Sec. 36a-786. (Formerly Sec. 42-99). Recovery of charges barred by wilful violations. - Connecticut Statutes

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Statutes > Connecticut > Title36a > Chap669 > Sec36a-786

      Sec. 36a-786. (Formerly Sec. 42-99). Recovery of charges barred by wilful violations. A wilful violation of any provision of sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c, except a violation with respect to disclosure which is subject to the provisions of section 36a-683, by any person, firm, association or corporation shall bar recovery of any finance, delinquency or collection charge by the owner or holder of the retail installment contract or any interest, delinquency or collection charge by the owner or holder of an installment loan contract involved, provided such owner or holder approved of or had knowledge of such violation and after such approval or knowledge retained the benefits, proceeds, profits or advantages accruing from such violation or otherwise ratified such violation.

      (1949 Rev., S. 6703; 1969, P.A. 454, S. 32.)

      History: 1969 act added exception re violations with respect to disclosures; Sec. 42-99 transferred to Sec. 36a-786 in 1995.

      See Sec. 42a-9-203 re attachment and enforceability of security interests.

      Annotations to former section 42-99:

      This section and section 42-100 are not exclusive of other remedies. 155 C. 469.

      Cited. 3 CA 201. Cited. 7 CA 613.

State Codes and Statutes

Statutes > Connecticut > Title36a > Chap669 > Sec36a-786

      Sec. 36a-786. (Formerly Sec. 42-99). Recovery of charges barred by wilful violations. A wilful violation of any provision of sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c, except a violation with respect to disclosure which is subject to the provisions of section 36a-683, by any person, firm, association or corporation shall bar recovery of any finance, delinquency or collection charge by the owner or holder of the retail installment contract or any interest, delinquency or collection charge by the owner or holder of an installment loan contract involved, provided such owner or holder approved of or had knowledge of such violation and after such approval or knowledge retained the benefits, proceeds, profits or advantages accruing from such violation or otherwise ratified such violation.

      (1949 Rev., S. 6703; 1969, P.A. 454, S. 32.)

      History: 1969 act added exception re violations with respect to disclosures; Sec. 42-99 transferred to Sec. 36a-786 in 1995.

      See Sec. 42a-9-203 re attachment and enforceability of security interests.

      Annotations to former section 42-99:

      This section and section 42-100 are not exclusive of other remedies. 155 C. 469.

      Cited. 3 CA 201. Cited. 7 CA 613.

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State Codes and Statutes

Statutes > Connecticut > Title36a > Chap669 > Sec36a-786

      Sec. 36a-786. (Formerly Sec. 42-99). Recovery of charges barred by wilful violations. A wilful violation of any provision of sections 36a-770 to 36a-788, inclusive, 42-100b and 42-100c, except a violation with respect to disclosure which is subject to the provisions of section 36a-683, by any person, firm, association or corporation shall bar recovery of any finance, delinquency or collection charge by the owner or holder of the retail installment contract or any interest, delinquency or collection charge by the owner or holder of an installment loan contract involved, provided such owner or holder approved of or had knowledge of such violation and after such approval or knowledge retained the benefits, proceeds, profits or advantages accruing from such violation or otherwise ratified such violation.

      (1949 Rev., S. 6703; 1969, P.A. 454, S. 32.)

      History: 1969 act added exception re violations with respect to disclosures; Sec. 42-99 transferred to Sec. 36a-786 in 1995.

      See Sec. 42a-9-203 re attachment and enforceability of security interests.

      Annotations to former section 42-99:

      This section and section 42-100 are not exclusive of other remedies. 155 C. 469.

      Cited. 3 CA 201. Cited. 7 CA 613.