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

[EXC]

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

Nice one.

Hopefully the hand down will be televised live on the Sky site and on the SC You Tube channel.

[enaid]

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

More suspenders :doggieyes:

[Nibbler]

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

Nice one.

Hopefully the hand down will be televised live on the Sky site and on the SC You Tube channel.

That is what it says here:

http://supremecourt.uk/news/future-judgments.html

Future judgments

Wednesday 26 March 2014

09:45

Courtroom 1

Kennedy (Appellant) v The Charity Commission (Respondent)
Lord Neuberger, Lord Mance, Lord Clarke, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Toulson

Durkin (Appellant) v DSG Retail Ltd and another (Respondents)
Lady Hale, Lord Wilson, Lord Sumption, Lord Reed, Lord Hodge

Proposed bench for hand-down: Lord Neuberger, Lord Mance, Lord Wilson, Lord Toulson, Lord Hodge

The hand-down will be streamed on Supreme Court Live and will then be made available on the Supreme Court's YouTube channel.

[Amethyst]

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

Because I don't recall from the hearing (sorry), will the judgment when handed down make judgment on the credit file reporting as enforcement issue ref McGuffick ?

[Guest]

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

Because I don't recall from the hearing (sorry), will the judgment when handed down make judgment on the credit file reporting as enforcement issue ref McGuffick ?

No, the issue of recording the payment activity on an account, (enforceable or not) will not be effected. Reporting a default will still not be considered "enforcement" in CCA terms.

[Amethyst]

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

Ahh bumheads. I know it was discussed previously in the case but couldn't recall it being bought up during the SCJ hearing. Thank you xx

[Guest]

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

OOPs sorry wrong thread

[EXC]

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

Because I don't recall from the hearing (sorry), will the judgment when handed down make judgment on the credit file reporting as enforcement issue ref McGuffick ?

The issues the SC will make a judgment on are as stated:

1.Whether there was a valid loan agreement between the Appellant and the Second Respondent.

2.If there was a valid loan agreement, whether the right to rescind was a "like claim" under s. 75(1) of the Consumer Credit Act 1974.

Of course that doesn't mean to say they won't make a comment or finding on the credit file default which could be potentially helpful.

[Lucifa42]

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

Sorry if I'm asking a stupid question, but if the decision of the 2 questions above goes in Richard's favour - is there a question to be answered of compensation or will Richard then have to bring a separate case for that using this decision in support of it?

[EXC]

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

Although the Durkin judgment hand down doesn't appear on the Sky SC channel schedule, it's listed as being streamed live on the SC site. So just checked with SC and it's definitely being broadcast by Sky.

http://news.sky.com/info/supreme-court

http://supremecourt.uk/news/future-judgments.html

So, popcorn at the ready.

[Tools]

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

Just Lord Wilson & Lord Hodge handing down tomorrow then, pity I like Lady Hale & our old friend Lord Sumption. Doesn't give a time, or I can't see one, any ideas?

[enaid]

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

So, popcorn at the ready.

If it's owt like all the rest of the televised court thingy me jigs then I may purchase some illicit uppers to help me stay awake.
Only wake me with a POSITIVE result if I fail to get some :tinysmile_twink_t2:

[EXC]

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

There are 2 hand downs listed for 9.45, Durkin is listed as the second.

[Amethyst]

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

Lol@ Nelly.... judgments are much more fun


This could be a 'similar' case helped by the judgment of Durkin - http://www.legalbeagles.info/forums/...-existent-debt. Her set aside hearing is today.

[Tools]

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

Around 10.30am then I guess. Should be very interesting and hopefully they will also comment on the impact of CRA markers too, batten down the hatches I think this may cause an influx if positive judgment.