Certain Characteristics of the Receivables. (A) Each Receivable had a remaining maturity, as of the Cutoff Date, of not more than 72 months; (B) each Receivable had an original maturity of not more than 72 months; (C) not more than 40% of Receivables (calculated by Aggregate Principal Balance) shall have an original term to maturity of 72 months; (D) each Receivable had a remaining Principal Balance as of the Cutoff Date of at least $250 and not more than $60,000; (E) each Receivable has an Annual Percentage Rate of at least 8% and not more than 33%; (F) no Receivable was more than 30 days past due as of the Cutoff Date and (G) no funds have been advanced by AmeriCredit, any Dealer, any Third-Party Lender, or anyone acting on behalf of any of them in order to cause any Receivable to qualify under clause (F) above. SERVICING POLICIES AND PROCEDURES Note: Applicable Time Periods Will Vary by State AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due. A. All accounts are issued to the Computer Assisted Collection System (CACS) at 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account. B. The CACS segregates accounts into two groups: loans less than 30 days delinquent and those over 30 days delinquent. C. Loans delinquent for less than 30 days are then further segregated into two groups: accounts that have good phone numbers and those that do not. D. Loans with good phone numbers are transferred to the Davox system (AmeriCredit’s predictive dialing system). The system automatically dials the phone number related to a delinquent account. When a connection is made, the account is then routed to the next available account representative. E. Loans without good phone numbers are assigned to front-end collectors. F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquent - this includes the use of collection letters. Collection letters may be utilized between 15th and 25th days of delinquency. G. When an account reaches 31 days delinquent, a collector determines if any default notification is required in the state where the debtor lives. H. When an account exceeds 61 days delinquent, the loan is assigned to a hard-core collector who will continue the collection effort. If the account cannot be resolved through normal collection efforts (i.e., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests. I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. If repossession of the collateral occurs, the following steps are taken: A. Proper authorities are notified (if applicable). B. An inventory of all personal property is taken and a condition report is prepared on the vehicle. C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession. D. Written request to the originating dealer for all refunds due for dealer adds is made. E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction. F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. Due dates may be changed subject to the following conditions: A. The account is contractually current or will be brought current with the due date change. B. Due date changes cannot exceed the total of 15 days over the life of the contract. C. The first installment payment has been paid in full. D. Only one due date change in a twelve month period. An Officer must approve any exceptions to the above stated policy.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Americredit Financial Services Inc)
Certain Characteristics of the Receivables. (A) Each Receivable had a remaining maturity, as of the Cutoff Date, of not more than 72 months; (B) each Receivable had an original maturity of not more than 72 months; (C) not more than 40% of Receivables (calculated by Aggregate Principal Balance) shall have an original term to maturity of 72 months; (D) each Receivable had a remaining Principal Balance as of the Cutoff Date of at least $250 and not more than $60,000; (ED) each Receivable has an SCH-B- Annual Percentage Rate of at least 8% and not more than 3330%; (FE) no Receivable was more than 30 days past due as of the Cutoff Date and (GF) no funds have been advanced by AmeriCredit, any Dealer, any Third-Party Lender, or anyone acting on behalf of any of them in order to cause any Receivable to qualify under clause (FE) above. SCHEDULE C SERVICING POLICIES AND PROCEDURES NoteNOTE: Applicable Time Periods Will Vary by State APPLICABLE TIME PERIODS WILL VARY BY STATE COMPLIANCE WITH STATE COLLECTION LAWS IS REQUIRED OF ALL AMERICREDIT COLLECTION PERSONNEL. ADDITIONALLY, AMERICREDIT HAS CHOSEN TO FOLLOW THE GUIDELINES OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (FDCPA). THE COLLECTION PROCESS AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due.
A. All accounts are issued to the Computer Assisted Collection System (CACS) at 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account.
B. The CACS segregates accounts into two groups: loans less than 30 days delinquent and those over 30 days delinquent.
C. Loans delinquent for less than 30 days are then further segregated into two groups: accounts that have good phone numbers and those that do not.
D. Loans with good phone numbers are transferred to the Davox system (AmeriCredit’s 's predictive dialing system). The system automatically dials the phone number related to a delinquent account. When a connection is made, the account is then routed to the next available account representative.
E. Loans without good phone numbers are assigned to front-end collectors.
F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquent - this includes the use of collection letters. Collection letters may be utilized between 15th and 25th days of delinquency.
G. When an account reaches 31 days delinquent, a collector determines if any default notification is required in the state where the debtor lives.
H. When an account exceeds 61 days delinquent, the loan is assigned to a hard-core collector who will continue the collection effort. If the account cannot be resolved through normal collection efforts (i.e.I.E., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests.
I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. SCH-C- If repossession of the collateral occurs, the following steps are taken:
A. Proper authorities are notified (if applicable).
B. An inventory of all personal property is taken and a condition report is prepared on the vehicle.
C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession.
D. Written request to the originating dealer for all refunds due for dealer adds is made.
E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction.
F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. USE OF DUE DATE CHANGES Due dates may be changed subject to the following conditions:
A. The account is contractually current or will be brought current with the due date change.
B. Due date changes cannot exceed the total of 15 days over the life of the contract.
C. The first installment payment has been paid in full.
D. Only one due date change in a twelve month period. An Officer must approve any exceptions to the above stated policy. USE OF PAYMENT DEFERMENTS A payment deferral is offered to customers who have the desire and capacity to make future payments but who have encountered temporary financial difficulties, with management approval.
A. Minimum of six payments have been made on the account and a minimum of nine payments have been made since the most recent deferment (if any).
B. The account will be brought current with the deferment, but not paid ahead, without management approval.
C. A deferment fee is collected on all transactions.
D. No more than eight total payments may be deferred over the life of the loan, without management approval. An Officer must approve any exceptions to the above stated policy.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Americredit Financial Services Inc)