Internet platforms are concerned, diversion of customers and scenarios for funders is an important way for them to realize their own traffic monetization, which can enhance the stickiness of cooperation with financial institutions and similar financial institutions.
At the same time, some Internet platforms also have small loan companies, which can enlarge their operating leverage in disguise.
In order to attract traffic, the major platforms are still working hard on advertising, so that on major Internet platforms, online loan advertisements with vulgar plots and distorted values are overwhelming.
If the interviewer fails the interview, it’s just because he doesn’t know a certain online loan product; the company’s leaders have lofty ideals, and the launch of online loan products is not for profit, but for the convenience of ordinary people to borrow money; users feel that the convenience of the online loan platform leads to too little pressure in life , Influence one's own struggle; etc.
These advertisements mostly end with promoting the convenience of online loans.
Promotional points generally include low thresholds, as long as the mobile phone number or ID card can apply, no mortgage and no guarantee; simple operation, fast loan, only a few minutes; interest-free or low interest, which is cheaper than a bottle of water.
"Compared with traditional financial products, the biggest feature of online loan products is that the threshold is extremely low, the review is simple, and it is only necessary to pass the real-name verification after 18 years of age, and the amount is much more expensive." A bank account manager introduced, Many Internet platforms can use big data technology to monitor and analyze the search, consumption, and browsing records left by users on the Internet, and conduct targeted commercial marketing to users.
Wang Yanhui, a lawyer at the Shanghai Hengyanda Law Firm, told the reporter of the Rule of Law Daily that, looking at the development of campus loans, it is actually a process in which online lending institutions and banks retreat.
Traditional commercial banks have relatively high loan thresholds, and users in need will choose online loans when they cannot make loans through commercial banks.
The spending power of college students should not be underestimated, and spending time at school through e-commerce platforms has long become the main mode of consumption.
The loan business is on the express train of the Internet, and it is more convenient than traditional business in terms of handling procedures and qualification examinations, thus even more stimulating the desire of college students to "immediate satisfaction".
Wang Yanhui said that the review of online lending platforms is too lax. On the one hand, there are certainly reasons for capital chasing profits, but more should be seen in the structural problem-consumption.
Concerns about the “consumer society” of relevant experts are evolving into reality one by one. Under such a social environment, college students’ lack of ability to assess their own risks has caused some people to enter into “consumption-loan-financing loans”. The vicious circle.
Online loan routines emerge in endlessly
Vicious collection is shocking
"After'going ashore', I feel that the whole person is relaxed." A Douban netizen commented.
On the Douban platform, there is a discussion group called the "Debt Alliance", on which netizens share their experience of getting into online loans. The act of paying off all debts is called "landing."
In the experience of how to "go ashore", the most important one is to "face yourself and your family honestly."
"In my junior year, I bought a pair of sneakers that I wanted to use online loans for a long time." Xu Bing (a pseudonym), a student at a university, can never forget how he felt when he bought sneakers through an online loan for the first time. Either he got good grades and waited for the rewards of his parents, or he saved money for several months to buy a pair, and now he finally doesn't have to wait so long for a pair of sneakers.
"It's too easy to apply for an online loan. Just upload your ID card and address book. Even if you owe money, it won't affect other platforms to continue lending." Xu Bing said that after using the online loan to buy shoes for the first time, he was deeply involved. After selling one after another, his loan amount is getting higher and higher, and the repayment is starting to fail.
It wasn't until his parents found out that he paid all the debts for him and stopped the loss in time.
According to the analysis of industry insiders, the routines of online loan platforms can be summarized as "three tricks":
One is "beheading the head."
That is, part of the loan amount is deducted on the grounds of "business regulations", "platform management fees" or "early deduction of interest" before lending.
For example, in the "714 Anti-aircraft Artillery", the proportion of beheading interest is as high as 30%, that is, only 7,000 yuan in borrowing 10,000 yuan.
However, when calculating interest, it is still calculated according to the contract loan amount.
The second is "impeding repayment."
That is, the online loan platform deliberately suspends the operation of the online loan platform when the repayment date is approaching, preventing the borrower from repaying the loan in time, thereby maliciously generating liquidated damages and increasing the difficulty of repayment.
The third is "long lending."
That is, when the borrower is unable to repay the loan, the online loan platform will recommend other online loan products to the borrower, so that they can "break the east wall and make up the west wall".
