Clause 5

A hire-purchase agreement that is not in writing shall not be enforceable by the owner.

An owner shall not be entitled to enforce a hire-purchase agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the hire-purchase agreement or given by a guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless the requirements set out in paragraphs (b), (c), (d) and (e) of subsection (3) of section 3 and of section 4 of this Act have been complied with.

Notwithstanding the provisions of subsection (2) of this section where the court is satisfied that a failure to comply with any of the requirements set out in sections 3 and 4 of this Act has not prejudiced the hirer, and that it would be just and equitable to dispense with such of the requirements, the court may, subject to any conditions that it thinks fit to impose, dispense with those requirements for the purpose of the action.