88Creditors, creditors' agents, lessors, transferees, and buy-back promoters liable for statutory damages

1. The debtor under a consumer credit contract is entitled to recover from the creditor under the contract the amount of the statutory damages set out in section 89 if the creditor breaches, in connection with the contract, any of the following provisions:

2. section 9C(1) with respect to the lender responsibilities in section 9C(3)(a) to (e) or (5):
3. sections 17 to 24, 32 to 40, and 70:
4. subpart 6A of Part 2 (provisions relating to debtors under high-cost consumer credit contracts):
5. section 131B (when person needs to be certified):
6. section 132A (disclosure about debt collection).

7. In the case of a breach of section 131B (when person needs to be certified), references in this Part to—

8. the creditor include references to a mobile trader:
9. the debtor under a consumer credit contract include references to a person to whom a mobile trader service is provided.

10. The debtor under a credit contract is entitled to recover from—

11. the creditor under the contract the amount of the statutory damages set out in section 89 if the creditor or the creditor’s agent breaches, in connection with the contract, any of the provisions of Part 3A; and
12. the creditor's agent the amount of the statutory damages set out in section 89 if the creditor's agent breaches, in connection with the contract, any of the provisions of Part 3A.

13. However, if a creditor’s agent breaches, in connection with a contract, any of the provisions of Part 3A, the debtor is not entitled, under subsection (1A), to recover the amount of statutory damages from—

14. the creditor’s agent if the debtor has already recovered that amount from the creditor:
15. the creditor if the debtor has already recovered that amount from the creditor’s agent.

16. The guarantor under a guarantee is entitled to recover from the creditor under a consumer credit contract to which the guarantee applies the amount of the statutory damages set out in section 89 if the creditor breaches, in connection with the guarantee, any of the provisions of sections 9C(4)(a) to (d), 24 to 26, and 32 to 35.

17. The lessee under a consumer lease is entitled to recover from the lessor under the lease the amount of the statutory damages set out in section 89 if the lessor breaches, in connection with the lease, any of the provisions of sections 32 to 35, 64 to 67, and 70.

18. The occupier under a buy-back transaction is entitled to recover from the transferee under the transaction the amount of the statutory damages set out in section 89 if the transferee breaches, in connection with the transaction, any of the provisions of sections 32 to 35, 72, and 77 to 79.

19. If section 74 applies, the occupier under a buy-back transaction is entitled to recover from the buy-back promoter the amount of the statutory damages set out in section 89 if the buy-back promoter breaches, in connection with the transaction, any of the provisions of sections 32 to 35, and 72.

20. The statutory damages that are to be paid in relation to a consumer credit contract, other credit contract, guarantee, consumer lease, or buy-back transaction must be divided equally between all of the debtors under the contract, the guarantors under the guarantee, the lessees under the lease, or the occupiers under the buy-back transaction, as the case may be.