s. 38 (8) Where there is a dispute arising out of the operation of this section, a court may, on the application of a debtor, credit provider or guarantor, make an order declaring or adjusting rights or liabilities affected by the operation of this section— (a) to give effect to, or to enforce, any rights or liabilities consequent upon that operation; or (b) subject to any such rights or liabilities, to restore the debtor, credit provider or guarantor, as nearly as practicable to their respective positions before the credit sale contract to which this section applies was entered into. (9) The reference in subsection (1) to the net balance due to the credit provider shall be construed in accordance with section 103, and as if that section were contained in this Part. 38 Statement of annual percentage rate The annual percentage rate required under section 35 or 36 to be stated in a credit sale contract or a loan contract is— (a) where, under the contract, the whole of the credit charge is determined by the application of a percentage rate per annum to the daily unpaid balance of the amount financed—that percentage rate; and (b) where under the contract the whole of the credit charge is not so determined— (i) the percentage rate per annum which when applied to the daily unpaid
(8) Where there is a dispute arising out of the operation of this section, a court may, on the application of a debtor, credit provider or guarantor, make an order declaring or adjusting rights or liabilities affected by the operation of this section— (a) to give effect to, or to enforce, any rights or liabilities consequent upon that operation; or (b) subject to any such rights or liabilities, to restore the debtor, credit provider or guarantor, as nearly as practicable to their respective positions before the credit sale contract to which this section applies was entered into. (9) The reference in subsection (1) to the net balance due to the credit provider shall be construed in accordance with section 103, and as if that section were contained in this Part. 38 Statement of annual percentage rate s. 38 The annual percentage rate required under section 35 or 36 to be stated in a credit sale contract or a loan contract is— (a) where, under the contract, the whole of the credit charge is determined by the application of a percentage rate per annum to the daily unpaid balance of the amount financed—that percentage rate; and (b) where under the contract the whole of the credit charge is not so determined— (i) the percentage rate per annum which when applied to the daily unpaid
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