38 Ill. Adm. Code 160.30
Individual Account Cards
Section 160
Section 160.30 Individual
Account Cards
An individual account card shall
be kept for each transaction or appropriate combination of records with respect
to each finance agreement, which the licensee acquires pursuant to Section 2(a)
of the Sales Finance Agency Act.
a) Such account card or records shall show the name and address
of buyer, names of co-purchasers or obligors, transaction number, date of
transaction, nature of security, type and cost of insurance, official fees
charged and paid, amount and date of each installment due and paid; the
schedule of installments as set forth in the instrument purchased, total
finance charge where applicable, and the name of holder if the instrument is
hypothecated. The record shall also show the amount of official fees received
and paid out for filing, recording or releasing a financing statement or
security agreement, including the fee required by the Secretary of State for
perfecting a lien on a motor vehicle title.
1) The record for an interest-bearing contract shall show the
original principal amount of the contract, rates of interest, and finance
charge where applicable.
2) The record for a precomputed contract shall show the original
principal amount of the contract, excluding the precomputed interest and
charges, the amount of the finance charge and the face amount of the contract
including the finance charge.
b) The record for an interest-bearing contract shall show the
amount and date of each payment of principal and interest, the balance due on
principal, and the date to which interest is paid. If the amount paid is
insufficient to meet the entire amount of interest due, the record shall be
clearly marked to indicate the extent of credit given for such interest payment
and the date to which interest is paid. Upon the Division’s or obligor’s request
involving a specific account or accounts, the licensee shall provide the amount
of accrued but unpaid interest.
c) The account record for a precomputed contract shall show the
amount and date of each payment applied to the contract, the unpaid balance of
the contract after applying such payment, and the date and amount of any
additional interest collected for delinquency, default or deferment. If
deferment interest is collected in whole or in part, the record shall indicate
the deferred due date of the final installment and any uncollected portion of
the deferment interest. The account record shall also show the original
principal of the contract excluding the charge, the amount of the charge, the
face amount of the note including the charge, and any additional charge made
for extra days in the first installment process.
d) The card shall also show the date of purchase by licensee, the
name of the seller, the amount financed, the amount and description of all
charges to debtor not specified above and total of payments including all
charges.
e) When a transaction is prepaid in full, the account card shall
show the date of prepayment, the amount paid to discharge the debt, the amount
of the rebate for each insurance and finance charge, if any, and any deduction
from the rebate for previously earned but uncollected delinquency charges and
insurance.
f) The card shall contain the date and amount of all late charges
and extension charges collected indicating the period for which said charges
are applicable.
g) If payment is made in any other way than in the ordinary
course of business, it shall be so designated. (For example, payment by a
third party, insurance claim or sale of collateral.)
h) If receivables are sold, the individual account cards or
copies thereof for such receivables shall show the name of the purchaser and
the date of such sale.
i) No erasures whatsoever may be made in the payment or charge
section of any account card. In case of error, a line shall be drawn in ink
through the improper entry and the correct entry made on the following line.
The entries on the card shall correspond with the receipts given the borrower.
j) Every licensee shall preserve the account card for at least
two years after final entry. Records shall be maintained in a form accessible
to the Department. A licensee may maintain these files in any medium or format
which accurately reproduces original documents or papers.