HC Deb 22 June 1937 vol 325 cc1015-7
61. Mr. Johnston

asked the Lord Advocate whether his attention has been called to the case in which the Hackney Furnishing Company, Limited, of Mare Street, London, supplied furniture on the instalment system to a Mr. William Cherry, of Kilsyth, Stirlingshire; whether he is aware that the original value of the furniture was£27 of which Mr. Cherry has repaid £25 4s.; that the furniture has been returned by arrestment, and that a messenger-at-arms has intimated that Mr. Cherry is still due to repay£18; and whether he can take any steps to limit the charges imposed upon poor people who are compelled to delay their furniture payments under this instalment payment system?

The Solicitor-General for Scotland (Mr. J. S. Reid)

My right hon. Friend finds on inquiry that the contract was a hire-purchase contract for goods valued at£27, and it was not therefore affected by the Hire Purchase and Small Debt (Scotland) Act, 1932. The payments fell into arrears when about£18 had been paid, and an action for redelivery of the furniture and payment of the balance due was raised by the company against Mr. Cherry in April, 1936. The writ, the charge which followed, and various letters addressed to Mr. Cherry were all concealed from him by his wife, and in February, 1937, as the orders of the court had been ignored, a warrant for the arrest of Mr. Cherry was put into execution, whereupon the furniture was returned. I understand that the balance still due, inclusive of legal expenses, is about£10. The exceptional features of this case are due to the action of Mr. Cherry's wife in concealing the documents from him, and my right hon. Friend has no power to intervene in the matter.

Mr. Johnston

Is the hon. and learned Gentleman aware, from the documents which I sent to the Lord Advocate, that the figures stated here are substantially correct, and if that be so is he satisfied that extortionate legal charges have not been imposed upon these poor people by the messenger-at-arms interested in this case?

The Solicitor-General for Scotland

I have had the opportunity of seeing these figures. The question of accounting is a very difficult one, because there are cross-payments at short intervals; but with regard to the conduct of the messenger-at-arms, I should certainly like notice of that point.

Mr. Johnston

Is the hon. and learned Gentleman not aware that I personally sent these papers about three weeks ago to give the legal department time to see them and check the figures, and is it reasonable that they should ask for a further opportunity?

The Solicitor-General for Scotland

So far as this matter is concerned I have already stated that my right hon. Friend has no power to deal with it. If there is any separate point with regard to the conduct of the messenger-at-arms, I should like notice of that question.

Mr. Logan

Will the hon. and learned Gentleman see whether the original agreement has been broken if a lesser amount has been paid monthly? If that is so, has not the contract been broken, and is it not illegal to take the goods back? I want an answer to that question. I am asking the hon. and learned Gentleman to see whether the original contract has been broken, my contention being that the hire agreement has been broken, that it is invalidated, and that therefore it is an illegal arrest of goods.

The Solicitor-General for Scotland

That appears to raise a question of civil right in which the Lord Advocate has no power to intervene.

Mr. Gallacher

If they take the furniture back they should return the money.