Protection of Motor Vehicle Buyers under Hire-Purchase and Conditional Sale Agreements, Study notes of Finance

Download Protection of Motor Vehicle Buyers under Hire-Purchase and Conditional Sale Agreements and more Study notes Finance in PDF only on Docsity!     Hire-Purchase Act 1964 Chapter 53 Part III Title to Motor Vehicles on Hire-Purchase or Conditional Sale 27 Protection of purchasers of motor vehicles (1) This section applies where a motor vehicle has been bailed under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person. (2) Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith, without notice of the hire- purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition. (3) Where the person to whom the disposition referred to in subsection (1) above is made (the “original purchaser”) is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (the “first private purchaser”) is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser. (4) Where, in a case within subsection (3) above— (a) the disposition by which the first private purchaser becomes a purchaser of the motor vehicle in good faith without notice of the relevant agreement is itself a bailment or hiring under a hire-purchase agreement; and (b) the person who is the creditor in relation to that agreement disposes of the vehicle to the first private purchaser, or a person claiming under him, by transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf, the disposition referred to in paragraph (b) above (whether or not the person to whom it is made is a purchaser in good faith without notice of the relevant agreement) shall as well as the disposition referred to in paragraph (a) above, have effect as mentioned in subsection (3) above. (5) The preceding provisions of this section apply— (a) notwithstanding anything in section 21 of the Sale of Goods Act 1979 (sale of goods by a person not the owner); but     (b) without prejudice to the provisions of the Factors Act (as defined by section 61(1) of the said Act of 1979) or of any other enactment enabling the apparent owner of goods to dispose of them as if he were the true owner. (6) Nothing in this section shall exonerate the debtor from any liability (whether criminal or civil) to which he would be subject apart from this section; and, in a case where the debtor disposes of the motor vehicle to a trade or finance purchaser, nothing in this section shall exonerate— (a) that trade or finance purchaser; or (b) any other trade or finance purchaser who becomes a purchaser of the vehicle and is not a person claiming under the first private purchaser, from any liability (whether criminal or civil) to which he would be subject apart from this section. 28 Presumptions relating to dealings with motor vehicles (1) Where in any proceedings relating to a motor vehicle it is proved— (a) that the vehicle was bailed under a hire-purchase agreement, or was agreed to be sold under a conditional sale agreement; and (b) that a person (whether a party to the proceedings or not) became a private purchaser of the vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”), this section shall have effect for the purposes of the operation of section 27 of this Act in relation to those proceedings. (2) It shall be presumed for those purposes, unless the contrary is proved, that the disposition of the vehicle to the person referred to in subsection (1)(b) above (the “relevant purchaser”) was made by the debtor. (3) If it is proved that that disposition was not made by the debtor, then it shall be presumed for those purposes, unless the contrary is proved— (a) that the debtor disposed of the vehicle to a private purchaser purchasing in good faith without notice of the relevant agreement; and (b) that the relevant purchaser is or was a person claiming under the person to whom the debtor so disposed of the vehicle. (4) If it is proved that the disposition of the vehicle to the relevant purchaser was not made by the debtor, and that the person to whom the debtor disposed of the vehicle (the “original purchaser”) was a trade or finance purchaser, then it shall be presumed for those purposes, unless the contrary is proved— (a) that the person who, after the disposition of the vehicle to the original purchaser, first became a private purchaser of the vehicle was a purchaser in good faith without notice of the relevant agreement; and