[28A Credit-related agreements made unenforceable by section 26, 26A or 27]

[28A  Credit-related agreements made unenforceable by section 26, 26A or 27]

[(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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