These new online loan products usually have higher interest rates and more stringent liquidated damages, and are largely under the same online loan platform.
Therefore, under various fancy routine traps, in the subcontracting of online loans, borrowers’ debts are piled up and higher, and finally they can’t get out of the vicious collection and are forced into a “dead road”.
Among the crimes against "routine loans" announced by the Ministry of Public Security, one case was shocking.
A gang bought more than 10,000 pieces of student information and used "no interest, no guarantee, no mortgage" and other propaganda methods to trick college students into using online loans. After signing the loan amount, they were malicious in the name of deducting management fees, document review fees, etc. Collect "beheading interest."
After the 7-day loan period expires, those who are unable to repay can apply for renewal according to the charging standard of 100 yuan a day and 400 yuan for 7 days, or recommend the victim to borrow from other platforms of the company to repay the last loan in the same way, so as to trick the victim Repeated borrowings on the company's internal platform, high debts, and resorted to telephone harassment, sending insulting text messages, language threats, sending or uploading PS nude pictures, mourning pictures and other "soft violence" methods to harass the victim and his parents, classmates, teachers, etc. Relatives and friends, etc., forced the victim to repay the full loan amount and 20% of the daily overdue fee.
The case involved 13,000 victims from more than 2,500 colleges and universities, and the amount involved amounted to more than 50.748 million yuan.
Rational consumption and rights protection in accordance with the law
Avoid falling into the trap of online lending
After the family helped repay the loan, Xu Bing immediately uninstalled all loan software.
"In the beginning I didn't expect that the interest would roll up so much." During the interview, Xu Bing said regretfully, "There was a period of time when everyone was frying shoes. I also wanted to hurry up and get on the bus, so I borrowed 10,000 yuan from the Internet. Money, the platform shows that the minimum annual interest rate is 7.2%, and the interest rate for a day of borrowing 10,000 yuan is only two yuan. I did not expect that after I stocked a few pairs of sneakers, the popularity of the entire market suddenly dropped, and it turned out that those pairs of shoes made money at all. No money. On the repayment date, because the principal was locked up, I had to go to another platform to borrow money. In the end, I had to repay more than 20,000 yuan even with the principal and interest."
"The traps that online loans dig for students are mainly concentrated on loan interest rates." Wang Yanhui said. First, there is a false interest rate, that is, the nominal interest rate is very low, but fees are charged separately through fees, service fees, agency fees, data fees, etc. .
The second is to use daily interest rates for publicity, such as "1,000 yuan per day only needs 0.5 yuan". At first glance, the interest rate is very low, but in fact the annual interest rate is 18%, which has exceeded 4 times the LPR, and the loan interest rate is actually extremely high.
Liu Deliang, a professor at Beijing Normal University Law School and director of the Asia-Pacific Cyber Law Research Center, said: “Some lending institutions issue loans to college students, but the basic content of their loan contracts has not been communicated to students in a clear manner, especially with regard to interest. It also induces students to sign the contract, which violates the right to know of the loan student. If there is a clear fraud, the contract can be declared invalid or cancelled."
Wang Yanhui believes that online loan platforms should strictly review and assume responsibility for college student loans, and at least a formal review of the student's family financial status and loan use should be conducted. If the online loan platform violates this obligation and causes the loan to be uncollectible, it should bear the responsibility that the money cannot be recovered. The loan interest rate should be displayed in the annual interest rate, otherwise it will be misleading; the relevant departments should regulate the improper propaganda behavior of the online lending platform, such as "spend tomorrow's money, realize today's dream" and other inducing advertisements. Be included in the scope of supervision.
Wang Yanhui suggested that the most important thing for the student group is to establish a correct consumption concept. Whether it is consumption or borrowing, they should face their own needs and carefully assess their own affordability.
"The content of the contract of the online loan platform involves the supervision of the market supervision department. If there is a usury, the financial authority needs to intervene. In the process of illegal debt collection, the public security department may need to intervene. This is a comprehensive law enforcement issue." Liu Deliang believes, Families, schools and society should work together to guide college students to establish correct consumption concepts.
At the same time, if they are caught in an online lending crisis, college students should also have a sense of the rule of law and rights, and must bravely take up legal weapons to protect their legitimate rights and interests. They can complain to the regulatory agency or claim the contract is invalid in accordance with the contract law.