Civil penalty
67 Civil penalty
Subject to section 85, where, in relation to a billing cycle of a continuing credit contract—
the credit provider has not given notice in writing to the debtor of the annual percentage rate in respect of the contract in accordance with section 3(4) or 59;
the credit charge—
is determined otherwise than in accordance with this Division; or
is not included in a statement of account for that billing cycle given to the debtor under section 61;
the debtor incurs a debt under the contract before the credit provider has given a notice under section 59;
the credit provider includes in the statement of account for that billing cycle an amount of deferral charges or default charges; or
a mortgage relating to the continuing credit contract is entered into in contravention of section 91(1)—
the debtor is not liable to pay to the credit provider the credit charge in respect of that billing cycle.
Nothing in this section affects the liability of a person to be convicted of an offence under this Act.
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