Hire-Purchase Act 1969 · 2020 Revised Edition · Part 2 · Form and Contents of Regulated Agreements
5. Regulated agreements which are not enforceable
Feedback & supportA regulated agreement that is not in writing shall not be enforceable by the owner.
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;
An owner shall not be entitled to enforce a regulated agreement or any contract of guarantee relating to a regulated agreement or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the regulated agreement or given by a guarantor in respect of money payable under such a contract of guarantee shall be enforceable against the hirer or guarantor by any holder of the security, unless the requirements set out in sections 3(3)(b) to (e) and 4 have been complied with.
owner
“owner” means a person by whom goods are bailed to a hirer under a hire‑purchase agreement or a conditional sale agreement and includes a person whom the owner’s rights or liabilities under the agreement have passed by assignment or by operation of law;
Notwithstanding subsection (2), where the court is satisfied that —
a failure to comply with any of the requirements set out in sections 3 and 4 has not prejudiced the hirer; and
it would be just and equitable to dispense with such of the requirements mentioned in paragraph (a),the court may, subject to any conditions that it thinks fit to impose, dispense with those requirements for the purpose of the action.