Consumer Credit Act, 1995
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Powers of court in actions for recovery of possession of goods. |
66.—(1) Where legal proceedings by virtue of section 64 have been commenced the owner shall not enforce or attempt to enforce payment other than in those proceedings or any negotiations connected with those proceedings. | |
(2) Pending the hearing of an action, or any settlement, in relation to such proceedings the court may, on the application of the owner, make such order as it thinks fit for the protection of the goods. | ||
(3) On hearing the action, the court may, without prejudice to any other power— | ||
(a) order the delivery of the goods to the owner, | ||
(b) order such delivery but postpone its operation subject to such conditions as the court thinks fit, or | ||
(c) order— | ||
(i) the transfer to the hirer of title to part of the goods, and | ||
(ii) delivery of the remainder to the owner, subject to such conditions as the court thinks fit. | ||
(4) Where the operation of an order is postponed under subsection (3) (b) the agreement shall continue to operate except that— | ||
(a) no further sum shall become payable on account of the unpaid balance except as provided for in the order, and | ||
(b) the court may modify the terms of the agreement as it thinks fit. | ||
(5) Where an owner has recovered a part of the goods let under a hire-purchase agreement, and the recovery was effected in contravention of section 64 , the provisions of this section shall not apply in relation to any action by the owner to recover the goods. |