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Up to 46%! The loan is 25,000 yuan, and the banyan tree loan charges 11,000 yuan in service fees

author:China Consumer Daily
Up to 46%! The loan is 25,000 yuan, and the banyan tree loan charges 11,000 yuan in service fees

In real life

If the borrower's capital needs are more urgent

However, it is not possible to obtain the right loan program in a timely manner

Lending intermediaries take advantage of poor information

Able to match the right loan program quickly

Help borrowers solve financial problems

therefore

Intermediaries will charge a service fee

But how much is the right service fee?

If the borrower feels that the loan intermediary

What should I do if I overcharge for the service?

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Lenders in the market today

How much does it cost?

Xiao Song, who is engaged in financial loan services, told the reporter of China Consumer Daily that their company works closely with the credit department of the bank, and after helping customers apply for successful loans, customers need to pay 3% of the loan amount as an intermediary service fee.

"Intermediary credit charges are generally 3 to 5 points, and if there is collateral, it is 1 to 3 points, which is the recognized range of the industry. Xiao De, who works in a telemarketing company in Nanjing, said that there is no definite standard for these charges, and the charges are different for different banks and qualifications, and they generally do not exceed 10% under normal conditions.

Although within 10% is

Common fees in the industry

But the reporter's investigation found

High charges are not uncommon in real life

Case 1: The fee of 36,000 yuan was refunded 18,490 yuan

At the beginning of July 2022, an information technology consulting service company contacted Zhang and informed him that it could help Zhang apply for a loan from a bank. On July 22, due to the need for funds, Zhang signed the "Financing Intermediary Service Contract" with the company, stipulating that Zhang entrusted an information technology consulting service company to assist him in completing the relevant loan matters, and that the intermediary service fee for the entrusted financing loan was 36,000 yuan, and Zhang pressed his fingerprint at the intermediary service fee of 36,000 yuan. On the same day, with the help of the company, Zhang successfully applied for a loan from a bank, with an annual interest rate of 3.9%, a loan amount of 171,500 yuan, and a loan term of 1 year.

After Zhang obtained the loan, he paid the company an intermediary service fee of 36,000 yuan. Later, Zhang demanded that the company refund all the service fees on the grounds that the company had used fraudulent means and charged high service fees. An information technology consulting service company believes that it comprehensively determines the charging standard of the intermediary service contract based on factors such as the customer's debt inquiry, credit card utilization rate, overdue and repayment ability, and the contract between the two parties is legal and valid, and the service fee collected should not be refunded to Zhang.

The People's Court of Chongqing Liangjiang New Area (Free Trade Zone) held that Zhang's signature at the end of the contract and fingerprints on the relevant part of the contract indicate his confirmation of the content of the contract, and that the contract had been established and took effect and had legal effect on Zhang.

As to the question of whether the intermediary service fee is reasonable, after calculation, the service fee paid by Zhang accounts for about 21% of the loan amount, although the current laws and regulations do not clearly stipulate the charging standard of financial intermediary service fee, but in this case, the annual interest rate of Zhang's loan is 3.9%, and the service fee agreed in the intermediary service contract is close to 21% of the loan amount, and the service fee is obviously beyond the reasonable range of normal financing. In order to maintain the order of the financial market, the intermediary service fee was adjusted to 10% of the loan amount as appropriate, and the above-mentioned information technology consulting service company was ordered to refund part of the service fee to Zhang.

It is reported that after the judgment, the above-mentioned information technology consulting services company actively performed the content of the judgment, and both parties expressed their acceptance of the judgment and dismissed the lawsuit.

Case 2: The loan is 25,000 yuan, and the banyan loan charges 11,000 yuan in service fees

Recently, a consumer in Shanxi complained that in March 2022, he borrowed 25,000 yuan in the remaining loan on the Banyan Loan platform, and in addition to the high interest, he was also charged a matching service fee of 11,544.96 yuan.

Up to 46%! The loan is 25,000 yuan, and the banyan tree loan charges 11,000 yuan in service fees

According to this amount, the service fee charged by Banyan Loan accounts for 46% of the principal, which is obviously high. What is the standard of this service fee? Did the platform make it clear to consumers before matching? The reporter made an interview request to the Banyan Loan platform, but as of press time, no reply has been received.

