Supreme Court allows appeal and confirms credit agreement was validly rescinded
By Waine Mannix
After Mr Durkin’s 16-year-long battle, the Supreme Court has ruled that he validly rescinded his credit agreement. This article looks at the implications for the decision.
HFC, his bank, was under a ‘delictual duty to investigate that assertion in order reasonably to satisfy itself that the credit agreement remained enforceable before reporting to the credit agencies that he was in default’.
Mr Durkin purchased a laptop in 1998 and made it clear at the point of purchase that he wanted one with an internal modem. The sales assistant, unable to ascertain whether or not the laptop in question had the requisite internal modem, agreed that Mr Durkin could return it should he find that it had not. Mr Durkin paid a £50 deposit and financed the rest of the laptop by way of credit agreement with HFC Bank plc…
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