Durkin v HFC. Anyone tried it?

[batty69]

Interesting thread, wish I had been aware of this earlier.

 

I incurred a CCJ which has now been set aside, claimant has re-issued the claim which is now proceeding to trial.

 

I'm 100% certain I will win and thus have issued a counterclaim because as a result of the CCJ I was dismissed from my job.

 

Being aware of the £5K SCT limit, lack of precedents (or so I thought!), I decided to keep my claim under £5k and concentrate on "provable" losses, I.e. direct loss of income.

 

Will I be prevented from issuing a further claim in the future as I will have been deemed to have already claimed my losses and it's my fault for not claiming more now ?

 

Or could I issue a future claim for "general" damages, citing that my current claim is for direct losses which have resulted from the actions of the claimant and also that the precedents in this thread do not include an award for loss of income.

 

in other words can I separate the loss of income claim from a general damages claim and issue this at a later date ?

[Old Cogger]

small claims now £10.000 ???? from April 2013?

[batty69]

small claims now £10.000 ???? from April 2013?

 

latest case started 2 years against me and pt20 was submitted before the new rules came into place.

 

 

What I'm trying to establish is, can I pursue a separate claim for damages due to the loss of "reputation" as my current CC is for direct losses that have already occured?

[Durkin]

Hi Batty,

 

Ask the court if you can amend your current claim to include general damages "to be assessed by the court" as per my case.

 

Be careful to keep the total claim under £10K unless you've suffered bigger losses that you can be bothered chasing (Can be expensive and detrimental to health)

 

I doubt you'd be able to lodge a claim separately but someone might know better.

 

Good Luck.

 

Richard.

[batty69]

Hi Batty,

 

Ask the court if you can amend your current claim to include general damages "to be assessed by the court" as per my case.

 

Be careful to keep the total claim under £10K unless you've suffered bigger losses that you can be bothered chasing (Can be expensive and detrimental to health)

 

I doubt you'd be able to lodge a claim separately but someone might know better.

 

Good Luck.

 

Richard.

 

Hi Richard thanks for the response, been reading about your case, I admire your balls and wish you the best with the final outcome.

 

I did put in my Pt20 CC "Any other penalties the court see fit", would I be able to claim under this or should I seek to try have this point amended rather than supplement my case.

 

Also I should point out, my case has gone passed AQ stage and trial date set, also the 7 day period to challenge the judges directions has passed aswell.

[batty69]

Hi Batty,

 

Ask the court if you can amend your current claim to include general damages "to be assessed by the court" as per my case.

 

Be careful to keep the total claim under £10K unless you've suffered bigger losses that you can be bothered chasing (Can be expensive and detrimental to health)

 

I doubt you'd be able to lodge a claim separately but someone might know better.

 

Good Luck.

 

Richard.

 

Hi Richard I'm going to put in an application to do this. What wording do I need for the supplemental PoC and do I need to give a good reason why I didn't claim this originally ?

[Durkin]

Hi Batty,

 

I've been away for a few months.

 

How are you getting on?

 

Richard.

[Peterbard]

Hi

 

Just been discussing your case were your ears burning ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?394431-Richard-Durkin-appeal-supreme-court&p=4263078#post4263078

Edited June 18, 2013 by Dodgeball

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

[Durkin]

I tried over 2 years ago to get some help from my local tory MP

 

Who's your MP? Mine (Frank Doran) is interested to know which others have been approached.

 

Cheers,

 

Richard.

[BRIGADIER2JCS]

Who's your MP? Mine (Frank Doran) is interested to know which others have been approached.

 

Cheers,

 

Richard.

 

 

Threads been "dead" for a year Richard.