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Reason of Changsha private lending disputes

reason of Changsha private lending dispute
in cases of civil disputes in the process of reception, I found that the current lending dispute is by no means inevitable, summarizes by similar cases, I found some of the following reasons:

 

1. lack of honesty

lack of credit is borrowing the main reasons for the dispute. Reality in the, is big part case of party in borrowing zhiqian on has knows himself no reimbursement capacity, but to meet himself of need, and had to borrowing; part case party fundamental no according to both in borrowing Shi of agreed using borrowing, its borrowing of purpose is to put take have of money to more high of interest rate in lent to others, to seek middle of interest difference; also has part case of party not from himself of actual reimbursement capacity starting, to cheat lending people of borrowing, Make yourself unable to perform the obligation of restitution repayment deadline on schedule. After the loan or for a variety of reasons these people Dodge, did not take the initiative to repay, or bad pay, does not intend to repay, or seen again, cannot be recovered, made in good faith on the basis of the borrowing was in complete disarray.

 

2. the pursuit of high profits

higher interest is another major cause of luring lenders loan. Trial, we found that, a lot of Parties at the time of borrowing amount of ious written by much more than the actual cash. For example, Zhang Li, a loan, in order to make Lee agreed to loan, Zhang agreed to write 10000 8000 Yuan loans worth of ious, which signed a promissory note is already paying 2000 Yuan of interest, interest on the prices, as well as arbitrage. Lenders, only on a much higher interest on bank deposits as a way to charge exorbitant profits, did not take into account a borrower's ability to repay, resulting in principal and interest are not to be repaid and had to sue in court.

 

3. no corresponding of guarantees or mortgage, makes borrowing people repayment no guarantee

in processing case of process in the, dang trial personnel told plaintiffs in signed borrowing agreement zhiqian, can requirements borrowing people issued corresponding of guarantees or mortgage Shi, part party said not know, but more of party know, but, for friends, and relatives relationship, or due Yu face, and listened to rhetoric, or accept favors, not requirements borrowing people issued guarantor, and Security property or the loan collateral, which makes the loans without guarantees, repayment is not binding, the borrower does not repay the loan in full and on time, would inevitably ensue.

 

4. Note, a receipt is not standard

in the case, also often find the parties submitted by IOU, receipts, there are many nonstandard place, leads to literal vague, imprecise and become the focus of dispute.

(1), interest unclear

private lending relationship, both parties agreed is the most prone to conflicts of interest. Part of the case, although both parties had agreed interest, but with interest rates more than four times times the bank rate over the same period, exceed the part of the plaintiff, the law does not protect. There are some cases, both at settlement before interest credited to the principal settlement, once again interest arbitrage behavior occurs, then, even if the two parties agree that this section exists, are not protected by law.

(2), the borrowers names written specification

in accordance with the provisions of Changsha private lending my name to identity cards, register registered names shall prevail, but in rural areas, many people used to call aliases, together with level restrictions, often writing alias on the promissory note or receipt, or homonym of the character as an alternative. When a dispute occurs when appealed to the Court, on the borrower's IOU's signature on the ID card is inconsistent and does not recognize the fact that borrowers, lenders with the signature on the receipt is not a repayment and against have repayment or partial repayment.

 

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