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

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  • #106
    Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

    Originally posted by ncf355 View Post

    If this goes Richard's way (and I wish you all the luck in the world with it), is this automatically binding on English courts?
    Yes.
    • 2 likes

    Comment

    • #107
      Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

      Originally posted by Amethyst View Post
      Is it Smith and Pugh still Rico ?
      Yes.
      • 2 likes

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      • #108
        Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

        Originally posted by Rico View Post
        Yes.
        LOL

        Succint and to the point, like it!
        • 1 thank

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        • #109
          Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

          Originally posted by ncf355 View Post
          LOL

          Succint and to the point, like it!
          He's had 16 years of arguing these points......I imagine he's learnt to keep things succinct!!?
          "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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          • #110
            Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

            The Supreme Court have published the issues to be decided:

            Issue

            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


              http://supremecourt.uk/current-cases...2012_0135.html
            • 6 likes

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            • #111
              Re: Richard Durkin / PC World supreme court

              Originally posted by Rico View Post
              Hi Folks,

              News just in last night that the Supreme Court have ruled by majority that they're not willing to consider the Section 56 argument.

              Although it fits perfectly with the condescendence, facts and evidence, previous counsel did not put enough emphasis on it.

              This clears the path for the court to sort out Section 75 for the benefit of all of us.

              The fact that 2 of the justices were willing to consider Section 56 bodes well as that would have blown HFC clean out of the water.

              Cheers,

              Richard
              I am a bit confused here, was this not the same argument as point 1 above, are there other grounds for contesting the existence of a credit agreement ?

              Perhaps the common law element mentioned earlier ?

              Comment

              • #112
                Re: Richard Durkin / PC World supreme court

                Originally posted by andy58 View Post
                I am a bit confused here, was this not the same argument as point 1 above, are there other grounds for contesting the existence of a credit agreement ?

                Perhaps the common law element mentioned earlier ?
                So am I andy.......couldn't it be argued under loss of bargain ....or if there was/is an agreement ....surely it must be an extortionate one ....paying for goods on a credit agreement ...... goods you haven't got.? Where's the fair balanced bargain there?

                Maybe I'm more confused than you?.

                Sparkie
                e
                • 1 thank

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                • #113
                  Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                  Also

                  Will the general losses issue have to be re-decided, or will the previous judgment just apply to the hopefully successful outcome of the other issues, if they are, the precedent will apply to any default incorrectly placed in similar circumstances presented in any UK court.

                  Comment

                  • #114
                    Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                    It seems good news that the very existence of the contract is being questioned and in any case, Section 75 will get sorted.

                    New government petition to tie in with Supreme Court showdown. Please show your support. http://epetitions.direct.gov.uk/petitions/59291
                    • 1 thank

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                    • #115
                      Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                      Originally posted by Rico View Post
                      It seems good news that the very existence of the contract is being questioned and in any case, Section 75 will get sorted.

                      New government petition to tie in with Supreme Court showdown. Please show your support. http://epetitions.direct.gov.uk/petitions/59291
                      Yes indeed, and so it should IMO.

                      Comment

                      • #116
                        Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                        Originally posted by Rico View Post
                        It seems good news that the very existence of the contract is being questioned and in any case, Section 75 will get sorted.

                        New government petition to tie in with Supreme Court showdown. Please show your support. http://epetitions.direct.gov.uk/petitions/59291





                        Done Rico and my partner has signed it
                        Sparkie

                        Comment

                        • #117
                          Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                          Hi Rico,

                          Just in case I forget, the very best of luck with this, we are all rooting for you and the potential impact a good result could have for you and the wider community

                          Go get 'em!

                          • 1 thank

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                          • #118
                            Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                            To Rico

                            the very best to yourself and your legal team , I'm sure you will get the justice that's well deserved after this long battle
                            " Courage is what it takes to stand up and speak , Courage is also what it takes to sit down and listen ". By Winston Churchill
                            • 1 thank

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                            • #119
                              Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                              Originally posted by ahflibra View Post
                              To Rico

                              the very best to yourself and your legal team , I'm sure you will get the justice that's well deserved after this long battle
                              indeed my thoughts too, although the only worry is a Reserved Judgment, as we will then have to wait up to three months for the outcome.
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.
                              • 3 likes

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                              • #120
                                Re: Richard Durkin v HFC / PC World supreme court hearing 28th January 2014

                                Originally posted by pt2537 View Post
                                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" ?
                                • 2 likes

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