HL Deb 05 July 1938 vol 110 cc564-6

Right of Hirer to terminate Agreement.

2. He must then arrange for the return of the goods, and must also pay any instalments which are in arrear at the time when he gives notice. If, when he has paid those instalments, the total amount which he has paid under the agreement is less than one-half of the hire-purchase price he must also pay enough to make up that sum.

Restriction of Owner's right to recover Goods.

1. After one-third of the hire-purchase price has been paid the owner of the goods cannot take them back from the hirer without the hirer's consent unless the owner obtains an order of the Court.

2. If the owner applies to the Court for such an order the Court may if the Court thinks it just to do so allow the hirer to keep either—

  1. (a) the whole of the goods, on condition that the hirer pays the balance of the price in the manner ordered by the Court; or
  2. (b) a fair proportion of the goods having regard to what the hirer has already paid.

LORD AMULREE moved in paragraph 2 of the Notice "Right of hirer to terminate agreement," to leave out "one-half of the hire-purchase price" and insert "(here insert the minimum amount which the hirer is required to pay in accordance with the provisions of Sections four and fourteen of this Act)." The noble Lord said: Having regard to the provision which has been made in regard to installation charges, it is necessary to put in this Amendment. I beg to move.

Amendment moved— Page 14, line 12, leave out from ("than") to ("he") in line 13, and insert the said new words.—(Lord Amulree.)

On Question, Amendment agreed to.

LORD AMULREE had given Notice of two Amendments in the paragraphs headed "Restriction of owner's right to recover goods''—namely, in paragraph 1, to leave out "After one-third of the hire-purchase price has been paid" and insert: 1. *[After (hem insert an amount calculated in accordance with the provisions of Sections ten and fourteen of this Act) has been paid, then,] unless the hirer has himself put an end to the agreement. and, at the end of paragraph 2, to insert: *If the agreement is a 'further agreement' within the meaning of Section twelve of this Act, the words in square brackets should be omitted.

The noble Lord said: The same observation applies here and I beg to move.

Amendments moved—

Page 14, leave out line 24 and insert— ("1.*[After (here insert an amount calculated in accordance with the provisions of Sections ten and fourteen of this Act) has been paid, then,] unless the hirer has himself put an end to the agreement")

Page 14, leave out line 35, at end insert— ("*If the agreement is a 'further agreement' within the meaning of Section twelve of this Act, the words in square brackets should be omitted.").—(Lord Amulree.)

On Question, Amendments agreed to.

Schedule, as amended, agreed to.