Hire-Purchase Act

Link to law: http://www.moj.gov.jm/laws/hire-purchase-act-0

HIRE-PURCHASE

THE HIRE-PURCHASE ACT

REGULATIONS
(under section 38)

(Made by the Minister on the 25th day of September, 1974) L.N. 4 1 2 ~ 1 7 4
Amd:
L.N. 459174

[Ist October, 1974.1

1. These Regulations may be cited as the Hire-Purchase Regulations.
1974.

2. In these Regulations "vendor's bailiff" means any person who is
employed by a vendor-

(a) to serve any notice; or
(b) to collect any moneys; or
(4 to recover possession of any goods.

on the vendor's behalf pursuant to Part 111 of the Act.

3. The rate of interest payable by a purchaser in respect of any
insurance effected pursuant to section 21 of the Act shall be such rates
as does not exceed the prime lending rate of the commercial banks
by more than two per cent.

4. A notice of defadt shall be in the form specified as Form A in
the First Schedule. ~ i ~ t Schedule.

5. A notice of repossession shall be in the form specified as Form
B in the First Schedule.

6. Where, pursuant to section 24 of the Act, a vendor serves on a
purchaser a notice of default, he shall not serve a notice of reposses-
sion or seek to repossess the goods the subject of the notice before
the period specilied in the notice of default (which period shall be
not less than seven days) has elapsed.

7. Any person who-
(a) acts or represents or holds himself out as a vendor's bailiff

without obtaining a licence in accordance with the provisions
of these Regulations; or

lThc indusion of this page ia authorized by L.N. 4/19761

THE HIRE-PURCHASE REGULATIONS, 1974

(b) employs any person who is not duly licensed to act as a
vendor's bailiff; or

(c) being duly licensed, permits any other person to use his
licence.

shall be guilty of an offence and shall be liable on summary conviction
thereof before a Resident Magistrate to a fine not exceeding one
hundred dollars and, in default of payment, to imprisonment for a
term not exceeding three months.

8. Any person who desires a licence to act as a vendor's bailiff for
the purposes of the Act shall make an application for such licence
in the parish in which he resides and shall, not less than ten days
before a sitting of the Resident Magistrate's Court at which his
application is to be considered, deposit with the Collector, or Assistant
Collector, of Taxes of the parish the sum of two dollars, and obtain
from the Collector a receipt for the amount deposited, which receipt
shall be produced for the inspection of the Resident Magistrate when
he is considering the application.

9. Every applicant for a licence under these Regulations shall, not
less than ten days before a sitting of the Resident Magistrate's Court-

(a) deliver to the Clerk of the Courts an application written and
signed by himself for a licence to act as a vendor's bailiiT; and

(b) give notice of his intention to apply for such licence to the
Superintendent of Police for the parish in which his applica-
tion is made.

10. Every application made and notice given pursuant to regulation
9 shall contain the following information in respect of the applicant-

(a) his name, address, and occupation;
(b) whether any judgement has been obtained against him for

misapplying or not accounting for moneys which have come
into his hands;

(c) whether he has been convicted of larceny, embezzlement, re-
ceiving stolen property knowing it to have been stolen, or
of obtaining money or chattels by false pretences;

(d) whether he is an undischarged bankrupt;
(e) whether he has been convicted of any offence involving

violence; and

me inclusion of chir page is authorized by L.N. 4119761

THE HIRE-PURCHASE REGULATIONS, 1974

V) the time and place of the intended application.
and every application shall be accompanied by a recommendation in
writing from two Justices of the Peace of the parish and by a letter
in support of the application, signed by the vendor by whom he is
employed or, where the vendor is a limited liability company by a
responsible official of that company.

11.-(1) The Superintendent of Police of the parish in which the
applicant resides shall make enquiries whether the applicant is a pro-
per person to act as a vendor's bailiff and shall endorse on the notice
the result of his enquiries and shall forward the notice so endorsed
to the Clerk of the Courts to be laid before the Resident Magistrate
when he is considering the application.

(2) If the report is unfavourable to the applicant, the Police
Officer making such report shall attend the court at the time when
the Resident Magistrate is considering the application and shall afford
such information on oath as may be required of him.

12. The Resident Magistrate shall hear and deal with all applications
presented as aforesaid, and shall, after examining the applicant as to
the nature of his duties, and considering his fitness to be a vendor's
bailiff, in his discretion grant or refuse the application.

