WhyChat, RE: Vehicle financing vs. Sale of Goods
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Posted by HDAlex
(4.63.17.38) on October 22, 2002 at 21:41:21:
I purchased the WaveRunner, trailer, and accessories on an open ended credit card account - all paid for on an invoice with my signature on a charge slip. I believe, but am not certain, that the Vehicle Financing Act applies only to written loans that cover the specific purchase of a vehicle. In this case, I used an open ended account, so I believe that I am not subject to that act - I did not sign any contract to finance the Yamaha. I signed registration documents, and signed a credit slip charging the purchase price to my credit account. As for the lien, I believe that all they did was fill in the leinholder information on the California registration document with Household's information. Is that considered perfection? In any case, Household did not meet ANY of the requirements necessary under 2983.2, so I am picking which affirmative defense to use. I would like to use 1812.5 since under 2983.2 they could theoretically say they provided notice(s) with first class mail (when in fact they did not). A final note - the attorney I retained to create my "waiting for the other shoe to drop" Chapter 7 filing said that he didn't know one way or the other if my assumption was correct. What type of lawyer should I get advice from regarding this matter? Thanks for all your help.
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