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Hire Purchase was was first used in the 19th
Century as a means of enabling carriers to purchase wagons for use in their
business. Basically, it means exactly what its name suggests; a hiring of the
goods until a certain condition is met, when they become the property of the
hirer. This condition is usually the completion of all of the payments. The
advantage to the finance company is obvious, the property in the goods remains
theirs until the goods are paid for. Therefore the finance company has, at least
a partial security for their debt. In the 1950s and 1960s it acquired a bad
reputation. This was due to the way that some finance companies were dealing
with their customers. This lead to the first Hire Purchase Acts. These acts, in
the main, established two fundamental and far reaching legal principals:
1/ One one third of the total amount payable
has been paid, the finance company cannot recover the goods without the hirers
consent. Unless the finance company first obtains a Court Order.
2/ If an innocent "private buyer in good
faith" purchases the goods from the hirer, the finance company cannot take
those goods from the innocent purchaser. That is, the finance companies property
in those goods is lost. To meet those conditions the innocent buyer must:
A/ Be a genuine private buyer, that is not be
engaged in any way in the motor trade.
B/ Be ignorant of the fact that the person
from whom the goods was purchased was hiring them under a Hire Purchase
agreement.
These principals have remained intact up to
the present day. In the early 1970s the Hire Purchase Acts and Money Lenders
Acts where replaced by new piece of legislation, The Consumer Credit Act 1974.
The essential parts of the old Hire Purchase Acts remained intact, however there
was now a requirement for businesses engaged in the offering of credit to be
licenced.
In later years, civil procedures have been the
subject of two judicial reviews, the first instigated by the then Lord
Chancellor, the other (recent) following a report by Lord Woolfe. Although
neither of these has lead to any legislative changes, radical changes have been
made to the County Court system. The result of all this is that the system is
now much faster, slicker, and easier to use. Under the present system, anyone
running a finance company, would do well to consider undertaking their own legal
work.
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