Hire-purchase agreement not enforceable unless requirement of section 4 complied with and the agreement put in writing

(1) An owner shall not be entitled to enforce a hire-purchase agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the hire- purchase agreement or given by a guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless the requirement specified in section 4 of this section has been complied with, and a note or memorandum containing unless (a) a statement of the hire-purchase price and of the cash price of the goods to which the agreement relates and of the amount of each instalment by which the hire-purchase price is to be paid and of the date, or the mode of determining the date upon which each instalment is payable; (b) a list of the goods to which the agreement relates sufficiently to identify them; and (c) a notice, which is at least as prominent as the rest of the contents of the note or memorandum, in the terms prescribed in the Schedule, is made and signed by the hirer and by or on behalf of all other parties to the agreement. (2) A copy of the note or memorandum shall be delivered or sent to the hirer within seven days of the making of the (3) If the court is satisfied in any action that a failure to comply with the requirement specified in section 4 of this Act or in this section has not prejudiced the hirer, and that it would be just and equitable to dispense with the requirement, the 9 court may, subject to any conditions that it thinks fit to impose, dispense with that requirement for the purposes of that action. relating to credit- sale agreements.