Repossession Flashcards
Section 16(1) of the HPA provides the…
right of the owner to repossess goods and situation when this right arises.
What Section is used to apply for an order from the court to repossess?
Section 16(1)(1A) of the HPA.
Under Section 16(1)(1B), after an order is obtained…
a Fourth Schedule notice must be served to the hirer to give notice that if payment is not made within 21 days, the owner will repossess the goods.
The Fourth Schedule notice must be served by way of…
- Personal service
- Registered post
In Affin Finance v Vasantha Gobi Govindasamy, the court…
ruled in favour of the owner because the repossession took place 21 days after the service of the Fourth Schedule.
The repossession was wrongful because the Fourth Schedule was served after the repossession in the case of…
Koh Siak Poo v Med Bumikar Mara.
However, Section 16(2) of the HPA states that…
the Fourth Schedule notice may be dispensed if there is reasonable grounds to believe that hirer will conceal the goods.
Section 16A of the HPA provides that…
the hirer shall not be liable for any costs if he voluntarily returns the goods.
When an owner is proceeding with repossession, they must serve the notice under…
Rule 3, Hire Purchase (Recovery of Possession and Maintenance of Records by Owners) Regulation 1976.
Section 17A(1) states that…
no person shall repossess goods under a HPA without a written permit.
The owner must serve the hirer a Fifth Schedule notice within 21 days after repossession under…
Section 16(3) of the HPA.
The hirer may request for owner to redeliver the goods under Section 18(1)(a)(i) if he has…
- made payment
- remedied any breach of the HPA
- paid the expenses incurred in remedying the breach
If proceeds from the sale of the goods are not enough to cover the debt, the owner may…
shall proceed against the hirer personally through a civil suit to recover such sum.
