PC World 16 year court case in today's DM

A question about : PC World 16 year court case in today's DM

https://www.dailymail.co.uk/news/arti...ow-laptop.html

I hope he wins his court case.

It's interesting the mention of his credit rating and his Spanish property falling through

Best answers:

• Also isn't it interesting that HSBC didn't waive the agreement ?
• It's a good job he didn't start this litigation with Comet!
• Some people let their "principles" get in the way of their common sense.
• Hopefully people will cease referring to Durkin as an example of 'consumer power' - it would appear the entire history of this affair has been one I'll-informed decision after another leading to the termination of a relationship and generally a Quixotic ferver in refusing to discontinue pursuit when there is much better things to waste money on.
  A shame - but perhaps a useful guide to setting a goal and sticking yo it. This has simply spiralled out of control.
• I once worked in a shop where a woman waged a 3-year campaign over a packet of clothes pegs that cost Ј1.99, so this doesn't surprise me in the least.
• I'd be surprised if he won his case. I'm not surprised the original damages were overturned.
  Most of the things he is claiming for are of his own doing.
  He has a contract with the retailer for the goods. He then had a contract with the finance house to pay money, they'd forwarded to PC world.
  You don't just "stop paying". That's cutting off your nose to spite your face. He originally sued PC world for the Ј50 deposit, yet ignored the fact he had signed a contract for finance.
  So just stopped paying. Then he got a black mark, bad credit rating, refused mortgages. That's all his own fault.
  I think there's more to this than has been reported. A default will be long gone by now and he's had "high credit card spends". You have an issue with a product being miss sold. You don't just stop paying and forget the financial contract ever existed, then try and sue for the consequences of your own actions. You deal with the retailer and credit company and initiate small claims, if none are helpful. Whilst still paying and get the money back afterwards.
  What he's done by the looks of it, is just refused to pay the finance or acknowledged he even signed a financial agreement. As why just initially sue for a deposit? Why not get the whole finance wiped out.
  So he's been escalating it over the years until the situation as it is now as he's damaged his own credit file, by his own actions and wants someone else to pay. He hasn't known when to stop or how to do it correctly.
• all he had to do was open the box and check that it worked or ask to see a demo modell (or just buy a pcmcia expansion card - which im sure it would have slotted into the laptop and provided modem capabilities).
  Or just buy an external modem and plug it in via LAN cable. So many options but instead he:
  1) refused to inspect product himself, instead relied on the word of the salesman which means nothing. All he needed to do was read the box for features.
  2) hiring bloodsucking lawyers who are just yesmen who will take on your case if you have money and bleed you dry. Obviosuly hadn't informed him that getting the Ј50 cancelled is meaningless and the real issue lies with the credit file.
  3) being too arrogant to know when they've gone too far and just to cut their losses. Escalated the lawsuits further, throwing good money after bad.
  Obviously papers like daily fail will champion idiots like him, because they want the nation of gullible cretins to spout their nonsense to.
• Actual case.
  https://www.bailii.org/scot/cases/Sco...010CSIH49.html
• I've skimmed through the actual case. So, he didn't actually cancel the finance agreement, just told them he wasn't going to pay. Not the most sensible thing to do.
• Why didn't he make the payments while fighting the case?
  Guy sounds like a fool.
• he had a piece of gold dust there. Retailers will simpy, dispute what a salesman "told" him.
  If he managed to get pc world to cancel the transaction that means pc world agree (or are forced to accept) that they mis sold.
  Once you have that it should be relatively strraight forward to get the finance company to act. But he chose to play stupid - just like when he bought the laptop without reviewing specs. He got his Ј50 and felt smug. Probably thought it would be enough to say up yours to the finance and move on.
  He might get the finance company to cancel the finance and update the credit file because a judge ruled that he was missold.
  But I suspect the judge is not going to force defendant to pay plaintiffs legal costs because plaintiff was partly to blame for the !!!! up.
• I think she did in the end ! The company caved in eventually, she was considering legal action as well....she'd bought the pegs, forgotten about them in a drawer for TWO years, and when she found them again they had rotted away or something. She claims they're not fit for purpose and goes to war for a couple of quid !