Procedure for and on repossessing goods
13 Procedure for and on repossessing goods
Subject to this section, an owner shall not exercise any power of taking possession of goods comprised in a hire‑purchase agreement arising out of any breach of the agreement relating to the payment of instalments until he has served on the hirer and every guarantor a notice, in writing, in the form of the Third Schedule and the period fixed by the notice (being not less than 7 days after the service of the notice) has expired.
An owner is not obliged to comply with section 12A or subsection (1) of this section if there are reasonable grounds for believing that the goods comprised in the hire‑purchase agreement will be removed or concealed by the hirer contrary to the provisions of the agreement, but the onus of proving the existence of those grounds lies upon the owner.
Within 21 days after the owner has taken possession of goods that were comprised in a hire‑purchase agreement he shall serve on the hirer and every guarantor a notice, in writing, in the form of the Fourth Schedule.
If the notice required by subsection (3) is not served, the rights of the owner under the hire‑purchase agreement cease and determine, but, if the hirer exercises his rights under this Act to recover the goods so taken possession of, the agreement has the same force and effect in relation to the rights and liabilities of the owner and the hirer as it would have had if the notices had been duly given.
[Section 13 amended: No. 107 of 1973 s. 12.]
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