16a-2-505. (UCCC) Finance charge on consolidation. (1) If a consumer owes an unpaid balance to a creditor with respect to a consumer credit transaction and becomes obligated on another consumer credit transaction with the same creditor, the parties may agree to a consolidation resulting in a single schedule of payments. The parties may agree to add the unpaid amount of the amount financed and accrued charges on the date of consolidation to the amount financed with respect to the subsequent consumer credit transaction.
The creditor may contract for and receive a finance charge as provided in subsection (2) based on the aggregate amount financed resulting from the consolidation.
(2) If the debts consolidated arise exclusively from consumer credit sales the transaction is a consolidation with respect to a consumer credit sale and the amount of the finance charge is governed by the provisions on finance charge for consumer credit sales other than open end credit (section 16a-2-201). If the debts consolidated include a debt arising from a consumer loan the transaction is a consolidation with respect to a consumer loan and the amount of the finance charge is governed by the provisions on finance charge for consumer loans (subsection (1) or (2) of section 16a-2-401), as appropriate.
(3) If a consumer owes an unpaid balance to a creditor with respect to a consumer credit transaction arising out of a consumer credit sale, and becomes obligated on another consumer credit transaction arising out of another consumer credit sale by the same seller, the parties may agree to a consolidation resulting in a single schedule of payments either pursuant to subsection (1) or by adding together the unpaid balances with respect to the two sales.
History: L. 1973, ch. 85, § 33; L. 1993, ch. 200, § 10; January 1, 1994.
Structure Kansas Statutes
Chapter 16a - Consumer Credit Code
Article 2 - Finance Charges And Related Provisions
16a-2-103 Computation of finance charges.
16a-2-104 (UCCC) Payment credit date.
16a-2-201 Finance charge for closed end consumer credit sales.
16a-2-202 Finance charge for consumer credit sales pursuant to open end credit.
16a-2-303 (UCCC) Denial, revocation or suspension of license; disciplinary proceedings.
16a-2-303a Denial, revocation or suspension of registration of residential mortgage loan originator.
16a-2-307 (UCCC) Restrictions on interest in land as security.
16a-2-308 (UCCC) Regular schedule of payments; maximum loan term.
16a-2-309 Conduct of business; other than making loans.
16a-2-310 Prohibited acts by persons licensed or registered under act.
16a-2-402 (UCCC) Consumer loans pursuant to open end credit; allowable charges per billing cycle.
16a-2-403 Prohibiting surcharge on credit or debit cards.
16a-2-404 Payday loans; finance charges; rights and duties.
16a-2-405 Payday loans to military borrowers; restrictions.
16a-2-501 (UCCC) Additional charges.
16a-2-502 (UCCC) Delinquency charges.
16a-2-504 (UCCC) Finance charge on refinancing.
16a-2-505 (UCCC) Finance charge on consolidation.
16a-2-506 (UCCC) Advances to perform covenants of consumer.
16a-2-507 (UCCC) Recovery of collection costs and attorney fees.
16a-2-508 (UCCC) Conversion to open end credit.
16a-2-509 (UCCC) Right to prepay.
16a-2-510 (UCCC) Prepayment; minimum charges; judgments; rebate.