Ask an Property Solicitor. Get an Answer ASAP.
Hi Alex I'm Vic
I was awarded costs and retained title to the vehicle as awarded by the court.
are you OK with my question?
Yes I understand that.
But the now Claimants case against you, is it arising out of the same facts?
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
His claim now if for the vehicle, delapidation over the period and costs
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.
1. 6 years
A new Claim
2. He can only claim Solicitor fixed costs IF they are acting and on record for him, even then its fixed to about £80
4. He can't
5. Yes but fixed costs, NOT solicitor costs save on the claim form
Sory about this just catching up
Can I apply for it to be struck off for abuse of process?
He is re-litigating on decided matters and those which he should have raised in any defence/counter claim
I would do this on form N244
from the court
Yes that is right.
There is a Court fee of £155 to pay
But if you win you can ask for this as costs
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?
The other side should have appealed but he only has 21 days to do that
Can you please quote me the Case Law referring to the 21 days?
So I can quite on N244
Is it OK for me to come back to you AGAIN and pay again, for futher advice? And how do I do that?
There is no case law.
It is contained with Part 52 of the Civil Procedure Rules
How do you know it is 21 days?
Because its the rules
See part 52
(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.
This is what I say on the N244?
Dont mention appeal.
Say abuse of process?
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
Forget mentioning appeal
I understand... Once that is decided on is that it.. case cloased
and if 'god forbid' I lost he gats the car and £80 of his solicitor cost?
Its his solicitor costs that fighten me.. as I do not ahve that money and my solicitor is quoting what I consider unreasonable costs
How do I come back to you again and obviusly pay again? is that possible?
if I have another question in a few days?
You can ask for me personally: Alex W
Confusingly there are 3 Alex's on here!
Thank you so much for your help on balance of probability (solicitors hate this I know) how likely am I to win?
Bearing in mind alreadt ajudicated on in my favour
I think you are more likely than not to suceed
Does that help?
Yes fully that you so much for your help :-)
will this conversation be emailed to me?
You are more help that I received from my solicitor in a fortnight
Goodniight and thank you will mark as excellent
Thank you and best of luck with this.
Goodnight and thank you
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