NE Scotland, Orkney & Shetland

Man loses 18-year credit rating wrangle

Richard Durkin

A man who has spent 18 years fighting a legal battle over a laptop has failed to win £600,000 from a bank.

Richard Durkin claimed the HFC bank ruined his credit rating after he tried to pull out of a credit agreement when he returned the £1,499 computer to the Aberdeen branch of PC World.

In 2014, judges at the UK Supreme Court awarded him £8,000.

The Court of Session has now refused the offshore worker's appeal for £600,000.

He had handed over £50 and signed a credit agreement with HFC in 1998, but said he was told by a sales assistant at the store in Aberdeen that the laptop could be returned if it had a problem.

He later discovered that the laptop did not have an inbuilt modem.

Size of damages

Mr Durkin was eventually paid back the £50 by PC World but HFC said he was still required to make payments under the terms of the credit agreement.

In 2008 Aberdeen Sheriff Court ruled that he was entitled to reject the laptop and cancel the sale and the credit agreement and awarded damages of £116,000.

The decision was overturned later by judges at the Court of Session in Edinburgh after Mr Durkin himself appealed against the size of the damages.

The Supreme Court then awarded him £8,000, which Mr Durkin said was a victory for the consumer but a blow for him personally.

Appeal judges Lady Paton, Lord Drummond Young and Lord Malcolm have now ruled that Mr Durkin's latest action had to fail.

The judges ruled that the matters brought to the court in the latest claim had already been decided two years ago in the Supreme Court.

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