Consumer Credit Support  
Bailiff Advice Online

Go Back   Consumer Credit Support > Consumer Credit Support > Credit Reference Agencies
FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 18-02-2010, 08:26 PM
nattie nattie is offline
Senior Member
 
Join Date: Jun 2007
Posts: 368
nattie will become famous soon enoughnattie will become famous soon enough
Default Durkin case et al

Was the Durkin case ever appealed against GE money if memory serves me right, ie wrongful default which cost the opposing side c.200k?

Has anyone got any info on Peters v. o2 which was a person suing o2 over late payments when they made payments online?
Reply With Quote
  #2  
Old 19-02-2010, 07:18 PM
michael michael is offline
Member
 
Join Date: Jul 2007
Posts: 34
michael is on a distinguished road
Default

Do you mean Durkin v DGS Retail and HFC Bank?:
http://www.scotcourts.gov.uk/opinions/A187_04.html
Reply With Quote
  #3  
Old 20-02-2010, 09:42 AM
nattie nattie is offline
Senior Member
 
Join Date: Jun 2007
Posts: 368
nattie will become famous soon enoughnattie will become famous soon enough
Default

Yes, and I have heard it has been appealed and that is due in March but I am not 100% clear on this one.

I think I may deal with the other case direct with the original reporter who did the article.
Reply With Quote
  #4  
Old 26-02-2010, 08:48 PM
sparkie1723 sparkie1723 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 2,533
sparkie1723 has a spectacular aura aboutsparkie1723 has a spectacular aura about
Default

Has anyone ever thought of using Section 140 of the New Consumer Credit Act against the CRA's ???...remember it carries no time limit and you do have a finacial relationship especially if you have an on line monthly account
Reply With Quote
  #5  
Old 27-02-2010, 12:53 AM
The Terminator's Avatar
The Terminator The Terminator is offline
Super Moderator
 
Join Date: May 2007
Location: Getting in a DCA's face
Posts: 1,940
The Terminator is a name known to allThe Terminator is a name known to allThe Terminator is a name known to allThe Terminator is a name known to allThe Terminator is a name known to allThe Terminator is a name known to all
Default

Quote:
Originally Posted by sparkie1723 View Post
Has anyone ever thought of using Section 140 of the New Consumer Credit Act against the CRA's ???...remember it carries no time limit and you do have a finacial relationship especially if you have an on line monthly account
Sparkie: That is a vey good point.What if an account is in dispute and does that not form the basis of S140.The way I see it is that if inaccurate information is being given to the CRA's then it would fullfill the test of S140.
What it needs as Judge Wakeman said in Carey vs HBSC is and Im going back to contract law the 7 elements to a contract.Judge Wakeman has applied that law to S78 which would be no different to S140 so in effect the rulings of carey & McGullick are complety wrong.

My take is that if the information cannot be given to the debtor than S140 comes into play thus creating an unfair relationship.Going on a little bit further does PPI cause there to be an unfair relationship under S140 as it has already been deemed by the FSA to be unfair/mis-sold.Which then leads us on to the CRA's who are reporting false information so if that test is passed then I see no problem with bringing S140 in to play not only against the creditor but also the CRA's which in their defence would be against the creditor.What Judge Wakeman has done in his judgement has actually caused an unfair relationship within the definition of S140.The reason being that he didn't go into depth.Section 140 states:

140A
Unfair relationships between creditors and debtors .(1)
The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following— .
(a)
any of the terms of the agreement or of any related agreement; .
(b)
the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; .
(c)
any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).
.
(2)
In deciding whether to make a determination under this section the court shall have regard to all matters it thinks relevant (including matters relating to the creditor and matters relating to the debtor). .
(3)
For the purposes of this section the court shall (except to the extent that it is not appropriate to do so) treat anything done (or not done) by, or on behalf of, or in relation to, an associate or a former associate of the creditor as if done (or not done) by, or on behalf of, or in relation to, the creditor. .
(4)
A determination may be made under this section in relation to a relationship notwithstanding that the relationship may have ended. .
.

Baically before you get to S140(2) the creditor cannot pass the test so therefore how can he judge in the creditors favour.Sparkie I can see no reason why a CRA can't be used under S140 my only negative side to this is that they would have to hold a CCL.Which then brings us into another debate are the CRA's governed by the CCA or the DPA.

Regards

Term
__________________
The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back

Last edited by The Terminator : 27-02-2010 at 12:55 AM.
Reply With Quote
  #6  
Old 28-02-2010, 02:58 PM
sparkie1723 sparkie1723 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 2,533
sparkie1723 has a spectacular aura aboutsparkie1723 has a spectacular aura about
Default

HI Term,

Section 140B(9) is even better

"If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary.”

sparkie
Reply With Quote
  #7  
Old 26-03-2014, 03:36 PM
dpick's Avatar
dpick dpick is offline
Senior Member
 
Join Date: Jun 2007
Location: Middlesbrough
Posts: 849
dpick will become famous soon enoughdpick will become famous soon enough
Default

Hi all have just seen on BBC Richard has won at supreme court

dpick
Reply With Quote
  #8  
Old 26-03-2014, 03:55 PM
Dragonlady's Avatar
Dragonlady Dragonlady is offline
Moderator
 
Join Date: May 2007
Location: Proud member of the CFC.
Posts: 10,998
Dragonlady has disabled reputation
Default

You are going to have give me memory jolt on this one?

What was the case he won today?
Reply With Quote
  #9  
Old 26-03-2014, 06:13 PM
wolfman wolfman is offline
Senior Member
 
Join Date: Jul 2010
Posts: 1,276
wolfman is on a distinguished road
Default

Quote:
Originally Posted by Dragonlady View Post
You are going to have give me memory jolt on this one?

What was the case he won today?
Durkin v DSG Retail Ltd & Anor [2014] UKSC 21

Last edited by wolfman : 26-03-2014 at 06:22 PM.
Reply With Quote
  #10  
Old 26-03-2014, 06:16 PM
dpick's Avatar
dpick dpick is offline
Senior Member
 
Join Date: Jun 2007
Location: Middlesbrough
Posts: 849
dpick will become famous soon enoughdpick will become famous soon enough
Default

I cannot get the link to work

This is link to BBC story

http://www.bbc.co.uk/news/uk-scotlan...tland-26731192

dpick
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT. The time now is 04:23 AM.


Powered by vBulletin® Version 3.6.7
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Consumer Credit Support