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

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  1. #701
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Puts you off standing up for yourself and seeking justice somewhat doesn't it.

    Costs in Roberts v Bos were bonkers too, not quite £100k bonkers - about £35k as I recall - even though she won as well


    EDIT: just checked was £20k see attached ( mights as well been £100k though)
    Attached Thumbnails Attached Thumbnails robertsboscosts.jpg  
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  2. #702
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Quote Originally Posted by Tools View Post
    What was the order made on 10th February?
    Similar. It had failed to differentiate between HFC & PC World costs. Totally ignoring the fact that it's them that screwed us!

  3. #703
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Quote Originally Posted by Amethyst View Post
    Puts you off standing up for yourself and seeking justice somewhat doesn't it.

    Costs in Roberts v Bos were bonkers too, not quite £100k bonkers - about £35k as I recall - even though she won as well


    EDIT: just checked was £20k see attached ( mights as well been £100k though)
    She had to pay the bank too?

    Aye, I can see now why folk fight crime with crime.

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

    Quote Originally Posted by Amethyst View Post
    How come it has ended up with you having to pay costs ?
    That's the £100K question! Surely, we've a right to know?

    I smell corruption. A unanimous ruling saying a default doesn't stop folk getting a mortgage? And then, after a year, this?

    My offer to them was not to sue if they removed the default. Considering they'd already been screwing us for 4 years, I thought that to be more than reasonable.

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

    Quote Originally Posted by pt2537 View Post
    David Jones @ PI costing is a good costs draftsman in my opinion.
    Thanks PT. We're screwed anyway. The "supreme" court has ensured that. It seems I'll need to apply for legal aid just to sort expenses!

  6. #706
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    did they counter offer anything?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

    Quote Originally Posted by Amethyst View Post
    did they counter offer anything?
    It wouldn't have cost them anything to remove the default as requested. They didn't even offer that!

    All offers after failing to remove the default were derisory and in any case, came far too late.

  8. #708
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Depends on what basis they were made I'd guess. It's horrid but you'll just have to wait for the costs guys to sort through everything. Did you have insurance or anything ?


    Your damages should be just under £18k with the stat interest from Aug 99. Doesn't help much if you're facing £100k costs.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

    Quote Originally Posted by Amethyst View Post
    Puts you off standing up for yourself and seeking justice somewhat doesn't it.

    Costs in Roberts v Bos were bonkers too, not quite £100k bonkers - about £35k as I recall - even though she won as well


    EDIT: just checked was £20k see attached ( mights as well been £100k though)
    Ooer - so the Court of Appeal dismissed BoS's appeal, awarded £7,500 to Roberts, and she still got a costs bill of £20K!?

    Does this include the original £10K or so that she owed the bank? With interest (contractual?) on top? Or is it purely legal fees?

    Seems a bit harsh

  10. #710
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Just the legal fees.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  11. #711
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    After reading all the latest and what has happened elsewhere I can understand why the banking/finance industry behaves as it does, it realises it is un-touchable. When we these people truly pay the price for the things they have done?

  12. #712
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Even in our case the Appeal Court went to the ends of the earth to try an rule against us on every single point.
    I still agree with pt and Tom's argument about the oral possession order not being lawful in that can be acted on immediately it is spoken, as it means that a bailiff can evict you from your home or repossess anything without a written Court Order just tell the owners the Court has said so.........and if you ask to see the Court Order tell you ..........we don't need a written order......Give us the keys to your house or car or what ever............and the lender can then apply record of the judgement and default your credit file.
    This is the Fair Unbiased English Justice System so admired and renowned through out the world.
    This justice system not only pulls the wool over our eyes but the rest of the world as well.

    Sparkie's weekly or daily rant over

  13. #713
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Quote Originally Posted by Sparkie1723 View Post
    Even in our case the Appeal Court went to the ends of the earth to try an rule against us on every single point.
    I still agree with pt and Tom's argument about the oral possession order not being lawful in that can be acted on immediately it is spoken, as it means that a bailiff can evict you from your home or repossess anything without a written Court Order just tell the owners the Court has said so.........and if you ask to see the Court Order tell you ..........we don't need a written order......Give us the keys to your house or car or what ever............and the lender can then apply record of the judgement and default your credit file.
    This is the Fair Unbiased English Justice System so admired and renowned through out the world.
    This justice system not only pulls the wool over our eyes but the rest of the world as well.

    Sparkie's weekly or daily rant over
    Hmm unfortunately there is no requirement for the order to be in writing in the CCA as there is in the case of a re-possession, it is a matter of interpretation.

  14. #714
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    [QUOTE=andy58;524108]Hmm unfortunately there is no requirement for the order to be in writing in the CCA as there is in the case of a re-possession, it is a matter of interpretation.[/Q UOTE]

    HUllo andy.but if you study our judgement the judges refer to other verbal orders being actionable upon....not just possession orders and do not mention the CCA...furthermore .what they did not consider is M's Caravan had been repossesed by the Carvan Site owners some 2 months before even the oral order had been give...and they were " allegedly" agents of B/H. So they argued in Court when challenged about the £5,500 secret commission .
    However this should be on the Caravan thread not Ricos.
    This is about wrongful incorrect Defaults which M's Default entry on her credit file is still incorrect and inaccurate because their systems cannot record it caccurately....and our ruling says that if an accurate registration cannot be achieved .....it should not be recorded.
    Sparkie

  15. #715
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Yes sparkie but again if you study your case the reason the judge dismissed the section 90 claim was because there was a verbal order , as per your first post.
    There is no requirement for a written order in relation to an order issued for repossession in the cca (the van was on credit covered by the CCA) there is a statutory requirement for a written warrant of repossession in the case of a house .

  16. #716
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    Default Still seeking redress following Supreme Court cock-up.

    Hi Folks,

    HSBC still unwilling to pay appropriate redress.

    I've started a seperate thread in my preparations for phase 2:

    http://www.legalbeagles.info/forums/...487#post539487

    If the politicians won't fix the judiciary, it'll end up even more of a bloody mess.

    Let's see what the new lot do in May. If Labour or Tories get back in it's unlikely we'll see any convicted bankers.

    Cheers,

    Rico.
    Last edited by Rico; 27th April 2015 at 17:33:PM. Reason: Spelling

  17. #717
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    Default Re: Still seeking redress following Supreme Court cock-up.

    Hi Folks,

    This month, I've ended up with a mortgage-sized legal debt. (£300K+).

    I managed to recover only £3K after my own lawyer closed the case on 28th December 2016, before I had a chance to lodge a motion for interest on outlays after taxation (£200K down the tubes in one fell swoop). I only had 2 days and I was out of the country.

    He had advised me that I needed to lodge the motion but gave me no opportunity to do so.

    Just to add further injury he gave me a final bill of £15K and the judges also ordered me to pay PC World and HSBC £12K.

    This case was far from won and I continue to struggle to find justice through the maze of dodgy judges, politicians and lawyers!

    Rico

  18. #718
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    Default Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14

    Oh hell, that is a crazy and unfair outcome Richard, I am so gutted for you. Do you have any case against your lawyer for closing the case with so little notice?? After all 28th December is right in the middle of the Xmas break? Most firms close between Xmas and first working day of New Year? XX
    :beagle:
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