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

[pt2537]

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

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.

[ahflibra]

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

[ncf355]

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!

[Sparkie1723]

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

Done Rico and my partner has signed it
Sparkie

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

Yes indeed, and so it should IMO.

[Rico]

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

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.

[Sparkie1723]

Re: Richard Durkin / PC World supreme court

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

Re: Richard Durkin / PC World supreme court

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 ?

[EXC]

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

[Celestine]

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

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!!?

[ncf355]

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

Yes.

LOL

Succint and to the point, like it!

[Rico]

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

Is it Smith and Pugh still Rico ?

Yes.

[Rico]

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

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.

[ncf355]

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

Sorry,

I've allowed myself to get a little confused along the way

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?

I ask as I had a case a few months ago where I attempted use of the King v British linen and the judge just wouldnt even consider it due to it being Scottish

Thanks

NcF