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Defective Goods, Hire purchase, Regulated Consumer Credit Agreements

Hire Purchase

HIRE PURCHASE

Whether or not the hire-purchase agreement is a regulated agreement, by virtue of sections 8 to 11 of the Supply of Goods (Implied Terms) Act 1973 as redrafted by the Consumer Credit Act 1974 and Sale and Supply of Goods Act 1994, the consumer rights with regard to defective goods are identical to those in the Sale of Goods Act 1979.

As to whom the hire-purchaser can sue in case of defective goods the answer is that as s.56 and s.75 apply the hire-purchaser will generally be able to go after either or both the supplier of the goods and/or the creditor providing that:

  • the hire purchase agreement is a regulated non-exempt agreement, and
  • the limitations in s.75(3) do not apply.

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