Revised Laws of Saint Lucia (2021)

24.   Defaults in payments

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    (1)   Where a hirer fails to pay any installment of the hire-purchase price which is then due, the owner may attempt to collect the unpaid sums or employ the services of a debt collector to do so.

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    (2)   An owner or debt collector employed pursuant to subsection (1) shall in attempting to collect the unpaid sum—

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      (a)     identify himself or herself to the hirer;

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      (b)     state to the hirer –

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        (i)     the number of the installments and the total sum which the hirer has failed to pay,

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        (ii)     the name of the owner on whose behalf he or she is acting,

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        (iii)     that he or she has 30 days within which to dispute the validity of the default,

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        (iv)     that if within the 30 day period the hirer disputes the default he or she will obtain verification of the default and a copy of the verification will be mailed to the hirer by the debt collector.

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    (3)   Where the hirer notifies the owner or debt collector within the 30 day period that the default is disputed the debt collector shall cease collection of the sum of money until the owner or debt collector obtains verification and a copy of such verification is mailed to the hirer by the owner or debt collector.

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    (4)   An owner or debt collector shall not—

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      (a)     use or threaten to use violence or other criminal means to harm the physical person, reputation or property of any person;

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      (b)     use obscene or profane language the natural consequence of which is to abuse the hearer or reader;

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      (c)     use any false representation or deceptive means to collect or attempt to collect the unpaid sum or to obtain information concerning a hirer;

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      (d)     threaten to take any action that cannot legally be taken or that is not intended to be taken;

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      (e)     communicate or threaten to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that an unpaid sum is disputed;

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      (f)     collect any amount that is not expressly authorized by the agreement;

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      (g)     collect any money during the hours of 7p.m. and 7a.m.

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    (5)   If a hirer owes on more than one hire-purchase agreement and he or she makes any single payment to an owner or debt collector with respect to such hire-purchase agreements, the owner or debt collector may not apply such payment to any default which is disputed by the hirer and, where applicable, shall apply such payment in accordance with the hirer's direction.