Guardian News and Media/London
A man embroiled in a massive 16-year legal battle over a laptop is celebrating a victory of sorts in his David-and-Goliath case after the Supreme Court found in his favour.
But Richard Durkin, 44, who claimed a division of HSBC had “annihilated” his credit rating, was left bitterly disappointed that he will not receive the six-figure sum he was seeking.
Instead, because of a legal technicality, he will have to make do with £8,000 damages.
“It’s victory, but they didn’t have jurisdiction to help me in the end, which is disappointing,” Durkin told the Guardian immediately after the judgment.
“But I’m pleased for the consumer. A lot of people will benefit from this it’s massive.”
Had Durkin lost, he would almost certainly have faced bankruptcy, as he could have been hit with a legal bill for an estimated £300,000, on top of his own £250,000 legal bill.
His legal team is now likely to argue that HFC Bank, a division of HSBC, and PC World - the other party in the case - should pay their own costs, plus at least some of Durkin’s.
Durkin took his case to the UK’s highest court after claiming HFC wrecked his credit rating following a dispute over a credit agreement he signed when he bought the £1,500 laptop at his local PC World in Aberdeen in 1998.
He argued that being wrongly blacklisted meant he was unable to buy a home.
Papers lodged with the court said Durkin alleged the bank’s conduct “amounted to extortion”.
Giving the judgment, Lord Hodge said Durkin had “validly rescinded” the credit agreement.
The legal row is seen as an important test case for thousands of people who say their lives have been ruined after black marks were put on their credit files, and is likely to open the floodgates to many similar cases.
Durkin said: “Although I am disappointed that the Supreme Court was unable to restore to me the full damages awarded by the sheriff even though it was clear that they were sympathetic to my position on this, his 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.
“Taking a case to any court is a huge stress, but taking it to the highest court in the land with all the risks that go with it was the most stressful thing that anyone could voluntarily put themselves through.
“But sometimes you have to do what is right and not what is easy. This case was not all about me it was about principle for all consumers. I always felt that PC World and HFC Bank had acted disgracefully towards me, and I have now been proved right.”
Durkin said he was grateful to his legal team and everyone who had worked on a pro bono basis to take the case. “But I am most grateful for an end to this matter now, having fought a long and difficult battle which at last is over,” he added.
