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    Richard Durkin wins 16-year laptop credit wrangle with HFC bank

    This is a discussion on Richard Durkin wins 16-year laptop credit wrangle with HFC bank within the General chat forums, part of the Community channel category; BBC News - Richard Durkin wins 16-year laptop credit wrangle with HFC bank A man has won a 16-year dispute ...

    1. #1
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      Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      BBC News - Richard Durkin wins 16-year laptop credit wrangle with HFC bank
      A man has won a 16-year dispute over a laptop which he bought from the Aberdeen branch of PC World.

      <Video>

      Richard Durkin claimed the HFC bank ruined his credit rating after he tried to pull out of a credit agreement when he returned the 1,499 computer.

      Mr Durkin, 44, took his case to court and initially won damages of 116,000 but that ruling was overturned.

      The Supreme Court in London has now allowed his appeal and ruled he should receive 8,000 in damages.

      Mr Durkin said the ruling was a victory for the consumer but a blow for him personally.

      He had handed over 50 and signed a credit agreement with HFC in 1998, but said he was told by a sales assistant at the store in Aberdeen that the laptop could be returned if it had a problem.

      He discovered the laptop did not have an inbuilt modem.

      Mr Durkin was eventually paid back the 50 by PC World but HFC said he was still required to make payments under the terms of the credit agreement.

      In 2008 Aberdeen Sheriff Court ruled that he was entitled to reject the laptop and cancel the sale and the credit agreement and awarded damages of 116,000.

      The decision was overturned later by judges at the Court of Session in Edinburgh after Mr Durkin himself appealed against the size of the damages.

      Delivering the Supreme Court conclusion, Lord Hodge ruled: "I would allow the appeal and declare that Mr Durkin was entitled to rescind and validly rescinded the credit agreement by giving notice to HFC in about February 1999.

      "Damages resulting from HFC's breach of its duty of care are confined to injury to Mr Durkin's credit in the sum of 8,000.

      "I would give the parties an opportunity to agree the date from which interest should run and the rate or rates of interest to be applied."

      Lord Hodge said the Supreme Court did not have the power to restore the damages originally awarded to Mr Durkin.

      <Video>

      Mr Durkin said: "I am disappointed that the Supreme Court was unable to restore to me the full damages awarded by the sheriff - even though it was clear that they were sympathetic to my position on this.

      "This decision is a great victory for all consumers and I am proud to have been the driving force behind it.

      "As a result of the decision, no consumer will have to endure again what I had to put up with - the loss of the ability to buy a family home because of wrongful blacklisting of me."

      He added: "Taking a case to any court is a huge stress, but taking it to the highest court in the land with all the risks that go with it was the most stressful thing that anyone could voluntarily put themselves through.

      "But sometimes you have to do what is right, and not what is easy."

      Mr Durkin said: "I am grateful to my legal team, and to the Law Society of Scotland who funded the court fees which I could not afford.

      "But I am most grateful for an end to this matter now, having fought a long and difficult battle which at last is over."

      A statement from HSBC - which now owns HFC - said: "We note the court's judgement and are pleased that this matter has finally been resolved."

      Lawyers for Which? magazine are assessing the ruling and its possible implications for consumers.
      (to view the videos and read the analysis comments of this judgement please click the link above)


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    3. #2
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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Quote Originally Posted by Scubbie View Post
      The decision was overturned later by judges at the Court of Session in Edinburgh after Mr Durkin himself appealed against the size of the damages.
      That's what you get for being greedy.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      I fail to see why he was greedy?

      Due to a simple lack of a built-in Modem the Laptop was unsuitable for the purpose for which he had bought it. PC World accepted this and returned his 50. HFC insisted that he continue to pay for something he had returned to the retailer as it was not fit for the purposes it had been bought for.

      Due to the complete foul up by HFC who listed him as failing to repay a credit agreement, Mr Durkin was unable to get a mortgage.

      Mr Durkin spent years chasing this through the courts. This didn't cost just real money (funded by the Law Society of Scotland) but was stressful to him. It should have been closed back in February 1999.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      If he was initially awarded 116,00 he should have accepted it instead of appealing. He could have saved himself the stress and financial cost of years of litigation and 8,000 - even with interest - falls well short of the initial award.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Was he not appealing on the grounds that the initial award was too much?
      Geoff, York.
      Can't call me a Luddite now!


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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Quote Originally Posted by Ned Ludd View Post
      Was he not appealing on the grounds that the initial award was too much?
      That's how i read it.
      "A man of principles there" i thought.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Quote Originally Posted by Ned Ludd View Post
      Was he not appealing on the grounds that the initial award was too much?
      I must admit to being unfamiliar with the vagueries of Scottish law and not having investigated the case base my judgement solely on the above report however I find it inconceivable that Mr Durkin's appeal would have been for a reduction in the amount of compensation.
      If I am wrong, then I stand corrected but still feel that Mr Durkin was a victim of his own actions.

      edit: He could have accepted the compensation and made a large donation to charity.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      He didn't object to the initial damages. That ruling 'was overturned'. He appealed against the ruling being overturned.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Like I said I do not understand Scottish law but why would the case have been brought before the Court of Session unless either the pursuer or defender had appealed.

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      Re: Richard Durkin wins 16-year laptop credit wrangle with HFC bank

      Duplicate post.

     

     

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