High Court refuses to enforce terms of hire-purchase agreement for Porsche motor car, on the grounds that the agreement is defective and does not comply with relevant legislative provisions; but, in light of the fact that the defendant has enjoyed considerable use of the car without paying installments, the court invites the parties to make submissions as to whether and how it should exercise its legislative power to modify the agreement.
Consumer hire-purchase agreement for car which plaintiff seeks to enforce - seeks return of car and payment of outstanding balance - rights of parties depend on separate agreements entered into by defendant and defendant's wife - defendant's wife entered into hire purchase agreement with plaintiff for Porsche in September 2007 - total original "cash price" of vehicle €216,000 - total finance provided €130,000 - repayable by 60 monthly installments - defendant took over payments in January 2009 - ceased payments in October 2009 - in February 2010, defendant signed new hire-purchase agreement for car - defendant believed he was signing agreement assigning his wife's existing interest to him - wife signed letter of consent agreeing to assign her rights and obligations - "half price" on original hire-purchase agreement already surpassed at time of new agreement - "cash price" of new agreement stated to be €87,274.62 - whether defendant entered into new hire-purchase agreement or assignment - whether new agreement in compliance with ss. 58 and 59 of the Consumer Credit Act 1995 - whether any fresh consideration pursuant to new hire-purchase agreement - Court finds that new "cash price" not in compliance with relevant provisions of Consumer Credit Act - that defendant was misled as to his rights - at time of new agreement, defendant could have availed of "half rule" whereby he would have been able to return the car and relieve himself of further liability - failure to comply with terms of Consumer Credit Act deliberate - reliefs sought by plaintiff refused - defendant has enjoyed considerable use of the car without paying installments - submissions invited as to whether and how court should exercise its power to modify the agreement under s. 66 of Consumer Credit Act.