Common use of Consumer Leases Clause in Contracts

Consumer Leases. No Receivable in the pool constitutes a “consumer lease” under either (a) the UCC as in effect in the jurisdiction the law of which governs the Receivable or (b) the Consumer Leasing Act, 15 USC 1667. AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due. A. All accounts are issued to the Computer Assisted Collection System (CACS) as early as 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account. B. The CACS segregates accounts into two major groups: loans 5-45 days delinquent and those over 45 days delinquent. C. Loans delinquent up to 45 days are then further segregated into two groups: accounts that can be called on the automated dialer and accounts that are called manually. D. Loans up to 45 days delinquent that can be called on the automated dialer are routed through AmeriCredit’s dialing system. The system automatically dials the phone number related to a delinquent account and transfers it to the next available account representative. E. Loans without good phone numbers are called manually, through the CACS system, or in a preview dialer campaign. F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquent. G. When an account reaches anywhere between 31 and 41 days delinquent, a representative determines if any default notification is required based on state regulations. H. When an account exceeds 45 days delinquent, the loan is assigned to a 46+ collection team which will continue the collection effort until resolution. If the account cannot be resolved through normal collection efforts (i.e., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests. I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. If repossession of the collateral occurs, the following steps are taken: A. Proper authorities are notified (if applicable). B. An inventory of all personal property is taken and a condition report is prepared on the vehicle. C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession. D. Written request to the originating dealer for all refunds due for dealer adds is made. E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction. F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. Due dates may be changed subject to the following conditions: A. The account is contractually current or will be brought current with the due date change. B. Due date changes cannot exceed the total of 30 days over the life of the contract. C. The first installment payment has been paid in full. D. Only one due date change in a twelve month period. Any exceptions to the above stated policy must be approved by the appropriate level of authority.

Consumer Leases. No Receivable in the pool constitutes a “consumer lease” under either (a) the UCC as in effect in the jurisdiction the law of which governs the Receivable or (b) the Consumer Leasing Act, 15 USC 1667. AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due. A. All accounts are issued to the Computer Assisted Collection System (CACS) as early as at 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account. B. The CACS segregates accounts into two major groups: loans 5-45 days delinquent and those over 45 days delinquent. C. Loans delinquent up to 45 days are then further segregated into two groups: accounts that can be called on the automated dialer have good phone numbers and accounts those that are called manuallydo not. D. Loans up to 45 days delinquent that can be called on are transferred to the automated dialer are routed through Concerto system (AmeriCredit’s predictive dialing system). The system automatically dials the phone number related to a delinquent account and transfers it for all accounts that have good phone numbers. When a connection is made, the account is then routed to the next available account representative. E. Loans without good phone numbers are called manually, through the CACS system, or in a preview dialer campaign. F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquentdelinquent – this includes the use of collection letters. Collection letters may be utilized between 5th and 25th days of delinquency. G. When an account reaches anywhere between 31 and 41 days delinquent, a representative collector determines if any default notification is required based on in the state regulationswhere the debtor lives. H. When an account exceeds 45 days delinquent, the loan is assigned to a 46+ collection team which will continue the collection effort until resolution. If the account cannot be resolved through normal collection efforts (i.e., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests. I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. If repossession of the collateral occurs, the following steps are taken: A. Proper authorities are notified (if applicable). B. An inventory of all personal property is taken and a condition report is prepared on the vehicle. C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession. D. Written request to the originating dealer for all refunds due for dealer adds is made. E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction. F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. Due dates may be changed subject to the following conditions: A. The account is contractually current or will be brought current with the due date change. B. Due date changes cannot exceed the total of 30 days over the life of the contract. C. The first installment payment has been paid in full. D. Only one due date change in a twelve month period. Any An Officer must approve any exceptions to the above stated policy must be approved by the appropriate level of authoritypolicy.

