28 Agreements made unenforceable by section 26 or 27[: general cases]

28  Agreements made unenforceable by section 26 or 27[: general cases]

(1)     This section applies to an agreement which is unenforceable because of section 26 or 27[, other than an agreement entered into in the course of carrying on a credit-related regulated activity].

(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 determined by the court.

(3)     If the court is satisfied that

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