Hire-Purchase Act 1959

Upon application made to the Magistrates Court by an owner who is entitled to take possession of any goods comprised in a hire‑purchase agreement or by any person acting on behalf of an owner, claiming that the hirer or any person acting on behalf of the hirer has refused or failed to deliver up possession of the goods on the service of a notice of demand made by the owner or by an agent of the owner authorised in that behalf, if it appears to the court hearing the case that the goods are being detained without just cause, the court may order the goods to be delivered up to the owner at or before a time, and at a place, to be specified in the order.

A person who fails or refuses to comply with an order made under this section commits an offence against this Act.

Where by reason of sickness, unemployment or other reasonable cause of a hirer that was not reasonably foreseeable by him at the time of entering into a hire‑purchase agreement, the hirer is temporarily unable to discharge his obligations under the agreement he may by an application in writing to the Commissioner, a copy whereof is served on the owner and every guarantor, claim relief against the consequences of breach of the agreement.

On an application to the Commissioner under this section, the Commissioner, after considering any submissions made by or on behalf of —

the hirer; and

the owner; and

guarantors,

Relief granted under this section may include a provision, where so requested at the time the application for relief is being considered by the Commissioner, authorising the owner, in lieu of recovering the payment of any sum (whether or not it is described in the agreement as interest) in respect of any amount due under the agreement but not paid, to make a deferral charge in relation to any period in respect of which relief is granted of an amount —

which is approved by, and specified in the order made by, the Commissioner; and

which does not exceed the additional amount that would have been payable under the agreement had the agreement been entered into for the period as extended by the relief granted together with any insurance payable in respect of a contract arising out of, and in relation to, the relief granted.

Where an owner makes a charge authorised by the Commissioner in respect of the deferral in accordance with this section of the payment of an amount payable under the agreement, a default charge is not payable to the owner by the hirer in respect of the amount deferred.

In granting relief under this section the Commissioner —

may extend the time for payment of any instalment or other amount under the agreement for a period of 3 months from the date of granting the relief or, in exceptional circumstances, for a period of 6 months from that date; and

where the hirer has committed any breach of the agreement may re‑instate him in the agreement subject to the terms and conditions upon which the relief is granted but otherwise in all respects as if no breach had occurred.

A grant or refusal of relief by the Commissioner under this section shall be by instrument in writing signed by him and served on the hirer, the owner, and every guarantor.

Subject to any order of the State Administrative Tribunal on an application under this section, a decision of the Commissioner under this section has effect according to its terms and, where relief is granted thereby, the hire‑purchase agreement and any contract of guarantee relating to it are by virtue of this section varied to the extent necessary and as so varied are binding on the parties thereto.

An owner, hirer, or guarantor, who is a party to a hire‑purchase agreement, or a contract of guarantee relating to it, in respect of which a decision has been given by the Commissioner under this section and who is aggrieved thereby, may apply to the State Administrative Tribunal for a review of the decision.