Consumer Leases. No Receivable in the pool constitutes a “"consumer lease” " under either (a) the UCC as in effect in the jurisdiction the law of which governs the Receivable or (b) the Consumer Leasing Act, 15 USC 1667. SCHEDULE C SERVICING POLICIES AND PROCEDURES Note: Applicable Time Periods Will Vary by State COMPLIANCE WITH STATE COLLECTION LAWS IS REQUIRED OF ALL AMERICREDIT COLLECTION PERSONNEL. ADDITIONALLY, AMERICREDIT HAS CHOSEN TO FOLLOW THE GUIDELINES OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (FDCPA). The Collection Process AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due. A. All accounts are issued to the Computer Assisted Collection System (CACS) as early as at 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account. B. The CACS segregates accounts into two major groups: loans 5-45 days delinquent and those over 45 days delinquent. C. Loans delinquent up to 45 days are then further segregated into two groups: accounts that can be called on the automated dialer have good phone numbers and accounts those that are called manuallydo not. D. Loans up to 45 days delinquent that can be called on are transferred to the automated dialer are routed through Concerto system (AmeriCredit’s 's predictive dialing system). The system automatically dials the phone number related to a delinquent account and transfers it for all accounts that have good phone numbers. When a connection is made, the account is then routed to the next available account representative. E. Loans without good phone numbers are called manually, through the CACS system, or in a preview dialer campaign. F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquentdelinquent - this includes the use of collection letters. Collection letters may be utilized between 5th and 25th days of delinquency. G. When an account reaches anywhere between 31 and 41 days delinquent, a representative collector determines if any default notification is required based on in the state regulationswhere the debtor lives. H. When an account exceeds 45 days delinquent, the loan is assigned to a 46+ collection team which will continue the collection effort until resolution. If the account cannot be resolved through normal collection efforts (i.e., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests. I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. Repossessions If repossession of the collateral occurs, the following steps are taken: A. Proper authorities are notified (if applicable). B. An inventory of all personal property is taken and a condition report is prepared on the vehicle. C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession. D. Written request to the originating dealer for all refunds due for dealer adds is made. E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction. F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. Use of Due Date Changes Due dates may be changed subject to the following conditions: A. The account is contractually current or will be brought current with the due date change. B. Due date changes cannot exceed the total of 30 days over the life of the contract. C. The first installment payment has been paid in full. D. Only one due date change in a twelve month period. Any An Officer must approve any exceptions to the above stated policy. Use of Payment Deferments A payment deferral is offered to customers who have the desire and capacity to make future payments but who have encountered temporary financial difficulties, with management approval. A. Without prior approval, minimum of six payments have been made on the account and a minimum of six payments have been made since the most recent deferment (if any). B. The account will be brought current with the deferment, but not paid ahead, without management approval. C. A deferment fee is collected on all transactions. D. No more than eight total payments may be deferred over the life of the loan, without management approval. An Officer must approve any exceptions to the above stated policy. Charge-Offs It is AmeriCredit's policy must that any account that is not successfully recovered by 120 days delinquent is submitted to an Officer for approval and charge-off. It is AmeriCredit's policy to carry all Chapter 13 bankruptcy accounts until 120 days delinquent. A partial charge-off is taken for the unsecured portion of the account. On fully reaffirmed Chapter 7 bankruptcy accounts, the accounts can be approved by deferred current at the appropriate level time of authoritydischarge. Deficiency Collections Collections on charged-off accounts are continued internally and/or assigned to third party collection agencies for deficiency balances. EXHIBIT A SERVICER'S CERTIFICATE AmeriCredit Automobile Receivables Trust 2005-1 Class A-1 3.1425 % Asset Backed Notes Class A-2 3.82 % Asset Backed Notes Class A-3 4.26 % Asset Backed Notes Class B 4.48 % Asset Backed Notes Class C 4.73 % Asset Backed Notes Class D 5.04 % Asset Backed Notes Class E 5.82 % Asset Backed Notes Servicer's Certificate This Servicer's Certificate has been prepared pursuant to Section 4.9 of the Sale and Servicing Agreement among AmeriCredit Automobile Receivables Trust 2005-1, as Issuer, AmeriCredit Financial Services, Inc., as Servicer, AFS SenSub Corp., as Seller, Systems & Services Technologies, Inc., as Backup Servicer and JPMorgan Chase Bank as Trust Collateral Agent, dated as of April 6, 2005. Defined terms have the meanings assigned to them in the Sale and Servicing Agreement or in other Transaction Documents.

