Hirer entitled to copy of agreement and statement of amounts paid, overdue and to be paid
7 Hirer entitled to copy of agreement and statement of amounts paid, overdue and to be paid
At any time before the final payment has been made under a hire‑purchase agreement the owner shall, within 14 days after he has received a request, whether in writing or otherwise, from the hirer or a guarantor, send to him a copy of the agreement, together with a statement in writing signed by the owner or his agent showing —
each amount received under the agreement by the owner and the date on which it was received; and
each amount due under the agreement and payable to the owner that has not been received by the owner and the date on which it became due; and
each amount payable under the agreement to the owner that has not become due and the date on which it becomes due,
but an owner is not obliged to comply with the request if he has sent the hirer or guarantor, as the case may be, a copy of the agreement and such a statement within the period of 3 months immediately preceding the receipt of the request.
If an owner contravenes subsection (1) by failing to comply with a request made pursuant to that subsection he commits an offence against this Act and is liable to a penalty of $500 and, until the default is remedied —
the owner is not entitled to enforce —
the agreement against the hirer; or
any right to recover the goods from the hirer; or
any contract of guarantee relating to the agreement;
and
any security given by the hirer in respect of money payable under the agreement or given by a guarantor is not enforceable against the hirer or the guarantor by any holder thereof.
[Section 7 amended: No. 107 of 1973 s. 7; No. 37 of 1980 s. 5.]
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