What Is Hire Purchase Agreement?
A hire purchase plan allows you to purchase an expensive item that you may not otherwise be able to pay for. You are essentially “renting” the item on a month-to-month basis until the sum of your payments matches the purchase price plus interest.
Hire purchase is an arrangement for buying expensive consumer goods, where the buyer makes an initial down payment and pays the balance plus interest in installments. The term hire purchase is commonly used in the United Kingdom and it’s more commonly known as an installment plan in the United States.
However, there can be a difference between the two: With some installment plans, the buyer gets the ownership rights as soon as the contract is signed with the seller. With hire purchase agreements, the ownership of the merchandise is not officially transferred to the buyer until all the payments have been made.
How does a hire purchase agreement work?
Generally, hire purchases must be taken out through a finance facility like a bank or building society, or sometimes directly through the owner, such as through a car dealership. However, if you are taking out a hire purchase directly through a retailer, it’s worth noting that the retailer will still be working as an agent for a finance company that is providing the loan, and the retailer will be receiving a commission from the finance company for facilitating the arrangement.
In some cases, hire purchase agreements will include a final payment to confirm the transfer of ownership. The payment period for larger hire purchase agreements typically ranges between 2 and 5 years, while smaller purchases may be significantly shorter.
During the hire purchase payment period, you can use the asset as if you own it, but you cannot legally sell or dispose of an asset that you’re borrowing via hire purchase until you’ve paid for and thus own it.
If a business fails to make payments on time, they run the risk of the assets being repossessed and returned to the original owner. The lender will need a court order to repossess the goods unless you’ve paid less than a third of the total amount.
Businesses are within their rights to terminate a hire purchase agreement at any time and return the assets if they no longer need or can no longer afford them. Payments will still need to be made to cover the time the business did have with the asset, and if the payments at the time of termination fall below half the value of the asset, the business may be required to make additional payments to meet an agreed-upon minimum. A business will never be required to pay the entire amount of an asset they have returned.
Terminating a Hire Purchase Agreement
If the buyer needs to end the agreement, there are two options:
- Terminate the agreement and voluntarily return the goods.
- Have the creditor terminate the agreement, then repossess the goods.
How the agreement is terminated will affect the final amount owed when the agreement ends. If the buyer terminates the agreement and returns the goods voluntarily, the amount that must be paid should be up to half of the amount payable listed on the agreement minus any amount paid. If any dues are outstanding, those will have to be paid.
If the buyer voluntarily terminates the agreement, it must be presented to the creditor in writing. If it is not sent in writing, the creditor will not see it as voluntary, and the 50 percent liability limit will not be given. Copies of the termination letter should be saved for future reference if the termination comes into question.
When can the lender repossess the goods?
The finance company can only repossess (take back) the item under certain conditions:
- If you are in arrears and have not yet paid off one-third of the total hire purchase cost, the owner can repossess the goods at any time without taking legal action against you. They must send you a default notice first and give you at least 21 days to put things right, unless a court says they do not have to.
- If you have paid one-third or more off the total hire purchase cost, the owner cannot repossess the goods without taking legal action.
Any deposit that you pay at the start of the agreement or the value of any trade-in, for example, is taken into account in calculating one-third of the cost.
If this one-third rule is breached by the owner, you are entitled to end the agreement and can ask for a refund of all payments made. The lender will sell the repossessed goods at auction and the money they get will be used to repay your debt.
If there isn’t enough to pay the whole amount off, you will have to pay whatever is left plus any court costs. It’s worth asking the lender if you can try to sell the goods yourself as you will often get more money for them this way.
How to record a hire purchase agreement?
Despite the fact that a business does not own the asset until it’s been paid for entirely, the new asset must still be recorded as a fixed asset on the business’s balance sheet.
A hire purchase contract must include the following:
- The term “Hire Purchase Agreement”, included prominently and clearly
- The exact asset being loaned must
- Both the cash price and hire purchase price of the asset
- The payment amount for each instalment and the amount of final balloon payment if applicable
- The dates each instalment must be paid
- Details of all parties involved, including names and addresses
- A statement confirming the hirers right to withdraw from the agreement within a cooling off period, typically within 10 days of the agreement being received
- A statement confirming that the hirer must inform the finance company of the location of the asset
- Any additional fees or charges that will apply.
Benefits of Hire Purchase Agreements
The primary financial benefits for a company using a hire purchase plan include maximizing working capital, the ability to enhance the financial appearance of the company to investors, and the potential of payment flexibility.
The most obvious benefit for a company is using a hire purchase plan is it does not have to pay the full amount of the purchase upfront. This can be very beneficial for a company that needs to obtain expensive equipment but does not have the necessary capital and does not want to increase its debt burden by borrowing money.
Companies can sometimes manage to keep the money used to lease the equipment and the equipment off their balance sheets, thereby providing a better-looking return on assets (ROA) ratios.
Another financial benefit of using a hire purchase plan is such plans often include maintenance in the contract, so the company does not have to worry about having to pay for any expensive repair costs that may arise.
Expensing the rental payments may be more tax advantageous than buying and depreciating the equipment. A hire purchase plan is also beneficial in that it does not obligate the company to keep the equipment, and payment terms are often flexible. For example, if the use of the equipment varies seasonally, payments can often be structured to coincide with the level of usage.
