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

Just a reminder that the Durkin case should be live streamed on the Sky Supreme Court site from 10.30 (tomorrow) http://news.sky.com/info/supreme-court

I say 'should' because there's a Privy Council hearing at the same time and Sky policy is that ''on days where more than one Supreme Court case is being heard, we select the case likely to be of greater public interest to be streamed on this service.''

But given that the other case is a judicial review from the jurisdiction of Antigua and Barbuda I can't see it being of greater public interest.

[Sparkie1723]

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

A bit of a coincidence.

http://services.parliament.uk/bills/...merrights.html

Section 9 is worth a read Rico. I know its not in existence yet ...but could give some more ideas.

Sparkie

[Rico]

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

A bit of a coincidence.

http://services.parliament.uk/bills/...merrights.html

[ncf355]

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

Sounds pretty damn right to me

Last judge I had was an absolute joke, and if anything that particular one irked me more than any of the others I'm considering taking on

A certain payday lender had marked a default on my file (it had been there approx 3 months before I noticed it) - this despite the fact I had never had a loan with ANY payday lender EVER

I took them to court and it came out that during the application process one of the CRA's flagged that the address was one I hadn't lived at for over 6 years, but because another CRA didn't flag this they felt it appropriate to allow the loan!

Despite this, the DJ said they had shown reasonable care and told me I was lucky they weren't applying for costs (despite it being squarely inside small claims)

As I said, this needs sorting if only so the various judges currently allowing banks to ride roughshod over peoples credit files (and lives!) get it set square in their heads it isn't acceptable!

[Sparkie1723]

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

Scottish Law ....You can't get away with damaging someones credit status and get away with it....but
English Law you can..........is that Equal Rights to UK citizens........
Moaning old Sparkie

[ncf355]

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

Will the supreme court be considering the amount of damages awarded for the "injury to credit" (that is, the general damages as opposed to the quantified losses)?

I admit that this question comes from a selfish interest as i have SEVERAL companies that are likely to take a beating from me if this is given clarity in a positive way by the SC

(and I'm sure that many here are in the same position and waiting with baited breath)

To me, it only seems logical that a creditor placing a wrongful default should have to make payment to the injured party merely for the act of placing it there, otherwise they could use the "quantified losses only" argument forever and just carry on damaging a persons credit file without fear of consequence.

After all, in my case I have no existing credit, so if I am turned down for a credit card/loan etc how can that be quantified? it's purely about denying me the access to the credit that is available to most people.


I have been told by a very well respected forum member that Khoporaror would not be a sufficiently persuasive argument due to K being based around a contract to honour a cheque, and as I have had King v British Linen also denied to me by a DJ due to it being Scottish, this case really does seem like our only hope to get this issue sorted once and for all.

Or am I overplaying the likely benefits?

[PlanB]

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

Then I sourced this thread where Eloise01 explained eep:

:eek2::eek2::eek2::fear::fear::fear::scared::scare d::scared:

I share your pain Miss FM

At least this was the sensible outcome

[EXC]

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

Do you mean the Supreme Court don't factor the "wider implications" thing into their judgements?

No I just meant as they don't issue judgments on the day, they'll necessarily be reserved in any event.

[PlanB]

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

Do you mean the Supreme Court don't factor the "wider implications" thing into their judgements?

I do hope that's true but I'm full of cynicism on this one.

Perhaps I should add. If the Supreme Court rule in favour of this case then there will be hundreds or thousands of follow up claims in the pipeline .

[PlanB]

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

I don't think SC do take aways full stop.

Do you mean the Supreme Court don't factor the "wider implications" thing into their judgements?

I do hope that's true but I'm full of cynicism on this one.

[EXC]

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

It's likely to be a reserved judgment isn't it considering the "wider implications" ?

I don't think SC do take aways full stop.

[MissFM]

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

Stop showing off msl:


Ok most (or possible none of us) on here know what an "extempore judgement" is

Then I sourced this thread where Eloise01 explained eep:


http://www.legalbeagles.info/forums/...502#post320502

:eek2::eek2::eek2::fear::fear::fear::scared::scare d::scared:

[PlanB]

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

that does depend. The Court of Appeal for example in Kotecha gave an extempore Judgment

Stop showing off msl:


Ok most (or possible none of us) on here know what an "extempore judgement" is

Then I sourced this thread where Eloise01 explained eep:


http://www.legalbeagles.info/forums/...502#post320502

[pt2537]

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

It's likely to be a reserved judgment isn't it considering the "wider implications" ?

that does depend. The Court of Appeal for example in Kotecha gave an extempore Judgment

[PlanB]

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

although the only worry is a Reserved Judgment, as we will then have to wait up to three months for the outcome.

It's likely to be a reserved judgment isn't it considering the "wider implications" ?