[(1) This section applies to an agreement that—
(a) is entered into in the course of carrying on a credit-related regulated activity, and
(b) is unenforceable because of section 26, 26A or 27.
(2) The amount of compensation recoverable as a result of that section is—
(a) the amount agreed by the parties, or
(b) on the application of either party, the amount specified in a written notice given by the FCA to the applicant.
(3) If on application by the relevant firm the FCA is satisfied that it is just and
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