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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

23 OCT 2012

Smith v 1st Credit (Finance) Ltd [2012] EWHC 2600 (Ch)

(Chancery Division, Nicholas Strauss QC (sitting as a deputy judge of the High Court)

In July 2008, a creditor of S gave notice of the assignment of her credit card debt to 1st Credit. A bankruptcy order was made against S on 1st Credit's petition. After possession of S's property was sought, S applied to annul the bankruptcy, raising issues as t the accuracy of the process-server's affidavit of service regarding the petition. The district judge dismissed the application, having refused to allow S to raise issues of fraud that had not been out to the process-server in cross-examination. Nicholas Strauss QC (sitting as a deputy judge of the High Court) dismissed S's appeal. There was no basis to reverse the district judge's conclusions on service. Notice of assignment had been given, which established that the debt was due to 1st Credit and s 82A of the Consumer Credit Act 1974 was satisfied.

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