asked the Minister for Industry and Commerce if, having regard to the practice operated by hire-purchase financiers and their agents whereby persons purchasing goods by hire-purchase are obliged to sign agreements acknowledging receipt of the goods in good order before they are actually delivered, he will introduce legislation to stop this practice.
Ceisteanna—Questions. Oral Answers. - Hire-Purchase Transactions.
33.
Mr. Ryan
I would refer the Deputy to section 9 of the Hire-Purchase Act, 1946, which prescribes the conditions and warranties to be implied in hire-purchase agreements. I am satisfied that those provisions afford adequate protection to persons purchasing articles on the hire-purchase system, and I have received no complaint to the contrary.
Mr. Ryan
Surely the Minister, in his ministerial and other capacities, must be aware that it is an irregular practice for persons selling goods under hire purchase to refuse to deliver the goods until they are in possession of a document which states that the goods have already been received in good order and condition? Would the Minister consider whether perhaps it should be made a criminal offence to require a receipt of that kind to be furnished before the goods are delivered?
Any practice of that nature is contrary to section 9 to which I have referred. I am sure the Deputy is familiar with the section, which provides for implied warranties as far as delivery of the goods is concerned, possession of the goods, and quiet enjoyment of the goods, and anything that offends against that section is capable of being sued upon by the person hiring the goods.
Mr. Ryan
Is the Minister not aware that any person signing such a hire-purchase form is estopped from saying thereafter that he did not have possession of the goods at the time the hire-purchase contract was signed?
One cannot contract out of section 9.
Mr. Ryan
I am afraid it is done every other day.
34.
Mr. Ryan
asked the Minister for Industry and Commerce if, having regard to the growth of unsound hire-purchase and other contractual credit transactions entered into by persons in their homes at the behest of door-to-door salesmen, he will introduce legislation to permit persons who enter into such contracts to avoid them for a period of a fortnight after the date of first signature.
I have no evidence that there has been a growth of unsound hire-purchase and other contractual credit transactions entered into through the medium of door-to-door sales, and I do not consider, therefore, that protective legislation of the nature suggested by the Deputy is required at the present time.
Mr. Ryan
Would the Minister recall that, when the last Bill was discussed here, he stated that he was aware there was ground for such a provision and is he aware that, in a neighbouring country, it is now proposed to provide for a period to allow people to opt out of hire-purchase contracts which are, in many cases, the result of pressure selling and are not satisfying the genuine needs of the people who sign them?
I am aware of the recommendation of the committee set up specially to investigate hire-purchase transactions in Britain and that the decision taken there was that there should be a period within which the hirer of the equipment could opt out of his obligation. I am keeping the situation here under observation. So far, we have no evidence that action on the lines suggested is necessary but, if there is sufficient evidence, I can assure the Deputy suitable action will be taken to remedy whatever situation will arise.