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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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you helped myself and my father in Law Vic 6/1/14 Reference

Resolved Question:

Hi you helped myself and my father in Law Vic 6/1/14 Reference a Nissan Xtrail. I have a new question after that outcome please can I use your services again?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thank you for requesting me.

Alex Watts :

How is it I can help with your legal question?

Customer:

Hi we spoke 6/1/15 you have probably dealt with loads since then so do not expect you to remember. But you advised us well and we won in court

Alex Watts :

That's great news!

Alex Watts :

Glad I could have helped.

Customer:

Thank you

Customer:

can I ask the next bit lol

Alex Watts :

Of course.

Customer:

7th August 2013 I purchased a vehicle which was later found to be defective under the Sale Of Goods Act and was heard in court 15/4/14 at which I won and was awarded costs. At this time title of the vehicle was adjudicated on and remained with myself.



2/7/14 The defendant tried to get the Judgement Set Aside which was rejected by the court as the defendant was out of time.



18/12/14 We had a claim for the return of his car, which was incorrect as title remained with myself, as confirmed by the court. I now became the defendant.



I issued an N244 To have the case struck out on the grounds the matter had been previously adjuicated on and it was an abuse of process.


Also at this time should the application not succeed I issued a Defence and Counter Claim


I paid the costs for both the N244 and the Defence/Counter Claim



20/2/15 The Application to have the Case Struck out (N244) was heard. (The Defence/Counter Claim was not head as the N244 was successful )


The Judge found in my favour and my Application To Have the Case Struck out was upheld.



As the N244 had not been allocated to a Track the Judge told me I could claim costs (these are not limited to £80)



I was told that I needed to do this under the CPR Rules Claim for costs.


Please note I have done this myself (the solicitor was costing too much for a £2000 car) the other side had a solicitor; the Judge informed me I should have filed a schedule of costs 2 days before the hearing, but was prepared to overlook this as I did not know and still awarded costs under the CPR Rules Not Small Claims Rules.



My questions are:


1. What form do I use if there is one to claim these costs?


2. Who do I send the form to?


3. How long have I got from 20/2/15?


4. I intend to claim £520 Solicitors costs which were incurred in the beginning of my defence, Transcribers Costs for £58 the transcript of the case detailing title remained with me, court costs are £155 for N244, and Defence and Counter Claim £115 (which was never heard) Would you think this reasonable?


5. How long as the Claimant that lost have to appeal the costs?


6. Can he appeal the N244 Decision? He states he is now going to use a Barrister and not pay.

Alex Watts :

Did you ask for costs on the day of the application?

Customer:

Yes we did just after the Judge upheld the N244 and he said 'He would make a note on the file that I was awarded costs'

Alex Watts :

Does the Court order say that?

Customer:

He did say these costs are under the CPR Rules not the CC Rules as the case had not been allocated a track

Alex Watts :

But the application costs have they been dealt with at the hearing?

Customer:

Have not had a court order back yet, the judge did say at the time we must look at the CPR Rules and apply ourselves

Alex Watts :

Ok - so the claim has ended now because of the application, is that right?

Customer:

No the application costs were not heard because 1. we sould have given a schedule 2 days before 2. We ran out of time

Alex Watts :

Ok, you did not do that?

Customer:

As we are not experts the judge stated we can have costs even though we did not file the schedule 2 days before

Alex Watts :

Are the application costs reserved or adjourned?

Customer:

No Judge just said use the CPR rules to claim costs

Customer:

And he told the claiments solicitor they had lost and they must pay

Customer:

We have looked at the CPR Rules they are a nightmare

Alex Watts :

Ok - well first you need to see what the Court order says.

Alex Watts :

You are entitled to claim £90 for loss of earnings, 45p a mile for travel

Customer:

So we wait for that order

Alex Watts :

Or £18 per hour for dealing with the application only.

Alex Watts :

Yes

Customer:

We are worried there is a time limit?

Alex Watts :

No - you just need to see what the Court order says

Alex Watts :

It may say you need to file and serve the schedule by x date

Customer:

And when we get that is there a form to complete or is it by letter?

Alex Watts :

There is a form N260

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n260-eng.pdf

Customer:

Even though this is not in the County Court as not allocated to a track?

Alex Watts :

But you must serve it either 24 hours if its an application and 48 hours for fast track

Alex Watts :

Yes this is correct

Alex Watts :

It is County Court but not yet allocated

Customer:

Dont understand 24 or 48 hours what do you mean?

Alex Watts :

If you win at a pre-allocation hearing and a Solicitor you would get a fixed fee of £175

Alex Watts :

48 hours before any fast track hearings

Alex Watts :

24 hours for any other type of matter

Customer:

are these not reasonable?


I intend to claim £520 Solicitors costs which were incurred in the beginning of my defence, Transcribers Costs for £58 the transcript of the case detailing title remained with me, court costs are £155 for N244, and Defence and Counter Claim £115 (which was never heard) Would you think this reasonable?

Alex Watts :

Yes that seems fair

Customer:

So we could put these in principal on the form N260 ?

Alex Watts :

Yes you can

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So we wait for the Court Order and then do we send the N260 to his solicitor or the County Court?

Alex Watts :

Yes wait

Alex Watts :

Serve it on the Court and other side

Customer:

Both OK.. Is this a fee paying thing again N260?

Alex Watts :

You dont pay again no - just file and serve the N260

Customer:

And how long does he have to defend can this N260 go to court?

Customer:

Appeal?

Alex Watts :

It will be dealt with at a hearing when the Judge will summarily assess costs

Alex Watts :

But a general appeal is 21 days

Customer:

Do we attend? or does Judge just decide?

Alex Watts :

No you attend

Customer:

Just to be clear We Wait For The Court Order and do njothing before.. The Court are not very forthcomming with information

Alex Watts :

Correct

Alex Watts :

Wait for the Court order

Customer:

Sould that be a couple of weeks?

Alex Watts :

Yes

Customer:

Almost finished lol

Alex Watts :

sure

Customer:

His 21 days appeal is that from the receipt of the N260 or the judges decision?

Alex Watts :

21 days from the Court order

Alex Watts :

From the date it was heard in Court

Alex Watts :

Costs are separate

Customer:

and 21 days appeal from hearing in court

And then seperate N260 21 days

Customer:

Thank you for your help :-)

Alex Watts :

Yes from the date of the day the Judge decides costs

Customer:

once again excellent

Alex Watts :

Happy to help!

Customer:

have anice night

Customer:

bye and thank you

Alex Watts :

and you. Please remember to rate as alwayas

Ash and other Law Specialists are ready to help you

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