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Loans can be said to be an essential part of life nowadays, especially credit cards. Basically, everyone uses it, and for us, it's quite enjoyable when it comes to spending, but when it comes to the repayment date, it's more painful. Once it can't be repaid, our credit will be affected, some time ago, a friend of mine had a credit card repayment problem. We can learn from her case what is the case of failure to repay on time and not bear the corresponding responsibility. It does not affect credit reporting.
Some time ago, a friend consulted me and said that he had opened a credit card at the bank, and the agreed repayment date was the 9th of each month. On the 8th of this month, when using mobile banking to repay, I accidentally entered the wrong one, and then I was nervous, and I entered the wrong password three times in a row, resulting in the bank card being locked. On the 9th, I continued to call the bank customer service**, and after getting through, the customer service said that I had to go to the bank counter to unlock it. However, on the 9th, due to the impact of the typhoon, the bank has already notified the closure of all branches in advance. Due to the typhoon and traffic, my friend couldn't go out that day to unlock his bank card, resulting in a default in his credit report. My friend believes that she did not go through the relevant procedures for repayment on time due to the impact of the typhoon, and the bank cannot determine that she is in default, nor can it affect her credit record.
So what do you think?
Personally, I think that first of all, my friend was unable to repay the loan on time because the bank required that he had to go to the bank counter to unlock the bank card password, but due to the impact of the typhoon, the bank was suspended. Objectively, it is also impossible to go to the bank because of the weather, traffic and other circumstances. In this case, I think my friend's inability to repay the loan on time is affected by force majeure. She should not be liable for breach of contract, nor should it affect her credit record. According to Article 180 of the Civil Code of the People's Republic of China, if a person is unable to perform a civil obligation due to force majeure, he shall not bear civil liability. Where the law provides otherwise, follow those provisions.
The so-called force majeure refers to objective circumstances that cannot be foreseen, avoided and cannot be served. Such as **, typhoons, etc.
What we want to note is:
1.If the contract cannot be performed due to force majeure, the other party should be notified in time, so that the other party can reduce the possible losses, and provide proof within a reasonable period of time. If force majeure occurs after the delay in performance, the corresponding liability for breach of contract cannot be exempted.
2.Care must be taken to collect, preserve, and provide evidence of the occurrence of non-pitfalls. Because force majeure occurs objectively, it is not subjectively imaginary. Force majeure events such as ** and extreme weather can be collected from relevant departments as supporting materials. However, there are some force majeure, such as small tornadoes and other local extreme weather, which requires the parties to provide evidence to prove the existence of force majeure.
3.For this on-time repayment, it should be noted that if force majeure occurs and the repayment cannot be made on time, you must communicate with the bank in time to negotiate whether you can use other ways to repay.
In fact, in the process of contract performance, there will always be some accidents or other things that cause the contract to not continue to perform, then there will inevitably be a breach of contract, do not panic, do not worry, specific problems are analyzed, although force majeure does not have to bear its liability for breach of contract, but it must meet the conditions of force majeure. If you encounter a similar situation, it is recommended to consult a professional.
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