Revised Laws of Saint Lucia (2021)

60.   Reopening of transactions

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    (1)   In any proceedings under this Act where it appears to the Court that the—

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      (a)     interest directly or indirectly charged or included in the amounts payable under the agreement is excessive;

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      (b)     amounts charged for insurance, maintenance, repairs, expenses, inquiries, premiums, renewals or any other charges are excessive;

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      (c)     agreement or any term of the agreement is harsh or unconscionable; or

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      (d)     powers conferred by the agreement or this Act are harsh and unconscionable,

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    the Court may reopen the transaction.

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    (2)   The Court in reopening any transaction pursuant to subsection (1) may, notwithstanding any statement or settlement of accounts or any agreement purporting to close previous dealings and create a new obligation—

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      (a)     reopen any account already taken between the parties;

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      (b)     relieve the consumer and any guarantor from payment of any sum in excess of such sum in respect of the cash price, the cost of credit, and other charges as the Court, having regard to the risk and all the other circumstances, adjudges to be fairly and reasonably payable;

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      (c)     grant to the consumer or to any guarantor relief by way of restitution, compensation, variation of the agreement or otherwise as the Court in its discretion thinks just;

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      (d)     set aside, either wholly or in part, or revise or alter any agreement made or security given in connection with the transactions;

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      (e)     give judgment for any party for such amounts as having regard to the relief, if any, which the Court thinks fit to grant or is justly due to that party;

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      (f)     if it thinks fit, give judgment against any party for delivery of all or part of the goods, if they are in his or her possession; and

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      (g)     make such other order as justice requires.

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    (3)   Where it appears to the Court that any person other than the seller or owner has shared in the profits of or has any beneficial interest, prospectively or otherwise, in a transaction in respect of which the Court may exercise any of its powers under subsection (1) or (2), the Court may—

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      (a)     add that person as a party to the case; and

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      (b)     give judgment against that person for such amount as it thinks fit or for the delivery of all or part of the goods if they are in the possession of that person;

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      (c)     may make such order in respect of that person as it thinks fit.

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    (4)   Subject to subsection (6), proceedings may be instituted in the Court by the consumer or any guarantor under an agreement for the purpose of obtaining relief under this section.

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    (5)   For the purposes of this section the Court—

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      (a)     shall have and may exercise any of its powers conferred on it by this section notwithstanding that the time for payment of any of the amounts payable under the agreement may not have arrived;

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      (b)     may receive evidence of commercial practice in the agreements relating to goods of the same kind or the same value.

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    (6)   A consumer or guarantor under an agreement is not entitled to institute proceedings under this section—

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      (a)     in any case where the owner has taken possession of the goods comprised in the hire-purchase agreement, after the expiration of a period of 6 months;

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      (b)     in any other case, after the expiration of a period of 6 months from the time when the agreement is closed.