The role of the official receiver in Financial Ombudsman Service complaints (Shop Direct Finance Company Ltd v The Official Receiver)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Restructuring & Insolvency analysis: This was a claim for declaratory relief against the official receiver (OR) relating to the time limitation provision governing Financial Ombudsman Service (FOS) complaints. A number of consumers said a product had been mis-sold to them. The consumers became bankrupt and their estates vested in the OR. The relevant limitation regime made reference to a complainant’s awareness of the cause for complaint. The main question for the court was whether the relevant complainant was the OR or each bankrupt consumer. It was held that the ‘complainant’ whose awareness was relevant was the OR. Written by Nora Wannagat, barrister at 9 Stone Buildings.