Default damages [PCWorld wrong laptop sold & HFC Finance]- Supreme Court

[lovejoy]

Excellent news for you Durkin, it is about time that these low life companies took responsibility for the damage they cause to peoples lives with their actions.

 

 

I am a little way behind you with a similar case having proved in court that I had no debt with a company yet they are still updating defaults on the credit file.

 

 

Once again congratulations and best wishes to you.

[GuidoT]

Very pleased for Mr Durkin, shame that the findings of facts of the First Division cannot be disturbed, I think all he gets it £8K, not much given the stress this must have caused over the past 15 or so years.

 

A win for consumers though.

[Desperate Daniella]

Congratulations to Richard for taking this on and winning, but so disappointed for him that the judges awarded only £8,000.

[andydd]

Congratulations to Richard for taking this on and winning, but so disappointed for him that the judges awarded only £8,000.

 

If you read the Judgement it does seem fair to me that the damages were only £8000.

 

I note there are at least 3 threads on this, spose they could be merged.

[caro]

Congratulations Richard. I hope you can put this behind you now.

[Peterbard]

Good to see that the court found a common sense way to rescind the credit agreement, personally I think that this aspect will be the greatest assistance to the consumer.

 

The section 75 argument failed and there was little mention of the general losses issue, except to say that they did not have the power to make a ruling on the issue. I cannot see how the situation regarding this has been changed.

 

Although I am sure that there will be a rash of CMCs which will argue otherwise.

[Desperate Daniella]

If you read the Judgement it does seem fair to me that the damages were only £8000.

 

I note there are at least 3 threads on this, spose they could be merged.

 

I can see why they put the damages where they did but it's still not very much considering the length of it all and the stress Richard has been through.

[Desperate Daniella]

I think it is a great result for consumers and it is common sense. If you buy a product, then return the product, you don't need a credit agreement for that product. That is it in a nutshell and the whole thing could have been sorted out in five minutes if anyone had employed a modicum of common sense.

[andydd]

DD.. I agree, he had only paid £50, this could of all been sorted out 16 years and half a million pounds ago !

[Desperate Daniella]

As my 84-year-old mum would say, "No-one has any common sense any more. They work from a script, and that is IT!!"

[spartathisis]

Racking my brain for the main case on damages awarded for problems caused by reporting to CRA, am sure the award was £8,000 too.

[patrickq1]

well done paul I know we could wish for more damages but lets hope the interest owed will help some plus all costs hopefully again congrats

[patrickq1]

oooops Richard Apologies lol

[Durkin]

Thanks for the support everyone.

 

I'm trying to push for a defamation claim now but it seems that it would cost too much.

 

British justice has failed, particularly in Scotland.

 

Rico.

[Old Cogger]

If the so called supreme court are powerless to institute previous determinations etc then they again are a waste of time = Also the so called cost to get justice degrades the British Legal system, as they could at outset sit around a table and discuss issues there and then instead of this proceedure that proceedure etecetecetc, they obviously did not want to rock the boat of Banks etc having the upper hand and set precenence to further scandle claims.

[GuidoT]

Televised handing down of the judgement in the SC:

http://ukscblog.com/new-judgment-durkin-v-dsg-retail-limited-anor-2014-uksc-21/