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.