In 2021, Zhang applied to a bank to open a credit card, signed the "Card Acquisition Contract" and other relevant agreements in accordance with the card opening process, and obtained the credit card after being approved by the bank. In the process of using the card, Zhang has always maintained good card habits, but in June 2023, due to poor turnover, he failed to repay the credit card bill due to poor turnover, and failed to pay off the credit card bill after repeated notices and coordination by the bank, so the bank filed a lawsuit for credit card dispute with the people's court. The case entered the pre-litigation mediation stage and was assigned to a notary office of a specially invited mediation organization by the court, and after mediation, Zhang chose to repay the loan in installments after the bank reduced part of the interest fee, and the two parties signed an installment repayment agreement and applied to the notary office for compulsory notarization, combining financial mediation and compulsory notarization, and giving the creditor's rights document enforceable effect through notarization.
With the development of financial technology, the expansion of Internet credit business and the increasing influence of related financial policies, this kind of credit card dispute caused by overdue repayment is increasing, because of the single legal relationship involved and the high degree of homogeneity of facts and evidence, the dispute can not be resolved only through the civil litigation method of traditional courts, which cannot meet the surging demand for trial and enforcement of credit card cases, resulting in the risk of improper loss or impairment of bank financial assets, and also breeds complications such as violent collection and fraud risks, and it is urgent to open up new methods to resolve conflicts and disputes, new approaches.
Through the self-developed integrated platform of financial mediation and notarization, the mediation power of the financial industry and the empowerment of notary institutions are introduced from the two links of cardholders' application for credit card opening and negotiation of installment repayment agreements after overdue, so as to establish a multiple dispute resolution mechanism of "front and back coordination, industry linkage, and litigation and non-convergence". The financial institution applies to the mediation center for mediation after the cardholder overdue, and the mediator urges both parties to reach the best repayment plan based on the principle of equality and voluntariness, and signs the mediation agreement through the platform** and completes the application for strong notarization.
On the one hand, through the intervention of notary institutions, the contracts and agreements are enforced, providing core legal protection for the realization of creditor's rights, and the cardholders re-examine the cost of breach of contract and consciously abide by the contract to repay on time; On the other hand, through the mediation of professional mediators, through the bank's reduction and reduction of installments, the two parties can reach an installment repayment agreement and carry out network empowerment notarization, and resolve credit card disputes before the lawsuit is filed, which is a powerful embodiment of implementing the non-litigation dispute resolution mechanism in the front, promoting the construction of multiple dispute resolution mechanisms, and aggregating social forces to promote the modernization and rule of law of grassroots governance. The combination of mediation in the financial industry and strong notarization is not only an effective connection between litigation and non-litigation dispute resolution, but also can give full play to the professional advantages of justice and notarization in the prevention and resolution of social contradictions, alleviate the pressure of litigation from the source, effectively prevent and control the risks caused by credit card disputes to social order, ensure the healthy development of the financial industry, safeguard the legitimate rights and interests of card users, and embody the concept of "pluralistic co-governance and hierarchical progress".
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