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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I purchased a vehicle in the UK for £2250 on 4th August

Customer Question

Hi
I purchased a vehicle in the UK for £2250 on 4th August 2013. The car was found to be defective and we went to the Small Claims County Court. The defendant missed many of the time scales laid down by the court.
Eventually on 15/4/14 the case was heard in Small Claims Track in the small claims court and the defendants solicitor failed to turn up. The defendant asked for a retrial stating they wrote down the wrong date. The County Court heard the appeal and rejected it on the 2/7/14 at which the original judgement was upheld.
In Court the judge awarded £2250+Costs to me. The defendant would not pay and I instructed a bailiff who collected the debt. At that Court hearing the judge also left title of the vehicle with me. I queried this and the judge restated I was to retain title to the car and receive the costs; indeed I could sell it, repair it and do as I saw fit as I retained title.
I then waited a while and obviously had to have the car repaired; so it went to a garage. So far the work on the car is £1000 and the car has not been road tested as yet. I have not paid this bill yet.
On Christmas eve 2014 I received a Claim for who is now the Claimant (who was the defendant) He is claiming for the car back plus any depreciation from July 2013 plus costs OR £2250 plus costs.
My questions are:
1. How long after a judgement is made can a claim such as this be brought? Is there not a time limit?
2. He is claiming solicitors costs plus court fees
3. Can I use form N244 to have the claim set aside without using a solicitor
4. How can he bring a claim for something he does not have title to. Ie the car
5. Can Costs be awarded in a Small Claims Court?
I have consulted a solicitor who has charged me £420 to date to read all my correspondence and now he wants £50 more to send a ‘robust letter’ saying they are trying to claim for a case already adjudicated on. I would suspect this is be laughed at!
Monday, yesterday the solicitor said they did not know if they would win the case and there could well be/probably be a further £1300 of costs, if it goes to plan plus barrister costs and time in court. This I simply cannot afford on a car probably worth £1000, with a £1000 garage bill.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : His claim arises out of the same facts and was part of his defence in your claim?
JACUSTOMER-j53q3iz3- :

Hi Alex I'm Vic

JACUSTOMER-j53q3iz3- :

I was awarded costs and retained title to the vehicle as awarded by the court.

JACUSTOMER-j53q3iz3- :

Hello

JACUSTOMER-j53q3iz3- :

are you OK with my question?

Alex Watts :

Yes I understand that.

JACUSTOMER-j53q3iz3- :

thank you

Alex Watts :

But the now Claimants case against you, is it arising out of the same facts?

JACUSTOMER-j53q3iz3- :

Yes it is.. he was the defendant.. now he is the claimant.. With a new CC Claim..New Claim number etc.. All relating to the same vehicle

JACUSTOMER-j53q3iz3- :

His claim now if for the vehicle, delapidation over the period and costs

Alex Watts :

OK - you can apply to stay this for being an abuse of process. He should have raised this as a counter claim in the initial proceedings. You cant re-litgiate on decided matters.

Alex Watts :

1. 6 years

JACUSTOMER-j53q3iz3- :

A new Claim

Alex Watts :

2. He can only claim Solicitor fixed costs IF they are acting and on record for him, even then its fixed to about £80

Alex Watts :

3. Yes

Alex Watts :

4. He can't

Alex Watts :

5. Yes but fixed costs, NOT solicitor costs save on the claim form

JACUSTOMER-j53q3iz3- :

Sory about this just catching up

Alex Watts :

Ok

JACUSTOMER-j53q3iz3- :

Can I apply for it to be struck off for abuse of process?

Alex Watts :

yes

Alex Watts :

He is re-litigating on decided matters and those which he should have raised in any defence/counter claim

JACUSTOMER-j53q3iz3- :

I would do this on form N244

JACUSTOMER-j53q3iz3- :

from the court

Alex Watts :

Yes that is right.

Alex Watts :

There is a Court fee of £155 to pay

Alex Watts :

But if you win you can ask for this as costs

JACUSTOMER-j53q3iz3- :

The judge was very clear I retained title to the car.... I have had it in a garage with cost... If the judge made a mistake and should have given him title then what happens?

Alex Watts :

The other side should have appealed but he only has 21 days to do that

JACUSTOMER-j53q3iz3- :

Can you please quote me the Case Law referring to the 21 days?

JACUSTOMER-j53q3iz3- :

So I can quite on N244

JACUSTOMER-j53q3iz3- :

Is it OK for me to come back to you AGAIN and pay again, for futher advice? And how do I do that?

Alex Watts :

There is no case law.

Alex Watts :

It is contained with Part 52 of the Civil Procedure Rules

Alex Watts :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52

JACUSTOMER-j53q3iz3- :

How do you know it is 21 days?

Alex Watts :

Because its the rules

Alex Watts :

See part 52

Alex Watts :

Rule 52.4

Alex Watts :

(b) where the court makes no such direction, 21 days after the date of the decision of the lower court that the appellant wishes to appeal.

JACUSTOMER-j53q3iz3- :

This is what I say on the N244?

Alex Watts :

No.

Alex Watts :

Dont mention appeal.

JACUSTOMER-j53q3iz3- :

Say abuse of process?

Alex Watts :

You just say that you are asking that the claim be struck out as an abuse of process as Claimant is bringing a claim on decided matters

Alex Watts :

Forget mentioning appeal

JACUSTOMER-j53q3iz3- :

I understand... Once that is decided on is that it.. case cloased

JACUSTOMER-j53q3iz3- :

and if 'god forbid' I lost he gats the car and £80 of his solicitor cost?

Alex Watts :

Indeed.

JACUSTOMER-j53q3iz3- :

Its his solicitor costs that fighten me.. as I do not ahve that money and my solicitor is quoting what I consider unreasonable costs

JACUSTOMER-j53q3iz3- :

How do I come back to you again and obviusly pay again? is that possible?

JACUSTOMER-j53q3iz3- :

if I have another question in a few days?

Alex Watts :

You can ask for me personally: Alex W

Alex Watts :

Confusingly there are 3 Alex's on here!

JACUSTOMER-j53q3iz3- :

Thank you so much for your help on balance of probability (solicitors hate this I know) how likely am I to win?

JACUSTOMER-j53q3iz3- :

Bearing in mind alreadt ajudicated on in my favour

Alex Watts :

I think you are more likely than not to suceed

Alex Watts :

Does that help?

JACUSTOMER-j53q3iz3- :

Yes fully that you so much for your help :-)

JACUSTOMER-j53q3iz3- :

will this conversation be emailed to me?

JACUSTOMER-j53q3iz3- :

You are more help that I received from my solicitor in a fortnight

JACUSTOMER-j53q3iz3- :

Goodniight and thank you will mark as excellent

Alex Watts :

Thank you and best of luck with this.

JACUSTOMER-j53q3iz3- :

Goodnight and thank you

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Just one more small question? Should I file 'Abuse of process' and a counter claim in the courts 21 days which expires 18/1/15. Incase the N244 fails.
One again thank you

VIC

Expert:  Ash replied 2 years ago.
Yes do both.
Alex

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