Tribunal may determine reasonable fees etc.
47 Tribunal may determine reasonable fees etc.
S. 47(1) amended by No. 52/1998 s. 24(1).
Where a credit provider enters into a credit sale contract or a loan contract that includes a statement of—
S. 47(1)(a) amended by No. 18/2005 s. 18(Sch. 1 item 26.2).
the amount of fees payable to a legal practitioner authorized to prepare documents for the contract or for a mortgage entered into in relation to the contract;
the amount of any charge prescribed for the purposes of clause 1(g) of Schedule 2 or clause 1(d) of Schedule 4; or
the value of any consideration of a kind prescribed for the purposes of clause 1(i) of Schedule 2 or clause 1(f) of Schedule 4—
and the debtor claims that the amount or value is not a reasonable amount or value he may apply to the Tribunal for determination of the amount or value.
S. 47(2) amended by No. 52/1998 s. 24(1).
Where an application to the Tribunal is made under subsection (1), the Tribunal shall—
determine the amount or value and make such orders as are necessary to give effect to its determination; or
dismiss the application.
S. 47(3) amended by No. 52/1998 s. 24(1).
Where the Tribunal makes a determination under this section in relation to a credit sale contract or a loan contract, the contract as varied in accordance with the determination shall be deemed not to fail to comply with section 35 or 36 by reason only of the determination.
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