Hire-Purchase Act 1969 · 2020 Revised Edition · Part 7 · General
29. Limitation on terms charges
Feedback & supportThe terms charges in relation to a regulated agreement shall not exceed such amount as may be prescribed in respect of any goods or class of goods.
regulated agreement
“regulated agreement” means a hire-purchase agreement or a conditional sale agreement which relates to the goods specified in the First Schedule, but does not include any agreement in which the hirer is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement;
Where a regulated agreement is entered into in contravention of this section, the hirer may, by notice in writing to the owner signed by the hirer or the hirer’s agent, elect either to treat the agreement as void or to have his liability reduced by the amount included in the agreement for terms charges.
hirer
“hirer” means the person who takes or has taken goods from an owner under a hire‑purchase agreement or a conditional sale agreement and includes a person to whom the hirer’s rights or liabilities under the agreement have passed by assignment or by operation of law;
Where the hirer elects to treat the regulated agreement as void, the agreement shall be void, and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement shall be recoverable by action as a debt due to him by the owner.
Where the hirer elects to have his liability reduced by the amount included in the agreement for terms charges, his liability shall be reduced by that amount and that amount may be set‑off by the hirer against the amount that would otherwise be due under the agreement and, to the extent to which it is not so set‑off, may be recovered by action by the hirer as a debt due to him by the owner.