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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 44

44.(1) Where the owner has brought an action to which section 35 applies, and
the court has made an order under subsection (4)(a) or (b) of that section (in
this section referred to as "the previous order"), then if

(a)the owner (whether the operation of the previous order was postponed or
not) has recovered possession of all the goods, or

(b)where the operation of the previous order was postponed, the court revokes
the postponement,

(2) This section applies to any claim

(a)for the payment of one or more instalments which had accrued due under the
agreement before the action was brought, or

(b)for the payment of any sum for which the agreement makes provision as
mentioned in section 43(1) and which had become payable before the action was
brought.

(3) Where in pursuance of subsection (1) the owner proposes to make or proceed
with a claim as therein mentioned, that claim shall (whether the operation of
the previous order was postponed or not) be made or proceeded with in the
action in which the previous order was made, and, if the owner has recovered
possession of all the goods, may, notwithstanding anything in section 43(3),
be so made or proceeded with at any time after he has recovered possession of
them.

(4) In determining a claim to which this section applies the court may treat
any sum paid in pursuance of an order under section 35(4)(b) as a payment made
(wholly or partly) in respect of any instalment or sum to which the claim
relates.

Money claim after order for specific delivery of goods.

© 1966 Crown Copyright

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