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

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?

[Amethyst]

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

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

[Sparkie1723]

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

[Amethyst]

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

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

[Celestine]

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.

[Amethyst]

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

4 weeks to go ?

[Sparkie1723]

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

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

[ncf355]

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

Baited breath, or what!

[Celestine]

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

Judgment expected in about 6 weeks :beagle2222:

[ncf355]

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?

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

I hope common sense shines through, it usually does in the SCJ,

It didn't in the bank charges case.

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.

[ncf355]

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

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

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

Halliday I couldnt' find it on here

[Amethyst]

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

It's slightly more complex in that it was a Woolwich current account overdraft that was defaulted at the time and had already come off the file by the time barclays bought Woolwich and weirdly started sending me bank account statements again for an invented barclays account, then after I went to a meeting with the bank manager he accepted it was wrong , closed the account and wrote off the ''Debt'', THEN stuck blips on my credit file. Think I have a thread here somewhere. I'm not fussed about it, else I'd have sorted it before now, was just by way of example.

http://www.legalbeagles.info/forums/...light=woolwich