In fact

Many intermediaries provide loan matching services

None of them made it clear to consumers how much to charge

Some even play with words

Case 3: The promised service fee becomes a regular charge

According to media reports, Mr. Wang, a citizen, received a call from a person claiming to be from the bank's personal loan center, saying that he could apply for a credit loan with an interest rate of 3.6%, and the service fee was only 1.5% of the loan amount. However, after successfully applying for a loan of 259,000 yuan, Mr. Wang was charged a service fee of 34,800 yuan by the intermediary Zhongerqi Business Information Consulting Co., Ltd. The intermediary's explanation was that the 1.5% service fee was charged on a regular basis, and Mr. Wang's loan was 12 installments, and more than 30,000 yuan was the total cost for 12 months. Because the intermediary company transferred the money to the designated account on the grounds that the bank needed to check the "renovation flow", Mr. Wang was forced to agree to a fee of more than 30,000 yuan in order to recover the loan funds. After the incident was reported, many netizens left messages saying that they had the same experience, some "took out a loan of 89,000 yuan and were charged 25,600 yuan", and some "180,000 yuan were charged a comprehensive service fee of 36,000 yuan".

Judge:

Excessively high fees should be regulated by law

Regarding the high loan fees, Zheng Zhaowei, a judge of the People's Court of Chongqing Liangjiang New Area (Free Trade Zone), said that although the current laws and regulations do not clearly stipulate the charging standards for financial intermediary service fees, and there is no relevant industry standard, excessively high fees should be regulated by law, and when determining the service fee, it should be comprehensively considered according to the specific circumstances at the time of signing the contract, the service content, the actual loan amount and other factors. As far as the borrower is concerned, as a person with full capacity for civil conduct, it should carefully read the contents of the contract when signing the loan intermediary contract, especially the terms related to the intermediary service fee and payment method, and should be handled with caution. As far as lending institutions are concerned, they should adhere to the principle of operating in good faith and legally.

Dong Zhengwei, a lawyer at Beijing Lianggao Law Firm, said in an interview with reporters that the essence of the loan is to rely on personal credit information, and the role of intermediaries is not large. Many loan intermediaries refer to the fees of the traditional intermediary industry, claiming to charge 1% to 3% of the intermediary service fee. However, in fact, many intermediaries charge more than 10% of the service fee on the grounds that the lender has bad credit, and there are not a few "black intermediaries" who charge 15% to 30%. It is suggested that the regulatory authorities should regulate this chaotic phenomenon of fees, so as to reduce the illegal activities of loan intermediaries and reduce financing costs. At the same time, the courts should also have the courage to say "no" to illegal loan intermediaries and support consumers to protect their rights legally.

The reporter also noticed that some loan intermediaries claimed to be bankers to promote bank loan business, and such intermediaries accurately locked in customer needs through telephone calls, lured potential customers to the door, and then used means such as registering shell companies and falsifying financial statements to provide customers with so-called "low-interest loans", but in fact, they charged high service fees and seriously infringed on the legitimate rights and interests of consumers.

Shanghai Supervision Bureau of the State Administration of Financial Regulation

A risk warning was issued on April 17

When applying for a loan, financial consumers should choose a financial institution that has been approved by the financial management department to establish and issue a financial license, fully understand the intended loan product, carefully read the terms of the contract, fully grasp the loan conditions, repayment methods, comprehensive interest costs, liability for breach of contract, etc., and if they find themselves caught in the trap of illegal financial intermediaries, they should pay attention to preserving evidence and report the case to the local public security organ as soon as possible.

Up to 46%! The loan is 25,000 yuan, and the banyan tree loan charges 11,000 yuan in service fees

1. Internet news information service license: 10120170022;

2. Illegal and bad information reporting telephone: 010 - 88315438

Produced by the New Media Editorial Department of China Consumer Daily

Source/China Consumer Daily, China Consumer Network

Reporter/Nie Guochun

Editor/Li Xiaoyu

Producer/He Yongpeng, Ren Zhenyu

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