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    9(in relation to a regulated mortgage contract or a home purchase plan32) either:

      1. (a) a shortfall (equivalent to two or more regular payments) in the accumulated total payments actually made by the customer measured against the accumulated total amount of payments due to be received from the customer; or
      1. (b) remaining in breach, for more than one month, of an agreed borrowing limit or of an obligation to pay or32 repay where the loan or home purchase plan32 does not have a regular payment or32 repayment plan.