An offshore worker who racked up £250,000 in legal bills during a 16-year legal battle over a laptop has won his case – but will only receive £8,000 in damages.
Richard Durkin, 44, claimed HFC bank ruined his credit rating after he tried to pull out of a credit agreement when he returned a £1,499 computer to PC World in 1998, only to be accused of defaulting on his loan.
He described yesterday’s decision by the Supreme Court as a “fantastic result” for consumers but said, for him, justice had not been done.
The Aberdeen father-of-two launched legal action after he tried to buy a house in Spain in 2003, but the sale fell through when he was unable to get a mortgage due to financial issues.
Mr Durkin, of Springhill Road, Northfield, took his case to court and was awarded £116,674 in compensation at Aberdeen Sheriff Court.
However, the Court of Session later cancelled Mr Durkin’s payout, ruling that the credit agreement was not cancelled when the equipment was returned.
In the latest twist, the highest civil court in the land allowed his appeal and ruled he should receive £8,000 in damages.
The outcome will have a knock-on effect for consumers who have faced a similar ordeal.
Mr Durkin said yesterday: “The reason I sued the bank is because they prevented me from starting up a family home.
“The Supreme Court has accepted there’s no evidence to say the default stopped me from buying a family home so there’s no justice for me – it’s been a very stressful time for all of us.
“I don’t have any faith in the Scottish legal system after what happened at the Court of Session. It’s shocking.
“But this is a fantastic result for the consumer – everyone else can breathe a sigh of relief.”
Mr Durkin said he paid £50 and signed a credit agreement with HFC in 1998, but was told by a sales assistant at the old PC World store at Berryden, Aberdeen, he could take it back if it had a problem.
But when he tried to return it because it lacked a modem, he was told he was locked into a credit agreement.
A statement on behalf of HFC bank said: “We note the court’s judgment and are pleased that this matter has finally been resolved.”