Drawbacks of Hire Purchase Agreements
1. The loan is secured against the equipment
With a hire purchase agreement, you’re in a fixed contract. As you don’t own the car until the final payment is made, if, for any reason, you can’t afford to make payments, the finance company could take your car away.
2. It will cost more overall
The interest charges on hire purchase mean the final cost of your equipment will be more than if you were to purchase it outright. Monthly payments with hire purchases are also generally higher than for PCP or leasing deals.
3. Monthly payments are based on credit rating
As it’s a secured loan, hire purchase agreements are available to buyers with poor credit ratings. However, if you happen to have a poor credit rating or even no credit (for instance, if you haven’t borrowed in the past), you may not be eligible for the lower interest rate deals.
4. It can be expensive for short term agreements
If you’re looking for a short-term agreement rather than one spread out over several years, choosing a hire purchase can turn out to be an expensive route.
5. Missing or late payments could affect your credit score
It’s usual for a hire purchase agreement to be registered with credit agencies. So if over the term, you miss a payment or even make a late payment, it will be flagged on your credit report and may affect your credit score or even your ability to borrow in the future.
What is a hire purchase agreement?
Hire purchase (HP) is a type of borrowing. It is different from other types of borrowing because you don’t own the goods until you have paid in full. Under an HP agreement, you hire the goods and then pay an agreed amount in installments.
What is a hire purchase with example?
With hire purchase, you hire an item (a car, a laptop, a television) and pay an agreed amount in monthly payments. You do not own the item until you have made the final payment. Personal Contract Plans (PCPs) are a type of hire purchase agreement. Hire Purchase is regulated by the Consumer Credit Act 1995.
What is the difference between a lease and a hire purchase agreement?
The key difference between a lease agreement and a hire purchase finance agreement is that at the end of a lease, you return the asset and at the end of an HP, you have the option to purchase and keep the asset if you so choose.
What are the main contents of the hire purchase agreement?
Contents of a hire purchase agreement.-
(a) The hire-purchase price of the goods to which the agreement relates, (b) The cash price of the goods, that is to say, the price at which the goods may be purchased by the hirer for cash, (c) The date on which the agreement shall be deemed to have commenced.
What happens to a hire purchase agreement when someone dies?
Your car finance debt does not disappear after you die
If you have a personal contract purchase (PCP), hire purchase (HP), personal loan or any other kind of borrowing to finance your car, that debt remains payable even in the event of your death.
Is the seller in a hire purchase agreement?
There are two parties to the hire purchase agreement. One is the hire vendor, who is the seller and the other is the hire purchaser, the buyer. The hire purchaser exercises the option of purchasing. He may even return the goods if he is not satisfied with their quality or performance.
How do you calculate the hire purchase agreement?
How do you calculate hire purchases?
Hire purchase = deposit + total of monthly payments.
Why is a hire purchase better than a lease?
There are many offers whereby, you can use the asset just by paying the price for using it, such as Hire Purchasing and Leasing.
|Basis for Comparison||Hire Purchasing||Leasing|
|Consideration||Initial payment plus installment.||Lease Rentals|
|Duration||Short Term||Comparatively Long term|
What are the advantages of hire purchase?
Advantages of hire purchase
- Spreading the cost.
- Option of a newer, higher specification car.
- Fixed monthly repayments.
- Reduce repayments to fit your budget.
- Own the car at the end of the agreement.
- Fewer restrictions.
- It can be paid off early in most cases.
- Get accepted with less than perfect credit.
What are the types of hire purchases?
Hire-purchase agreements are of two forms.
In the first form, the goods are purchased by the financier from the dealer. the financier obtains a hire-purchase agreement from the customer, …
In other forms. the customer purchases the goods and he executes a hire-purchase agreement with a financier,
When the ownership is transferred under hire purchase?
In legal terminology, transfer of ownership. It is only after paying off the full price of the goods, the hirer becomes the owner of the goods under a Hire-purchase agreement. Furthermore, the seller has the right to repossess the goods in case of default by the hirer.
Who are the parties in a hire purchase agreement?
In the hire purchase agreement, the contract is basically between two parties viz. the hire-purchaser and the hire-vendor and sometimes there is an involvement of a third party that is the financer.
Is a mobile phone contract a hire purchase agreement?
Hire purchases are especially common in sectors that involve pricey equipment, like construction, freight, engineering, and manufacturing. It can also be used for small-scale assets, for things like company cars or mobile phones, for example.
What are the rights of a hired vendor in the hire purchase agreement?
Right of the hirer to purchase at any time with rebate. Right to the hirer to terminate the agreement at any time. Right to the hirer to appropriate payments in respect of two or more agreements. Assignment and transmission of the hirer’s right or interest under a hire-purchase agreement.
What are the rights of hire purchase under the hire purchase Act 1972?
(1) Where, in a suit or application by an owner of goods which have been let under a hire-purchase agreement, to enforce a right to recover possession of the goods from the hirer, the owner proves that, before the commencement of the suit or application and after the right to recover possession of the goods accrued.
Who is the owner of a hire purchase agreement?
Hire purchase agreements are agreements whereby an owner of goods allows a person, the hirer, to hire goods from him for a period of time by paying installments. The hirer has an option to buy the goods at the end of the agreement if all installments are being paid.
Is a hire purchase agreement a liability?
The liability of a guarantor continues even though the finance company, pursuant to the provisions of the hire purchase agreement, has taken possession of the goods. A guarantor’s liability is strictly limited to that imposed on the hirer by the hire purchase agreement.