Section 305. Credit upon anticipation of payments  


Latest version.
  • 1. Notwithstanding the
      provisions of any retail instalment contract 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
      included an amount for group credit life insurance, the  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 or otherwise. The amount of any such  refund  credit
      shall  be the unearned portion of the credit service charge, after first
      deducting an acquisition cost of fifteen dollars, or,  if  the  contract
      has  been  extended,  deferred  or  refinanced,  the  additional  charge
      therefor, determined according to a generally accepted actuarial method.
      Where the amount of the credit for anticipation of payment is less  than
      one dollar, no refund need be made.
        If the credit service charge imposed on the retail instalment contract
      is  computed pursuant to subdivision four of section three hundred three
      of this article the contract may, after  deduction  of  the  acquisition
      cost of fifteen dollars, be prepaid in full without penalty.
        2.  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 received or receivable by the holder
      of the contract, if such premium was 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.
        3. In the event (i) the maturity of the contract 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.