In 2017, a woman borrowed 1.05 million yuan to buy an Apple phone and had a monthly salary of 3000 yuan. She was unable to repay the loan and wanted to commit suicide

Tech 2023-07-19 07:14:03 Source: Network

prefaceIn 2017, Apple ended the launch of its new iPhone 8 series of smartphones, attracting countless enthusiasts and buyers with faster and larger selling points,Even many users who have never used an Apple phone before have become high-end fans due to the popularity of others.And our protagonist today, Xiao Zhuo (pseudonym), is such a "road to powder" Apple phone user

preface

In 2017, Apple ended the launch of its new iPhone 8 series of smartphones, attracting countless enthusiasts and buyers with faster and larger selling points,Even many users who have never used an Apple phone before have become high-end fans due to the popularity of others.

And our protagonist today, Xiao Zhuo (pseudonym), is such a "road to powder" Apple phone user. She was happy when she received the phone, but what she didn't know was that this phone would be a burden to her.

Our protagonist, Xiao Zhuo from Ningbo City, Zhejiang Province, is just a small worker working in a factory, earning only 3000 yuan per month. Although she is poor, her ambition is high. Living under the current hardship, she always dreams of poetry and distant dreams.

It is reported that Xiao Zhuo often spends money recklessly, and his salary is simply not enough to support his expenses, often requiring family support to survive. Perhaps this is not much, but once a person has vanity, it is inevitable that something unexpected will happen.

In October 2017, the Apple press conference that everyone was following came to an end, and many people were discussing and praising this year's Apple phone. It was also inevitable that Xiaozhuo would hear news about this phone.

Nevertheless, Xiaozhuo did not buy a new phone because of this, and the so-called faster and larger phones did not attract Xiaozhuo's attention.

Not long after, Xiaozhuo's dormitory exploded, and a roommate of Xiaozhuo showed everyone and Xiaozhuo his new phone - the noble iPhone 8. Everyone envied this roommate, which also sparked Xiaozhuo's vanity.

So Xiaozhuo spent all day drinking tea without thinking about food, as if she was possessed by a demon. Finally, she couldn't help but decide to purchase this beloved phone in installments.

With the activation of the iOS system, Xiaozhuo officially became a noble Apple phone user. That day, his roommates all cast envious glances. At that moment, Xiaozhuo felt like he was standing at the top, and his heart was extremely happy.

At first, Xiaozhuoxin wanted to have the motivation to save money after buying this phone, but it seemed that he didn't pay too much attention to installment plans; Not long after the happy days, Xiao Zhuo began to become worried.

Xiaozhuo, who is used to spending money lavishly at ordinary times, found that his 3000 yuan job was unable to repay the Installment loan. Xiaozhuo didn't want to lose credit because he didn't pay the debt, but he didn't want to sell the new mobile phone he just bought to pay off his debt. After all, he didn't want his roommates to see his dilemma.

So, Xiaozhuo thought of using a loan to "repay the loan", and from this moment on, Xiaozhuo completely embarked on a path of no return.

There are many online loan advertisements on the internet, and Xiaozhuo casually contacted two online loan companies. Soon after, the second online loan company replied to Xiaozhuo and said that they could lend money to Xiaozhuo. Therefore, Xiaozhuo borrowed 8000 yuan from the online loan company, signed a contract, and repaid it in 10 weeks. Subsequently, the online loan company also lent money to Xiaozhuo as agreed.

But soon Xiaozhuo realized something was wrong because he had borrowed 8000 yuan, but in reality, he only received 5000 yuan and needed to repay the principal and interest of 8000 yuan. However, he had already signed the contract and received the payment, and now Xiaozhuo knew he had no way back.

According to communication between Xiaozhuo and the staff, the deducted 3000 yuan was composed of a 1000 yuan handling fee and a 2000 yuan deposit. Although Xiaozhuo knew he had been deceived, he couldn't help it and didn't dare to tell his family about spending money recklessly to buy a mobile phone and thus carrying a loan.

When he couldn't afford it, Xiaozhuo would borrow money from his roommate to repay. Seeing the repayment date, Xiaozhuo couldn't save the money, and the lending company didn't give Xiaozhuo time to breathe.

After various requests from Xiaozhuo, looking at Xiaozhuo's inability to repay, the online loan company also showed "compassion" and "kindly" provided Xiaozhuo with another online loan company, allowing Xiaozhuo to use the loan repayment method to repay the debt here, while also giving Xiaozhuo some "breathing space".

Xiao Zhuo was already in a state of confusion at that time, and because he was eager to repay his current loan, he believed the words of the online loan company; Quickly, with the help of the original online loan company, Xiaozhuo successfully received a loan from another online loan company and paid off the original loan. Xiaozhuo, who thought he had some breathing opportunities, discovered his tricks.

Originally, Xiaozhuo only needed to repay 900 yuan per week with interest and principal. However, when he arrived at this company, Xiaozhuo borrowed 10000 yuan, but in reality, he only received 7000 yuan. Moreover, the amount he needed to repay every week with interest and principal was as high as 1000 yuan. As a result, Xiaozhuo's repayment pressure not only did not decrease, but also became increasingly heavy.

