(DOWNLOAD) "Begay v. Ziems Motor Co." by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Begay v. Ziems Motor Co.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 28, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This suit was brought under the Truth in Lending Act1 and Regulation Z2 to recover damages, inter alia, for alleged failure of the seller to disclose accurately and meaningfully the amount of any default, delinquency or similar charges payable in the event of late payments in connection with the plaintiff's purchase of a 1974 Ford half ton pickup truck. Our primary question is whether the acceleration provisions in the sales contract permitting the seller, on default of an instalment payment and in other events ""to declare all amounts due or to become due to be immediately due and payable,"" and allowing the seller-creditor to retain unearned finance charges following acceleration constitute ""charges"" which are required to be disclosed in a manner required by the Act and the regulation. The complaint alleged several grounds for recovery but, as the case comes to us, only the claim concerning the acceleration clause and the provision on unearned finance charges need be considered. The defendant's answer denied any violation of the Act or the regulation, while admitting the use and execution of the contract attached to the complaint. The plaintiff moved for summary judgment on the basis of an affidavit, the pleadings and a deposition on file. Defendant responded, opposing summary judgment and submitting opposing affidavits.
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