Section 44 — Credit Contracts and Consumer Finance Act 2003: Other credit fees and default fee

44 Other credit fees and default fee (1) In determining whether a credit fee or a default fee is unreasonable, the Court must have regard to,— (a) in relation to the matter giving rise to the fee, whether the fee reasonably compensates the creditor for the following: (i) any cost incurred by the creditor (including the cost of providing a service to the debtor if the fee relates to the provision of a service): (ii) a reasonable estimate of any loss incurred by the creditor as a result of the debtor's acts or omissions; and (b) reasonable standards of commercial practice. (2) This section does not apply to— (a) establishment fees; or (b) a fee or charge payable on a part prepayment under a consumer credit contract; or (c) a fee or charge payable on a full prepayment of a consumer credit contract (unless the fee relates to administrative costs).