HC Deb 24 June 1964 vol 697 cc498-9
Mr. D. Price

I beg to move, in page 17, line 29, at the end to insert: and, in relation to any action to enforce a right to recover possession of the goods from the person in possession, section 10 of the principal Act shall apply as if any reference in that section to the hirer were a reference to the person in possession".

This Amendment applies to the case in which, after the death of the hirer, the owner is seeking to recover possession of the goods from the person in possession but, because one-third of the hire-purchase price has been paid, he can do so only by an action in the county court. It makes the provisions of Section 10 of the 1938 Act applicable in such cases. An action to recover goods can be maintained only against the person whose refusal to surrender them is not justified. The Amendment ensures that, although the person in possession may be justified in refusing to surrender the goods without a court order, an action to obtain such order may nevertheless be started.

I hope that the House will regard that as sufficient explanation. Nevertheless, I shall be happy to go into greater detail if required.

Amendment agreed to.

Mr. Price

I beg to move, in page 18, line 24, at the end to insert: (9) The preceding provisions of this section shall have effect in relation to sections 11 (1) and 12 (1) of the principal Act as modified by section 15 of that Act (which relates to successive hire-purchase agreements between the same parties) as those provisions have effect in relation to the said sections 11 (1) and 12 (1) apart from the said section 15. The purpose of this new subsection is to ensure that, once one-third of the hire-purchase price has been paid, a deceased hirer's estate shall have the protection against repossession of the goods which Sections 11 and 12 of the 1938 Act would have given to the hirer had he lived.

Section 15 of the 1938 Act deals with the situation when, after one-third of the hire-purchase price has been paid, a fresh hire-purchase agreement is made comprising the same goods. It ensures that, in this situation, protection against repossession will continue. The purpose of this Amendment is to make similar provision in the case to which the Clause applies, that is, when the hirer has died. In effect one can say that this is applying Section 15 of the 1938 Act to the death of the hirer.

Amendment agreed to.