Re: A bit missing from this article that sheds a different light..
Not just a bit missing, but a bit of a misrepresentation.
The background to this can be read in the Court of Session report, which is a bit turgid, but quite readable.
http://www.scotcourts.gov.uk/opinions/2010CSIH49.html
[Edit:] the Supreme Court PDF linked to in the article reproduces much of the information in the above Court of Session opinion.
Basically: In December 1998 Richard Durkin tried to buy a laptop from PC World in Aberdeen. The salesman (because o DSG's bizarre rules) was not able to open the box to check the specification, and suggested that once purchased it could be returned if incorrect. Unfortunately, instead of immediately unpacking it in the store, the buyer took it home, discovered that it did not match the item requested, and returned it the following day. After a dickhead PC World "manager" initially refusing to accept the returned item, they eventually accepted the matter as a non-sale and returned his deposit. HFC, the hire-purchase provi ders had claimed that he should still pay them for the returned item, but as their agent (PCWorld) had voided the
sale the matter seemed settled. However when he later tried to obtain a bank loan, and a mortgage, these were blocked due to a bad credit reference from HFC. He did all the right things, appealing to PC World, HFC, Equifax, and Experian, but was unable to get the bad mark removed.
He sued HFC etc. in Aberdeen Sheriff Court and won in 2006. He claimed actual losses of £250,000, but was awarded a total of £116, 674.
However Mr Durkin disagreed with the method used to calculate the damages, and appealed to the Court of Session in Edinburgh in 2010. HFC took this opportunity to counter-appeal, trying to argue that his hire-purchase contract with them was separate from the rescinded sale contract with PC World, and that the Sheriff had been wrong in law. Alas Mr Durkin's side made a few mistakes when responding to HFC's counter-claim, e.g. omitting evidential documents from the appendices. As a result of that legal cock-up HFC prevailed, Mr Durkin was liable for the escalating costs, and lost his £116, 674 award from the Sheriff Court.
The Court of Session findings have now been appealed in the Supreme Court in London. The original Sheriff's opinion that the loan agreement was dependent on the sale, and should have been rescinded along with the sale contract,
has now become a precedent with standing throughout the UK. For legal-technical reasons Mr Durkin's damages have been set at £8000. Some lawyers have no doubt stuffed their pockets with considerably more.