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

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  • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

    Halliday I couldnt' find it on here
    Attached Files

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    • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

      Originally posted by andy58 View Post
      I think the court decided that there was no answerable breach of either the DPA or a duty of care, also that there were other issues which would have effected the plaintiffs ability to gain credit so no provable loss.
      In addition the court decided that the previsions of the act were sufficient to deal with cases like this and the application of common law tort was not necessary.

      Wasn't the more damning issue with Smeatons case that Equifax had not been shown evidence of why they should out it right?

      He was making an assumption that they should have made enquiries without him (Smeaton) first contacting them and raising an issue and the judges sided with Equifax saying that was unreasonable, that they could only be expected to rely on what the was passing to them as being an honest appraisal? (and they also showed they had reasonable checks in place )

      I think however a lot of creditors have read to far into this and now seem to have tried to apply it as a broad brush in that even when a debtor is showing them reasonable proof to question the existence of damaging data, they seek to rely on this - I believe if put before a judge (as I say, with reasonable proof that the creditor has not shown the required due care) this alleged support would be easily defeated

      Comment


      • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

        Yes there were a number of issues and also the fact that the bankruptcy itself may not have caused the problem with his credit, which refers to consequential loss again, not just the fact that the incorrect data was placed.

        There is a lot more on this aspect in Halliday.

        Comment


        • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

          Originally posted by Amethyst View Post
          I hope common sense shines through, it usually does in the SCJ,
          It didn't in the bank charges case.

          Comment


          • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

            dont suppose we are likely to have a clue when judgment will be handed?

            Comment


            • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

              Judgment expected in about 6 weeks :beagle2222:
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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              • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                Baited breath, or what!

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                • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                  Originally posted by Celestine View Post
                  Judgment expected in about 6 weeks :beagle2222:
                  If it is in Richards favour it could also have impact on our data protect act claim in our appeal.........hopefully!!
                  Sparkie

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                  • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                    4 weeks to go ?
                    #staysafestayhome

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

                    Received a Court Claim? Read >>>>> First Steps

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                    • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                      I spoke with Andrew Smith QC on Monday and yes, looks like 4 weeks to wait still.
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                      Comment


                      • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                        http://www.legalbeagles.info/forums/...544#post410544
                        #staysafestayhome

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

                        Received a Court Claim? Read >>>>> First Steps

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                        • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                          IMO There is one thing certain if the Supreme Court find in Richards favour ........creditors will be VERY carefull in registering a default on anyones credit file in the future...........instead of it being partly automated......they will have to have someone thinking about it and getting it 1000% correct.

                          Sparkie

                          Comment


                          • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                            Originally posted by Sparkie1723 View Post
                            IMO There is one thing certain if the Supreme Court find in Richards favour ........creditors will be VERY carefull in registering a default on anyones credit file in the future...........instead of it being partly automated......they will have to have someone thinking about it and getting it 1000% correct.

                            Sparkie
                            You'd think that would be happening already with earlier Durkin judgments and Khoprahor (can never spell that)
                            #staysafestayhome

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

                            Received a Court Claim? Read >>>>> First Steps

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                            • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                              An artist's account of the SC hearing

                              http://ukscblog.com/supreme-court-art-risky-credit/

                              http://isobelwilliams.blogspot.co.uk...upreme%20Court

                              I can make out Andrew Smith QC but is that our Kate sitting next to who looks like Richard?
                              Last edited by EXC; 17th February 2014, 08:01:AM.

                              Comment


                              • Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                                That's such a lovely article.
                                #staysafestayhome

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

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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