Section 408. Credit upon anticipation of payments  


Latest version.
  • 1. Notwithstanding the
      provisions of any contract or obligation to the contrary, any buyer  may
      pay  it  in full at any time before the maturity of the final instalment
      of the time balance thereof and if he  does  so  shall  receive  and  be
      entitled  to  receive  a  refund  credit  thereon and if the contract or
      obligation included an amount for group credit life insurance a  further
      refund credit thereon for such anticipation, whether or not the maturity
      of  the  time  balance  of the contract was accelerated by the holder by
      reason of the buyer's default.
        2. The amount of any such refund credit shall be determined  according
      to a generally acceptable actuarial method.
        If the credit service charge imposed on the retail instalment contract
      or  obligation  is computed pursuant to subdivision four of section four
      hundred four of this article, the contract or obligation may be  prepaid
      in full without penalty.
        3.  Where the amount of the credit for anticipation of payment is less
      than one dollar no refund need be made. Where the earned credit  service
      charge  amounts  to  less,  there may be retained an amount equal to the
      minimum credit service charge applicable.
        4. The amount of the further  refund  credit  for  group  credit  life
      insurance  shall  be  equal  to the excess of the amount included in the
      contract for group credit life  insurance  over  the  premiums  paid  or
      payable  by  the  holder  of  the  contract  for such insurance, if such
      premiums were paid or payable periodically, or the refund  for  unearned
      group  credit  life  insurance  premium  paid  or payable in a lump sum,
      provided that no such further refund credit need be made if  the  amount
      thereof would be less than one dollar.
        5.  In  the  event  (i)  the  maturity  of a contract or obligation is
      accelerated due to the default of the buyer or otherwise and judgment is
      obtained, or (ii) repayment  is  made  pursuant  to  group  credit  life
      insurance,  the  buyer  or his legal representative, as the case may be,
      shall be entitled to the same refund credits as if the contract had been
      prepaid in full on the date of acceleration or repayment.