Question
Amin entered into a hire-purchase agreement for a car with Fast Forward Bank (FFB) for 7 years. He had diligently paid for the instalments every
Amin entered into a hire-purchase agreement for a car with Fast Forward Bank (FFB) for 7 years. He had diligently paid for the instalments every month until he died. Two months after his death, FFB sent a 4th schedule notice asking for payment of the arrears as Amin defaulted 2 months instalments. FFB warned that the car will be repossessed if payment is not made within a week. Amins wife, Aminah informed FFB that Amin had passed away and she is in the midst of arranging for the necessary documents as she has just been appointed as the administrator of the estate. She also informed the bank that as the personal representative of her husbands estate, she wants to continue paying for the instalments as there are only 5 months instalments left under the agreement. One week later, three men came to tow the car from Aminahs house. Even though Aminah told them that she was planning to take over in paying the instalments, they towed the car and told her that she must pay the defaults to FFB in 5 days or the car will be sold off. Aminah is terribly disappointed and wants to know if the bank had acted lawfully.
Advise Aminah on the relevant statutory provisions of the Hire-Purchase Act 1967 in respect of the above situation.
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