Consumer Credit Act 1995

F101[Right to remedies under sections 73J and 73K

73I

73I.(1) Where goods are not in conformity with the hire-purchase agreement at the relevant time, the hirer shall have the following rights—

(a) the right to exercise the short-term right to terminate the agreement in accordance with section 73J, and

(b) subject to subsections (2) and (3), the right to have the goods brought into conformity with the agreement through repair or replacement in accordance with section 73K.

(2) The hirer may choose between the remedies of repair and replacement of the goods unless the remedy chosen by the hirer—

(a) would be impossible for the owner to carry out, or

(b) compared to the alternative remedy, would impose disproportionate costs on the owner, taking all the circumstances into account, including—

(i) the value that the goods would have if there were no lack of conformity,

(ii) the significance of the lack of conformity, and

(iii) whether the alternative remedy could be provided without significant inconvenience to the hirer.

(3) The owner may refuse to bring the goods into conformity with the hire-purchase agreement if both repair and replacement—

(a) are impossible for the owner to carry out, or

(b) compared to the alternative remedy, would impose disproportionate costs on the owner, taking all the circumstances into account, including those specified in subsection (2)(b)(i) and (ii).

(4) In this section, "relevant time" has the same meaning as it has in section 73A.]

Annotations:

Amendments:

F101

Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 150(1), S.I. No. 596 of 2022, subject to transitional provision in subs. (2).