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Chapter 414 Credit Card Dispute Case (2)

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    ?

    Du Litian said: "Now find out who is in court."

    Lin Ziyao said: "Plaintiff b Bank, lodging place: No. 75, Daqing Road, Furong District, Huaihai City, legal representative: Huang Chengtian, entrusted Lin Ziyao, a practicing lawyer of Zhonghe Law Firm, to appear in court as litigation agent, entrusted  Permission: Special Authorization."

    ?Because the defendant Chen Hua did not appear in court to respond to the lawsuit, there was no link to ascertain the identity of the defendant.

    Du Litian said: "The plaintiff b bank v. defendant Chen Hua's credit card dispute case, after the court accepts the case, it will apply ordinary procedures according to law. Judge Du Litian, people's assessors Wu Fang and Wang Wei will form a collegial panel to try it. Does the plaintiff have any objections?"

    Lin Ziyao said: "There is no objection."

    Du Litian also said: "The defendant Chen Hua has been served with a subpoena for the opening of the court by the court according to the law. If he fails to appear in court to participate in the lawsuit, he is deemed to have waived his right to proceed."

    "Next, the trial officially begins, and the plaintiff is invited to state his claims and factual reasons."

    Lin Ziyao said: "The defendant Chen Hua applied for a credit card with the card number xxxxxx at the plaintiff b bank.  264,341.55 yuan. The amount should be repaid. After repeated reminders by the plaintiff, the defendant still failed to fulfill the repayment obligation, so the plaintiff, Bank b, sued the court, requesting an order: 1. The defendant Chen Hua repaid to bank b by June 20, 2018  The credit card arrears principal of 244,283.98 yuan, retail interest of 6,415.49 yuan, installment fee of 11,271.37 yuan, liquidated damages of 2,370.71 yuan, a total of 264,341.55 yuan, the interest after June 20, 2018 is based on 244,283.98 yuan, according to the "credit card use  2. The litigation costs of this case shall be borne by Chen Hua."

    "The presentation is over." Lin Ziyao said.

    Du Litian said: "The defendant did not submit a written statement of defense."

    Du Litian added: "The plaintiff presented evidence."

    Lin Ziyao said: "Plaintiff b bank submitted the following evidence around the claim: the first piece of evidence is the "Credit Card Application Form", which proves that the defendant Chen Hua applied for a credit card from a certain bank and promised to abide by the provisions of the contract;  The second piece of evidence is the "Usage Contract", which proves that the plaintiff and the defendant have agreed on the use, interest, fees, and repayments of the credit card; the third piece of evidence is the credit card transaction list, which proves that Chen Hua used the card for overdraft consumption  and consumption details; the fourth piece of evidence is Chen Hua's credit card balance composition table, which proves the amount of overdraft principal, interest, late payment fees, etc. owed by the defendant Chen Hua."

    Lin Ziyao said: "The presiding judge, all jurors, the above-mentioned evidence provided by the plaintiff is authentic, legal, and relevant, and can prove the facts of the case."

    Du Litian said: "Is there any original copy of the evidence provided by the plaintiff?"

    Lin Ziyao said: "Yes."

    Clerk Xiao Liu immediately stood up from his seat, walked to Lin Ziyao, took away the original evidence, and showed it to the three members of the collegial panel.

    ? Although the defendant did not appear in court to respond, the judge is obliged to find out the true circumstances of the case, and checking the original evidence is an important part of it.

    It's just that the defendant is not in court. If there are any facts and evidence in favor of the defendant, the judge will have no way to verify it.

    Du Litian exchanged a few words with the two jurors in a low voice, and then handed over the original evidence to Xiao Liu, and Xiao Liu returned the complete pieces of evidence to Zhao.

    Du Litian said: "Defendant Li did not submit any evidence to this court."

    Du Litian asked again: "Did the plaintiff add anything to the factual part?"

    Lin Ziyao said: "No."

    Du Li asked the two jurors again: "Is there anything you two want to ask?"

    The two jurors shook their heads lightly.

    Du Litian went on to say: "The plaintiff is invited to make an argument."

    Lin Ziyao said: "Dear presiding judge, two members of the collegial panel, the facts of this case are clear and the evidence is sufficient. The defendant Chen Hua applied to the plaintiff bank for a credit card with the card number xxxxxx, and the plaintiff and the defendant established a credit card contract relationship.  The staff of the plaintiff bank b had explained to the defendant Chen Hua in detail the usage rules of the credit card, the repayment cycle for overdraft consumption, the calculation method of overdue repayment interest, the installment payment fee and other important information to the defendant Chen Hua when he applied for the credit card.  Chen Hua also signed on the credit card application form to say, "I have read all the application materials, fully understand and clearly understand the relevant information of the credit card product, and am willing to abide by the rules of the contract (agreement).  ", the plaintiff has fully fulfilled the notification obligation of the standard contract, which is the first point."

    Lin Ziyao went on to say: "The plaintiff and the defendant agreed in the "Usage Contract" that for non-cash transactions, if the cardholder repays all the debts within the interest-free repayment period, there is no need to pay interest on non-cash transactions.  Otherwise, the entire overdraft amount shall be paid from the date of recording toThe overdraft interest until the date of repayment is the rate agreed by the two parties in the "Usage Contract": For non-cash transactions, if the cardholder repays all debts within the interest-free repayment period, there is no need to pay interest for non-cash transactions  , otherwise, the overdraft interest shall be paid for all overdraft funds from the date of bookkeeping to the date of repayment.  Pay off the minimum repayment amount of the current period. In addition to the interest payable, a late payment fee should be paid according to the contract. The late payment fee is 5% of the unpaid part of the minimum repayment amount of each period; if the cardholder withdraws cash with a credit card, in addition to the interest payable  , and a handling fee of 3% of the cash withdrawal amount should be paid.  The two parties also agreed that the cardholder can apply for a single installment business through the customer service hotline, sales hotline, credit card online banking, SMS, WeChat, etc. during the period from consumption to the day before the bill date of the current period.  If the cardholder fails to repay the overdraft payment beyond the due date, the bank has the right to collect and recover from the cardholder according to law and has the right to stop the use of the credit card.  "

    Lin Ziyao said: "After the plaintiff issued a credit card to the defendant Chen Hua, Chen Hua used the card for overdraft consumption, but did not repay the overdraft in time after the overdraft. As of June 20, 2018, the defendant Chen Hua had accumulatively defaulted on a certain bank  The principal of the overdraft is 244,283.98 yuan, the retail interest is 6,415.49 yuan, the installment fee is 11,271.37 yuan, and the liquidated damages are 2,370.71 yuan. The defendant should perform the repayment obligation in full and on time according to the contract after spending with the card. The defendant Chen Hua refused to repay the credit card debt  The behavior has constituted a breach of contract, and should bear the corresponding liability for breach of contract. The plaintiff requires the defendant to undertake the obligation of repayment and interest, which is in line with the "contract for use" signed by the plaintiff and the defendant and the provisions of laws and regulations. According to the "Contract Law of the People's Republic of China"  Paragraph 1 of Article 60, Paragraph 1 of Article 107, and Paragraph 1 of Article 119, the court is requested to support all the plaintiff¡¯s claims.¡± (Remember the website website: www.hlnovel.com
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