Author Topic: New york State laws,uniform Commercial code 2-725  (Read 7958 times)

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motherofmany

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Re: New york State laws,uniform Commercial code 2-725
« Reply #15 on: April 10, 2010 10:14:57 PM »
motherofmany:  unless I'm missing something, and you are talking about business debt, the UCC has no applicability to your situation.

http://www.courts.state.ny.us/courts/nyc/civil/consumercredit.shtml

macbethany

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Re: New york State laws,uniform Commercial code 2-725
« Reply #16 on: April 16, 2010 05:38:27 PM »
Dr Evil,

Why do you say unless it is a business debt NYS UCC does not apply?

Doctor Evil

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Re: New york State laws,uniform Commercial code 2-725
« Reply #17 on: April 16, 2010 06:40:43 PM »
several reasons.

There are very few true "store cards" left out there, they are bank cards.  Also the UCC primarily deals with the sale of goods between merchants.  There are a few consumer related provisions, (auto's etc") however section 2-108 gives a baseline in that the UCC applies except in cases where the transaction is subject to other law.  In that case the CPLR would apply.  This would include consumer credit transactions.  I don't believe that the UCC speaks to "store cards" anymore, so that NYC civil website appears to be outdated.

macbethany

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Re: New york State laws,uniform Commercial code 2-725
« Reply #18 on: April 16, 2010 06:52:20 PM »
Hi Dr Evil
And thanks for your quick response.
In this particular case the last purchase was in 1998...any purchase ever made with this card was only at sears, in other words this account was only ever used as a store account.

No citi card was issued....the rolling (delinquent and over the limit) balance was transfered to citi at the time they purchased the sears accounts. The account had been closed to further purchases by Sears prior to the citi take over.I also believe that the purchases made in the sears store anytime prior to 1999 (or the citi purchase) had in their agreement that the goods could be taken back by the store in the case of default.
If my original agreement (which would have been in effect for all purchases I ever made) was an actual store card agreement would that not have been covered by the NYS UCC?

Did making payments to citi convert this agreement into something other than a store card?  any thought would be appreciated

Doctor Evil

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Re: New york State laws,uniform Commercial code 2-725
« Reply #19 on: April 16, 2010 07:05:57 PM »
Hi Dr Evil
And thanks for your quick response.
In this particular case the last purchase was in 1998...any purchase ever made with this card was only at sears, in other words this account was only ever used as a store account.

No citi card was issued....the rolling (delinquent and over the limit) balance was transfered to citi at the time they purchased the sears accounts. The account had been closed to further purchases by Sears prior to the citi take over.I also believe that the purchases made in the sears store anytime prior to 1999 (or the citi purchase) had in their agreement that the goods could be taken back by the store in the case of default.
If my original agreement (which would have been in effect for all purchases I ever made) was an actual store card agreement would that not have been covered by the NYS UCC?

Did making payments to citi convert this agreement into something other than a store card?  any thought would be appreciated

To be honest with you, I do not know.  When was your last payment made?  The UCC was revised around 2005 I believe so you have different versions at different times.  You also may have a conflict of law issue with the fact that the ucc may have set a store card at 4 years, but the cplr has a consumer credit transaction at 6.

I would start by reading through the terms when the account went over to citi.  Or simply raise it as a defense and see what happens.

usctrojanalum

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Re: New york State laws,uniform Commercial code 2-725
« Reply #20 on: May 15, 2013 06:36:13 PM »
The UCC does not apply to store CC's.  The Uniform Commercial Code only governs the business dealings between two commercial entities. Only deals with the contracts for sale of commercial goods, not consumer goods.

 

credit