Consumer Leases. No Receivable in the pool constitutes a “consumer lease” under either (a) the UCC as in effect in the jurisdiction the law of which governs the Receivable or (b) the Consumer Leasing Act, 15 USC 1667. The Collection Process AmeriCredit mails each customer a monthly billing statement 16 to 20 days before payment is due. A. All accounts are issued to the Computer Assisted Collection System (CACS) as early as at 5 days delinquent or at such other dates of delinquency as determined by historical payment patterns of the account. B. The CACS segregates accounts into two major groups: loans 5-45 days delinquent and those over 45 days delinquent. C. Loans delinquent up to 45 days are then further segregated into two groups: accounts that can be called on the automated dialer have good phone numbers and accounts those that are called manuallydo not. D. Loans up to 45 days delinquent that can be called on are transferred to the automated dialer are routed through Concerto system (AmeriCredit’s predictive dialing system). The system automatically dials the phone number related to a delinquent account and transfers it for all accounts that have good phone numbers. When a connection is made, the account is then routed to the next available account representative. E. Loans without good phone numbers are called manually, through the CACS system, or in a preview dialer campaign. F. All reasonable collection efforts are made in an attempt to prevent these accounts from becoming 30+ days delinquentdelinquent – this includes the use of collection letters. Collection letters may be utilized between 5th and 25th days of delinquency. G. When an account reaches anywhere between 31 and 41 days delinquent, a representative collector determines if any default notification is required based on in the state regulationswhere the debtor lives. H. When an account exceeds 45 days delinquent, the loan is assigned to a 46+ collection team which will continue the collection effort until resolution. If the account cannot be resolved through normal collection efforts (i.e., satisfactory payment arrangements) then the account may be submitted for repossession approval. An officer must approve all repossession requests. I. CACS allows each collector to accurately document and update each customer file when contact (verbal or written) is made. Repossessions If repossession of the collateral occurs, the following steps are taken: A. Proper authorities are notified (if applicable). B. An inventory of all personal property is taken and a condition report is prepared on the vehicle. C. Written notification, as required by state law, is sent to the customer(s) stating their rights of redemption or reinstatement along with information on how to obtain any personal property that was in the vehicle at the time of repossession. D. Written request to the originating dealer for all refunds due for dealer adds is made. E. Collateral disposition through public or private sale, (dictated by state law), in a commercially reasonable manner, through a third-party auto auction. F. After the collateral is liquidated, the debtor(s) is notified in writing of the deficiency balance owed, if any. Use of Due Date Changes Due dates may be changed subject to the following conditions: A. The account is contractually current or will be brought current with the due date change. B. Due date changes cannot exceed the total of 30 days over the life of the contract. C. The first installment payment has been paid in full. D. Only one due date change in a twelve month period. Any An Officer must approve any exceptions to the above stated policy. Use of Payment Deferments A payment deferral is offered to customers who have the desire and capacity to make future payments but who have encountered temporary financial difficulties, with management approval. A. Without prior approval, minimum of six payments have been made on the account and a minimum of six payments have been made since the most recent deferment (if any). B. The account will be brought current with the deferment, but not paid ahead, without management approval. C. A deferment fee is collected on all transactions. D. No more than eight total payments may be deferred over the life of the loan, without management approval. An Officer must approve any exceptions to the above stated policy. Charge-Offs It is AmeriCredit’s policy must that any account that is not successfully recovered by 120 days delinquent is submitted to an Officer for approval and charge-off. It is AmeriCredit’s policy to carry all Chapter 13 bankruptcy accounts until 120 days delinquent. A partial charge-off is taken for the unsecured portion of the account. On fully reaffirmed Chapter 7 bankruptcy accounts, the accounts can be approved deferred current at the time of discharge. Deficiency Collections Collections on charged-off accounts are continued internally and/or assigned to third party collection agencies for deficiency balances. If, pursuant to the terms and conditions of the Sale and Servicing Agreement, Systems & Services Technologies, Inc. (“SST”) shall become the Servicer (or JPMorgan Chase Bank as Backup Servicer shall succeed to SST and become the Servicer), the following Sections shall be amended as follows unless otherwise agreed to in writing by SST (if such provisions would be enforceable against SST) or JPMorgan Chase Bank (if such provisions would be enforceable against JPMorgan Chase Bank): Section 1.1: If SST is the appropriate level Servicer, the definition of authority.“Backup Servicer” is replaced with the following definition: