Queensland Consolidated Acts Queensland Consolidated Acts(1) Where, because of a contravention of or a failure to comply with this Act by a credit provider, a debtor is not liable to pay to the credit provider under a regulated contract an amount that, but for the contravention or failure the debtor would have been liable to pay under the contract, the credit provider may apply to a court for an order increasing the liability of the debtor to the credit provider.
(2) Where an application is made to a court under this section in relation to a regulated contract, the court, after consideration of the relevant circumstances, including the conduct of the credit provider and the debtor and the loss or damage (if any) suffered by the debtor may, where it is satisfied that the contravention or failure has occurred, determine not to increase the liability of the debtor or determine that the debtor is liable to pay the whole or such part of the credit charge under the contract as it determines.
(3) Where, under this section, a court determines the amount that a debtor is liable to pay after a contravention of or a failure to comply with this Act by a credit provider, the court shall ensure that, in determining that amount, the amount that the debtor would have been liable to pay but for the contravention or failure is reduced by an amount that is not less than the amount of loss or damage (if any) suffered by the debtor because of the contravention or failure.
(3A) Subsection (3) does not apply if the court acts under section 87B(2).
(4) Where, under this section, a court determines the liability of the debtor under a regulated contract in consequence of a contravention of or a failure to comply with this Act by the credit provider, the liability of the debtor to the credit provider under the contract is the liability determined by the court instead of the liability that, but for the determination, the debtor would have had to the credit provider under the contract.
(4A) A court may, when making a determination under this section of the amount that a debtor is liable to pay, give the parties to the proceedings such directions as the court considers appropriate relating to the payment of the amount owed by the debtor or by the credit provider because of the determination.
(4B) A determination made by a court under this section of the liability of a debtor has effect only in respect of the contravention or failure to which the determination relates.
(5) Nothing in this section affects the liability of a person to be convicted of an offence under this Act.
(6) This section is subject to section 87B (Court may direct payment to the Fund).