Joanna Rich v JDDR Capital Limited

Joanna Rich v JDDR Capital Limited

The applicants failed to provide sufficient evidence to establish a genuine or substantial dispute as to the debt. The guarantee created a liquidated debt, and the arguments based on understanding, representation, estoppel, waiver, Consumer Credit Act, and penalty clauses were either unsupported or irrelevant to the principal sum due. The statutory demand and petition are valid.

Parties
Applicant/respondent: Joanna Rich; Respondent/petitioner: JDDR Capital Limited; Respondent: Clive Rich
Jurisdiction
England and Wales
Judgment Date
14 April 2026
Procedural Posture
Insolvency/bankruptcy / Application to Set Aside Statutory Demand and Opposition to Bankruptcy Petition
Outcome
Application to set aside statutory demand dismissed; opposition to bankruptcy petition dismissed; final order on petition deferred pending clarification of parallel proceedings.
Legal Topics
Statutory Demand, Personal Guarantee, Bankruptcy Petition, Assignment of Debt, Estoppel, Consumer Credit Act, Penalty Clauses
Insolvency Law Contract Law Statutory Demand Personal Guarantee Bankruptcy Petition Assignment of Debt Estoppel Consumer Credit Act +1 more

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Parties

Joanna Rich

Applicant/respondent

JDDR Capital Limited

Respondent/petitioner

Clive Rich

Respondent

Procedural Posture

Insolvency/bankruptcy / Application to Set Aside Statutory Demand and Opposition to Bankruptcy Petition

Legal Issues

  1. 1 Whether the debt is disputed on substantial grounds
  2. 2 Whether there was an enforceable understanding/representation/estoppel/waiver precluding enforcement of the guarantee
  3. 3 Whether the guarantee creates a liquidated debt for statutory demand purposes

Ratio Decidendi

The applicants failed to provide sufficient evidence to establish a genuine or substantial dispute as to the debt. The guarantee created a liquidated debt, and the arguments based on understanding, representation, estoppel, waiver, Consumer Credit Act, and penalty clauses were either unsupported or irrelevant to the principal sum due. The statutory demand and petition are valid.

Court Disposition

Application to set aside statutory demand dismissed; opposition to bankruptcy petition dismissed; final order on petition deferred pending clarification of parallel proceedings.

Orders

  • Mrs Rich's application to set aside the statutory demand is dismissed.
  • Mr Rich's grounds of opposition to the bankruptcy petition are dismissed.