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5.(1) Where goods are let under a hire-purchase agreement, or are sold, or agreed to be sold, under a credit-sale agreement or a conditional sale agreement, then (subject to the exercise of any power of the court under section 10) the owner or seller shall not be entitled to enforce the agreement unless (a)the agreement is signed by the hirer or buyer, and by or on behalf of all other parties to the agreement, and (b)the requirements of sections 6 and 7, and the requirements of section 8 or (as the case may be) section 9, are complied with. (2) Where by virtue of subsection (1) the owner or seller is not entitled to enforce an agreement (a)he shall not be entitled to enforce any contract of guarantee relating to that agreement; (b)no security given by the hirer or buyer in respect of money payable under the agreement, or given by a guarantor in respect of money payable under a contract of guarantee relating to the agreement, shall be enforceable against the hirer or buyer or against the guarantor, as the case may be, by the holder of such a security; and (c)if it is a hire-purchase agreement or a conditional sale agreement, the owner or seller shall not be entitled to enforce any right to recover the goods from the hirer or buyer.
© 1966 Crown Copyright
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