[F195ACompensatory amountU.K.
(1)This section applies where—
(a)a regulated consumer credit agreement, other than an agreement secured on land, provides for the rate of interest on the credit to be fixed for a period of time, and
(b)under section 94 the debtor discharges all or part of his indebtedness during that period.
(2)The creditor may claim an amount equal to the cost which the creditor has incurred as a result only of the debtor's indebtedness being discharged during that period if—
(a)the amount of the payment under section 94 exceeds £8,000 or, where more than one such payment is made in any 12 month period, the total of those payments exceeds £8,000,
(b)the agreement is not a debtor-creditor agreement enabling the debtor to overdraw on a current account, and
(c)the amount of the payment under section 94 is not paid from the proceeds of a contract of payment protection insurance.
(3)The amount in subsection (2)—
(a)must be fair,
(b)must be objectively justified, and
(c)must not exceed whichever is the lower of—
(i)the relevant percentage of the amount of the payment under section 94, and
(ii)the total amount of interest that would have been paid by the debtor under the agreement in the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor.
(4) In subsection (3)(c)(i) “ relevant percentage ” means—
(a)1%, where the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor is more than one year, or
(b)0.5%, where that period is equal to or less than one year.]
Textual Amendments
F1S. 95A inserted (1.2.2011) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 32, 99(1) (with regs. 100, 101) (as amended (31.1.2011) by S.I. 2011/11, reg. 3)
Modifications etc. (not altering text)
C1Ss. 94-97A excluded (E.W.S.) (15.7.2014) by The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014 (S.I. 2014/1850), arts. 1(2), 12(2) (with art. 1(3))