SHOP DIRECT FINANCE COMPANY LIMITED v THE OFFICIAL RECEIVER

SHOP DIRECT FINANCE COMPANY LIMITED v THE OFFICIAL RECEIVER

The 'complainant' for the purposes of DISP 2.8.2R(2)(b) is the Official Receiver, as the statutory right to bring a complaint and seek redress vests in the Official Receiver upon bankruptcy, making its awareness relevant for limitation purposes, not that of the bankrupt consumer.

Parties
Claimant: Shop Direct Finance Company Limited; Defendant: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
06 June 2022
Procedural Posture
Declaratory Relief Under CPR Part 8 / Judgment After Trial
Outcome
Declaration granted in favour of SDFC on the primary construction issue; further declaratory relief declined; permission to appeal granted if sought by the Official Receiver.
Legal Topics
Limitation Periods, Financial Ombudsman Service, Payment Protection Insurance (ppi) Mis Selling, Statutory Interpretation, Bankruptcy Estate Vesting
Insolvency Financial Services Regulation Limitation Periods Financial Ombudsman Service Payment Protection Insurance (ppi) Mis Selling Statutory Interpretation Bankruptcy Estate Vesting

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Parties

Shop Direct Finance Company Limited

Claimant

The Official Receiver

Defendant

Procedural Posture

Declaratory Relief Under CPR Part 8 / Judgment After Trial

Legal Issues

  1. 1 Who is the 'complainant' for the purposes of the limitation regime in DISP 2.8.2R(2)(b) when a complaint is brought by the Official Receiver on behalf of a bankrupt consumer?
  2. 2 Does the right to complain and the right to redress vest in the Official Receiver upon bankruptcy?
  3. 3 Is the awareness of the Official Receiver or the bankrupt consumer relevant for limitation purposes under DISP?

Ratio Decidendi

The 'complainant' for the purposes of DISP 2.8.2R(2)(b) is the Official Receiver, as the statutory right to bring a complaint and seek redress vests in the Official Receiver upon bankruptcy, making its awareness relevant for limitation purposes, not that of the bankrupt consumer.

Court Disposition

Declaration granted in favour of SDFC on the primary construction issue; further declaratory relief declined; permission to appeal granted if sought by the Official Receiver.

Orders

  • Declaration that the 'complainant' for the purposes of DISP 2.8.2R(2)(b) is the Official Receiver.
  • No further declaratory relief granted.