WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

[Rickmaudib]

Re: Case law regarding general daamges for wrongful defaults.

I have had a final response for my own case ( erroneous default but only placed on callcredit) it took two years for the default to finally come to light, as I had accounts with equifax and experian. I had not heard of callcredit until feb this year when at last I got a real answer as to why a motgage application failed. (this was about the 12-15th in a 2 year period, no povider ever mentioned callcredit. even though I found searches on my file)

They have admitted responsibilty but have ignored my using kpoharar and mitigated Durkin on the basis his "general damages" award was based on the length of time it went on for. I can't find any real reference to the time scale apart from the 2nd and 3rd
heads of loss which were claimed.

they have offered me £3000.00 on an "economic basis and entirley without any prejudice to any rights or actions our client has against you" they have lost me here by economic basis do they mean something like "special damages" and not acceprting the "general damages" claim?

any advice?

cheers in advance

Rick.

[mystery1]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Negotiation 101 - Never start at your final offer.

M1

[ncf355]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

When they say economic, I believe that they are saying they weighed up against legal costs if you were to proceed

This would likely Fall into small claims, so even if they won they couldn't get their costs back

[ncf355]

Re: Case law regarding general daamges for wrongful defaults.

Very interesting to see they offered 3k

[pt2537]

Re: Case law regarding general daamges for wrongful defaults.

I have had a final response for my own case ( erroneous default but only placed on callcredit) it took two years for the default to finally come to light, as I had accounts with equifax and experian. I had not heard of callcredit until feb this year when at last I got a real answer as to why a motgage application failed. (this was about the 12-15th in a 2 year period, no povider ever mentioned callcredit. even though I found searches on my file)

They have admitted responsibilty but have ignored my using kpoharar and mitigated Durkin on the basis his "general damages" award was based on the length of time it went on for. I can't find any real reference to the time scale apart from the 2nd and 3rd
heads of loss which were claimed.

they have offered me £3000.00 on an "economic basis and entirley without any prejudice to any rights or actions our client has against you" they have lost me here by economic basis do they mean something like "special damages" and not acceprting the "general damages" claim?

any advice?

cheers in advance

Rick.

I think each case will turn on its own facts. As M1 says, you never start with the best offer, there may be room to negotiate in this case with the opponent.

[Rickmaudib]

Re: Case law regarding general daamges for wrongful defaults.

Very interesting to see they offered 3k

I haven't put a figure to them that I'm claiming, but I have said that I'm out of pocket to approx 7,000-9,000 and have suffered from depression, backed up with medical notes. they have admittted putiing the default on even though I did a voluntary termination which was all above board.

So, I believe they could not win in court and would be at the discretion of the judge on that day. and the legal costs.

their argument to mitigate the Durkin case, was that as i had only had the default registered against Callcredit, I could'nt show all my mortgage rejections were due to it. however I have argued that because I knew nothing about it, I had amassed credit searches which would have affected the lenders view of me even if they did'nt use callcredit.

I also argued that.It was hard to prove it wasn't the default that stopped me, as lenders only make vague allusions to why you were declined. and my equifax and experian were pretty good, I assumed it was a couple of (1) late payments that was causing the problem.

However the week after the default was removed the first application I made for a mortgage was approved.(on the back of 5 failed applications in the space of 4 months) I find this to be a reasonable pointer to the default having caused me so much heartache.

cheers

Rick.

[mystery1]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Well you can negotiate and/or build a case.

If you don't know what you want then it's hard to do either.

One thing i do know, never go to court just to "win" because a win of £8000 is nuts if they'll give you £8500 to settle.

M1

[pt2537]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Well you can negotiate and/or build a case.

If you don't know what you want then it's hard to do either.

One thing i do know, never go to court just to "win" because a win of £8000 is nuts if they'll give you £8500 to settle.

M1

Absolutley

[Guest]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

I generally adopt times by three approach and figure to settle on around half of that, but others may dissagree.

[Rickmaudib]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Thanks Andy.

but do you mean 3x the offer of 3,000? I presume so.

I was thinking of putting a rough figure on what I'm looking to go to the f.o.s. with.

Which is:-

general damages I.e. injury to credit,distress etc. re durkin and Khoprafor ( roughly £11,000)

and special damages of £9,000

that might get their attention.

[Guest]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Thanks Andy.

but do you mean 3x the offer of 3,000? I presume so.

I was thinking of putting a rough figure on what I'm looking to go to the f.o.s. with.

Which is:-

general damages I.e. injury to credit,distress etc. re durkin and Khoprafor ( roughly £11,000)

and special damages of £9,000

that might get their attention.

No just general negotiating tactics, someone makes me an offer I multiply it by three and make a counter offer then bargain from there.

No such thing as general damages on this kind of claim unfortunately, you will have to show at least some indication of loss or a reasonable explanation of why you would have suffered damage.

I would avoid the term if it were me, they may just say, sorry actual damages only.

[Rickmaudib]

Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

Thankyou for your input.

[Rico]

Re: Case law regarding general daamges for wrongful defaults.

"general damages" award was based on the length of time it went on for

It was based on mere injury to credit as applied to Kpohraror & King who were screwed for a few days. The time wasn't taken into consideration.

Glad to hear you're getting sorted.

Rico.

[Guest]

Re: Case law regarding general daamges for wrongful defaults.

It was based on mere injury to credit as applied to Kpohraror & King who were screwed for a few days. The time wasn't taken into consideration.

Glad to hear you're getting sorted.

Rico.

Nope the cases mentioned were actual loss , business reputation etc. there has never been any award for mere "injury to credit".
Bags of subsequent case law on this thread will contirm , most mentions theses judgments.

[Sparkie1723]

Re: Case law regarding general daamges for wrongful defaults.

Nope the cases mentioned were actual loss , business reputation etc. there has never been any award for mere "injury to credit".
Bags of subsequent case law on this thread will contirm , most mentions theses judgments.

See Lord Nicholls in

Wilson v First Counties Trust

Sparkie