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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 23

Requirements relating to contracts of guarantee.

23.(1) Where a contract of guarantee relating to a hire-purchase agreement, a
credit-sale agreement or a conditional sale agreement is for the time being in
force, and the final payment under that agreement has not been made, any
person entitled to enforce the contract of guarantee against the guarantor
shall, within four days after he has received a request in writing from the
guarantor, and the guarantor has tendered to him the sum of [13p] for
expenses, supply to the guarantor the documents specified in subsection (2).

(2) The documents referred to in subsection (1) are

(a)a copy of the hire-purchase agreement, credit-sale agreement or
conditional sale agreement, or, in the case of a credit-sale agreement under
which the total purchase price does not exceed #30, a copy of any note or
memorandum of the agreement; and

(b)a copy of a note or memorandum of the contract of guarantee; and

(c)a statement signed by, or by the agent of, the persons to whom the request
in writing referred to in subsection (1) is made, showing the matters
specified in paragraphs (a) to (c) of section 21(1).

(3) In the event of a failure without reasonable cause to comply with
subsection (1), then, while the default continues,

(a)no person shall be entitled to enforce the contract of guarantee against
the guarantor, and

(b)no security given by the guarantor in respect of money payable under that
contract shall be enforceable against the guarantor by any holder of that
security,

(4) If a copy supplied to a guarantor in pursuance of a request made by him
under this section does not comply with such requirements of any regulations
made under section 32 as relate thereto, subsection (3) shall apply as if that
copy had not been supplied to him.

(5) Section 2(4) applies to this section.


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© 1966 Crown Copyright

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