Richard Durkin wins 16-year PC World laptop credit dispute with HFC bank – The Independent
Richard Durkin, 44, bought the laptop from PC World in Aberdeen in 1998. He paid a £50 deposit and signed a credit agreement with lender HFC Bank for around £1,500, Supreme Court justices heard.
He returned the computer the next day because it did not have an internal modem, and asked for the credit agreement to be cancelled.
HFC said he had to keep making payments and after he refused the bank issued a default notice leading to him being blacklisted for credit.
PC World has previously argued that Durkin bought the laptop knowing that it did not have an internal modem. Durkin claimed the financial blacklisting had a major impact on his finances and prevented him from buying a family home in Spain in late 2003.
Mr Durkin took his case to court arguing that he had “validly rescinded” the credit agreement and initially won damages of £116,000.
That ruling was subsequently overturned. The Supreme Court today ruled in his favour, saying he was entitled to rescind the credit agreement and had done so “validly”.
Five justices delivered their decision at a hearing in London. He took his fight to the Supreme Court – the highest in the UK – after losing an appeal in a Scottish court.
Mr Durkin said today that he was disappointed the Supreme Court did not restore the full damages of £116,000 awarded by a Scottish court.
He told BBC News: ‘This decision is a great victory for all consumers and I am proud to have been the driving force behind it.”
“As a result of the decision, no consumer will have to endure again what I had to put up with – the loss of the ability to buy a family home because of wrongful blacklisting of me.”
“Sometimes you have to do what is right, and not what is easy,” he added.