High-handed Treatment

8th November 1957, Page 78

8th November 1957

Page 78

Page 78, 8th November 1957 — High-handed Treatment

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THERE may be variations in the law pertaining to hire-purchase as between England and Scotland. Certainly, at least some Scottish agreements vary in their phraseology, as compared with that used in England. It may be that this has led to an unusually highhanded procedure which a hirer has brought to the notice of this journal. In April, 1956, he paid as deposit on the hire-purchase of a coach, half the agreed price; whilst to the remainder was added a "financing charge" of £50. This balance was to be paid in 18 monthly instalments, but the hirer was able to pay off the amount, with the exception of the £50, in seven months.

The hiring period finished in March this year, and he then received one or two requests by telephone to settle the financing charge. In September he wrote to the Scottish trust asking for a reduction, but had no reply.

However, late in October he received a visit from their representative, who agreed to put the matter before his head office for attention.

A few days later, while the coach operator, whose premises are in England, was away, three men arrived there and seized the coach, despite the protests of his wife. This action was followed by a letter from the hire-purchase concern saying that they were now obtaining offers for the vehicle, but were prepared to give him the opportunity of purchasing it for £58 (this including a fee for collecting and returning it) and saying that the offer would remain open until October 26, failing which the vehicle would be sold. Under this threat the hirer paid up.

The whole procedure seems to have been most unsavoury, for surely the hirer was, in equity, entitled to some remission of the cost of the hiring facility, although his method of payment was unorthodox.

High-handed Treatment

Page 78

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