(1) This section applies where -
(a) a regulated consumer credit agreement, other than an agreement secured on land, provides for the rate of interest on the credit to be fixed for a period of time, and
(b) under section 94 the debtor discharges all or part of his indebtedness during that period.
(2) The creditor may claim an amount equal to the cost which the creditor has incurred as a result only of the debtor’s indebtedness being discharged during that period if -
(a) the amount of the payment under section 94 exceeds £8,000 or, where more than one such payment is made in any 12 month period, the total of those payments exceeds £8,000,
(b) the agreement is not a debtor-creditor agreement enabling the debtor to overdraw on a current account, and
(c) the amount of the payment under section 94 is not paid from the proceeds of a contract of payment protection insurance.
(3) The amount in subsection (2) -
(a) must be fair,
(b) must be objectively justified, and
(c) must not exceed wh
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