So in order to repay the loan, Xiaozhuo has been using the loan to repay the loan. He has borrowed 46 online loan companies before and after, and the result is that the transaction fees and deposits of the online loan companies are getting higher and higher. Slowly, Xiaozhuo unknowingly owes a huge loan of 1.05 million yuan.

Faced with reporters, Xiao Zhuo said, "I regret that I shouldn't have touched this in the first place, and I was forced into this situation by them. My family, I can't go back, and my family can't live a good life, which has harmed the whole family." Now that she is unable to repay these debts, she can only wander around to avoid debt.

She never thought that the beginning of all this was the 8000 yuan she had borrowed, which eventually turned into 1.05 million yuan. Not only did she bear the debt, but debt collectors would harass Xiaozhuo's parents almost every day. Sometimes, they even used glue to stick to Xiaozhuo's parents' door. Faced with layers of pressure, Xiaozhuo was overwhelmed and even had the idea of suicide.

Since Xiaozhuo took on a high loan, his father has been observing Xiaozhuo's loan bill. The numbers appearing in it cannot be described as outrageous. According to Xiaozhuo's father, the loan amount is far from the loan amount, and even the loan amount is less than half of the loan amount.

The absurdity of numbers can be seen in Xiaozhuo's ledger: borrowing 40000 to lend 14000, borrowing 60000 to lend 19000... Xiaozhuo's father stated that such loans are clearly illegal.

Regarding this matter, the reporter interviewed also reported it to the competent public security bureau, which stated that it would investigate the matter strictly.

In this case, with the assistance of professional lawyers and the removal of unreasonable interest and expenses, Xiaozhuo only needs to repay a debt of 160000 yuan. Although it is already very small compared to 1.05 million yuan, compared to the initial loan of 8000 yuan, 160000 yuan still exceeds the scope of 8000 yuan.

In this case, the so-called deposits and handling fees of the online loan company can actually be considered as the interest on the loan, and the interest on the loan amount has far exceeded the interest stipulated by Chinese law.

However, the online lending company in this case did not include these funds as interest, and China has clear regulations on the interest of private lending. The excess amount is not supported by the people's court.

According to Article 30 of the "Regulations on Private Loans", if the lender and borrower have agreed on both overdue interest and liquidated damages or other expenses, the lender may claim overdue interest, liquidated damages or other expenses, or both. However, if the total amount exceeds 24% of the annual interest rate, the people's court shall not support it.

According to Article 670 of the Civil code, the interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be refunded based on the actual amount borrowed and the interest shall be calculated.

What do these two legal provisions mean? Firstly, Article 30 of the "Regulations on Private Loans" states that if I borrow 1 million yuan and repay it in full within one year, we have agreed on overdue interest, penalty, or other expenses in the contract.

The lender can claim one or all of the overdue interest, liquidated damages, or other expenses when I fail to fulfill my repayment obligations in a timely manner, but the claimed amount must not exceed 24% of the annual interest rate, which is absolutely not more than 1.24 million yuan. I am not obligated to repay the excess amount, and even if the borrower claims to the people's court, they cannot receive support.

Then, Article 670 of the Civil code expresses that if I borrow 1 million yuan and pay off in one year, the borrower cannot withdraw the interest of 240000 yuan in advance (not limited to 240000 yuan, the actual withdrawal will be calculated as much as possible).

If I withdraw it, then my repayment should be based on the principal of 760000 yuan, and what I ultimately need to repay is the principal of 760000 yuan plus interest calculated based on 760000 yuan, which is 760000 yuan plus 182400 yuan (942400 yuan).

These two articles purify the principal and interest of loans, control the amount of interest, protect the legitimate rights and interests of citizens, and maintain and promote the progress of the market economy.

In summary, Xiaozhuo only needed to repay the principal and interest of 5000 yuan at the beginning, and the 3000 yuan withdrawn should also be included in the principal or interest of the 5000 yuan repayment.

If calculated based on the highest annual interest rate, 10 weeks is about two months. The annual interest rate of 5000 yuan is 1200 yuan, and with the actual principal of 5000 yuan, the online loan company can only allow Xiaozhuo to repay 6200 yuan at the highest. Other excess parts cannot be supported by the people's court.

However, the protection of the law ultimately has limitations, just like Xiao Zhuo. Even if he ultimately receives legal support, he still needs to pay off the debt that should be paid off, which is 160000 yuan.

epilogue

There are many things we long for in life, and we are always not satisfied with what we have. The vanity can easily lead us astray.

We should face our own economic strength squarely. Insufficient means insufficient. However, we should not be discouraged by this. We should encourage ourselves to save money by self-discipline, and have enough confidence to have what we desire the next time we encounter it; We always miss a lot, but gradually, we will meet better people, so come on, workers.

Finally, it is for those who have already gone astray, such as Xiao Zhuo. When you encounter such things, do not hide them from your parents, because you must remember that in this world, only the "loans" your parents give you do not have interest. (Of course, no interest is also a loan, remember to repay it.)

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