Скачать или смотреть UK Supreme Court Judgments 26th March 2014 - Part 2

[2014] UKSC 21

UKSC 2012/0135

Durkin (Appellant) v DSG Retail Ltd and another (Respondents) (Scotland)
On appeal from the Court of Session (Scotland)

The appellant has faced a 16 year legal battle on a credit disagreement case regarding the purchase and subsequent return of a laptop. The Appellant agreed to purchase the laptop on the understanding that if it transpired that it did not have an inbuilt modem he could return it.
On discovering that the laptop did not have an inbuilt modem, the Appellant returned the laptop the next day and sought repayment of his deposit and cancellation of the credit agreement. This was refused subsequently leading to a default notice on the Appellant, and the Appellant being reported to certain credit reference agencies. The issues in this case is whether there ever was a valid loan agreement between the Appellant and the Second Respondent and if there was a valid agreement, whether the right to rescind was a "like claim" in terms of s.75(1) of the Consumer Credit Act.

The court allows Mr Durkin's appeal.