LFC Horkstow Ltd v Wallis (Re Nicholas Wallis and the Insolvency Act 1986)

DEPUTY INSOLVENCY AND COMPANIES COURT JUDGE RAQUEL AGNELLO KC ____________________

Ms Chelsea Carter (instructed by Andrew Jackson Solicitors LLP) for the Petitioner Ms Wendy Parker ( instructed by Locke Lord (UK) LLP) for the Respondent Hearing date: 26 May 2023 ____________________

(a) The Demand was not served on the Debtor as required by r. 10.2 of the Insolvency

(c )There is a genuine triable issue as to whether the Petitioner agreed to provide the

Debtor with "credit" within the meaning of the Consumer Credit Act 1974 (" CCA "), and in doing so created a credit agreement which does not comply with the requirements of the CCA and is therefore unenforceable ;