Consumer hire agreements


0. Consumer hire agreements are agreements, other than hire-purchase agreements, for the hire of goods which are capable of subsisting for more then three months.

1. General rules of regulated agreements
a) Certain information prescribed by the Secretary of State must be disclosed by the creditor/owner to the debtor/hirer before the agreement is made.
b) Where an agreement is only at the prospective stage either party may withdraw by giving notice.
c) A regulated agreement will not be properly executed unless it is:
aa) made in prescribed form
bb) signed by both parties or their agents
cc) readily legible.
An improperly executed agreement can only by enforced by court order.
d) Regulated agreements are cancellable upon the giving of written notice within a defined period if they emerged from oral representations. Agreements secured on land and agreements which are signed by the debtor/hirer at the creditor/owner's premises are not cancellable.

2. The Hire Purchase Act 1964 extends to hire-purchase and conditional sale transactions similar protection to an innocent purchaser from a dishonest hirer or conditional sale purchaser.
A hirer who disposes of a motor vehicle to a private purchaser may give a good title to the purchaser, provided that the latter takes in good faith and without notice of the hire-purchase agreement.

3. Creditor's liability
The creditor may be held liable by the debtor in respect of any claim against the supplier (dealer) in respect of the latter's breach of condition, express or implied, or misrepresentation. The creditor has, however, a right to be indemnified by the supplier. Further, the supplier is deemed by law to be the agent of the creditor for a number of purposes: i.e. receipt of notice of cancellation.

4. Licensing of credit and hire business
Consumer credit and consumer hire businesses which deal in regulated transactions must be licensed.