Chrome Capital Lease Agreement
Dave Hester, who lives in Jackson, Georgia, said he would never buy a Harley again after renting one from Chrome. Nearly two years ago, he signed his first lease with the company for a 2008 retro-style deluxe model. On December 18, 2014, Mr. Willis sent a second letter to the Claimant in response to his question about the amount required to resume the lease. [ECF Nos. 25-2-3]. Mr. Willis indicated: The claimant would have to pay $US 2,953.97, which corresponds to the US$2,515.00 due at the time of signing the lease, the payment of $US 394.26 on December 1, a five per cent delay fee of $19.71 and a stop fee of $25.00. He stated that the $2,515.00 should be paid directly to CCC, in accordance with the terms of the lease agreement. He found that CCC was storing the motorcycle and that the defendant would send a release notice to CCC as soon as he received the payment, the insurance had resumed, and payments continued on the first day of each month from the ACH account on file. Id. The complainant did not take the necessary steps to be late. Fleming Aff.
¶ 22. On August 27, 2014, the Claimant entered into an agreement with CCC (“Lease”) for the lease of a 2011 used Harley Davidson FXDB motorcycle bearing Vehicle Identification Number 1HD1GX413BC303642 (“the Motorcycle”).3 [ECF Nos. 21-2 to 1-7]. The lease provided for $3,309.26, including an activated cost reduction (“down payment”) 4 of $2,515.00, an initial monthly payment of $394.26 and a refundable bond of $400.00, which was “[a] mount to be paid in cash” to CCC at the time of signing the lease. [ECF Nos. 21-2-2]. It reflected the total activated gross costs of $14,120.00. However, this amount was reduced after the $2,515.00 award to an adjusted activated acquisition amount of $11,600.00.
The adjusted activated acquisition costs were further reduced by subtracting the residual value of the motorcycle after the lease period. Thus, the payment breakdown reflected a motorcycle depreciation tax of $5,870.25 and a “rental fee” of $8,323.11 for total base payments of $14,193.36. It was stated that the duration of the lease was 36 months and that the complainant was required to make 35 additional monthly payments of $US 394.26. The Claimant agreed to maintain the insurance at his own expense for the duration of the lease. Id. to 4. The lease agreement provided that CCC “may sell, assign or otherwise transfer our rights and obligations in and to the vehicle.” [ECF Nos. 21-2-5]. On the last page of the lease agreement, CCC entrusted the defendant with the “leasing and all rights and title to the vehicle”. Id. at 7. At the end of the lease, drivers have three options: renew it, buy the bike or return the bike to the dealer.
When they return the bike, they can start again, with a new lease for a new bike. It`s no wonder Wasmer is a Harley fan himself. Although he has sold his latest, he is on the market for a new one and plans to venture it. The claimant has demonstrated the existence of a binding contract between the parties in the form of a lease. . . .