13. In every case where the Resident Magistrate grants the applica-
tion the Clerk of the Courts shall issue to the applicant a licence in the
form specified in the Second Schedule. Second

Schedule.

14. A licence shall, unless previously cancelled, continue in force
for one year from its date.

15. Where the Resident Magistrate refuses the application the Clerk
of the Courts shall give the applicant a certificate to that effect, and
the Collector, or Assistant Collector, of Taxes shall, on presentation
of that certificate, refund to the applicant the amount deposited by
the applicant

16. A list of all persons to whom licences are granted under these
Regulations shall be published annually in the Gazette.

17. I£ any licensed vendor's bailiff-
(a) is convicted of larceny, embezzlement, receiving stolen pro-

perty knowing it to have been stolen, or obtaining money
or chattels by false pretences; or

lfhe inclusion of thls pwc is authorized by L.N. 4/1976l

THE HIRE-PURCHASE REGULATIONS, 1974

(b) has judgement entered against him for misapplying or not
accounting for moneys; or

(c) is adjudicated bankrupt; or

(d) is convicted of any offence involving violence,
his licence shall be cancelled and he shall be disqualified from holding
a licence under these Regulations.

18. Any applicant for a licence who makes any false statement in
his application shall be guilty of an offence, and, on summary con-
viction thereof before a Resident Magistrate shall be liable to a h e
not exceeding one hundred dollars and, in default of payment, to
imprisonment for a term not exceeding three months.

19. Any vendor who employs a licensed vendor's bailiff shall provide
such bailiff with a card or other document signed by the vendor (or.
where the vendor is a limited liability company, by a responsible official
of such company) and showing-

(a) the name and address of the vendor; and

(b) the name and address of the vendor's bailiff.

20. Every licensed vendor's bailiff shall, at the time of serving any
notice, or recovering possession of any goods or collecting any moneys
on behalf of the vendor, show his licence and his card or other docu-
ment if called upon to do so.

21. A vendor or a vendor's bail8 shall not enter the premises of a
purchaser for the purpose of recovering possession of any goods except
between the hours of six o'clock in the morning and six o'clock in
the evening from Monday to Saturday (inclusive) in any week.

22. A licensed vendor's bailiff shall, at the time of recovering posses-
sion of any goods, take with him a copy of the notice of repossession
and shall show such notice to the purchaser and leave it with the
purchaser.

IThe inclusion of this page b authorized by L.N. 4119761

THE HIRE-PURCHASE REGULATIONS, 1974

FIRST SCHEDULE (Regulations 4 and 5 )

THE HIRE-PURCHASE ACT

Notice o f Default

.................................................................................................. Address :

Take notie that the sum of , being instalment(s)/
other sum(s) due and payable in respect of the purchase by you of a

pursuant to

Hire-Purchase 1
Conditional SaleJ Agreement between yourself and
has remained unpaid for a period of months.

This is to require you to make payment of the aforesaid sum within
days of the date hereof, in default of which the aforesaid

will be repossessed.

Dated this day of , 19

......................................................
for vendor

THE HIRE-PURCHASE ACT

Notice o f Repossession

To: .........................................................................................................
Address : ..................................................................................................

Hire-Purchase 1
Conditional Sale J Agreement dated.. ................................................ between

respect of a .............................................................................................
Notice of Default dated .......................................... sum unpaid S ...............
Take notice that the period of ...................................... days specified in the
abovementioned Notice of Default having expired without payment being

made, it is now the intention of ............................................................... to

repossess the aforesaid ..............................................................................
Dated this day of . 19 .

......................................................
Uor vendor)

Ilk inclusion of chir p.gc b uthorLcd by L.N. 4119761

THE HIRE-PURCHASE REGULATIONS, 1974

SECOND SCHEDULE (Regulation 13)

THE HIRE-PURCHASE ACT

Licence

No ............................................... Parish of ...............................................
This is to certify that at a sitting of the Resident Magistrate's Court for

................... the parish of ............................................................ held at
..... ........................ ........................ ............................. , on the.. .of.. ., 19.

Name.. ................................................... .address.. .....................................
was licensed to act as a vendor's bailiff for the purposes and provisions of
the Hire-Purchase Act and the Hire-Purchase Regulations, 1974.

Dated this day of , 19 .
Clerk of the Courts

for the parish of

lllu inclusion of this page is authorized by L.N. 4/197q
Read Entire Law on www.moj.gov.jm