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Hi I recently took a car company to the small claim court…

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Hi I recently took a...
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I recently took a car company to the small claim court but the judge said i could not claim compensation for being without my new car for 10 days , i am disabled and needed a car but nothing offered , i lost but the other side hired a barrister and they produced a cost bill of £4600.00 , the judge awarded £500.00 and a further £300.00 due to the fact i could not attend court due to illness now i am disabled and really did not think for a claim of £130.00 which the judge said the defendant could have done a summary judgement why then do i have to pay £700.00 cost , is this correct or shall i appeal
Submitted: 8 years ago.Category: UK Law
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6/11/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
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Can I clarify that you were not present at the court on the day this happened?
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Customer reply replied 8 years ago

i was absent when i was charged £300.00 but when he issued the cost of £500.00 i was there with my partner i we were shocked that we were given a bill for £700.00 pounds we took the car company to court as my car broke down two days after i purchased it from a dealer , now they took the car and said they would repair but my car was gone for 10 days , i wanted compensation for cost as i am disabled and it was a real problem for me getting buses to work so i did use maybe a few cabs but under the sales of goods act i really thought i could claim the money i was also under the impression that if you used a solictor then you could not recoup the cost , so why just because they used a barrister have i had to pay for it and the judge said that the defendant solictor should have issued a summary judgement at the start and ended the claim as it had no merit i just need to know if i should appeal

Solicitor: Jo C., Barrister replied 8 years ago

 

The order was probably made because this was a claim with no reasonable chance of success.

 

You may well think you are entitled to a car but the law does not support you and you issued against them and put them to cost when you had not chance of winning. That does fall within the criteria for making an order for costs against you.

 

You can only appeal if the Judge has made an error in law and he has not here. Also, if you appeal you will lose and have to pay more costs.

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Customer reply replied 8 years ago

why then when the judge told the barrister that she should have done a summary judgement to begin with and that would have ended the claim , when then did they continue to get costs awared to them for work that was not required , also when i went to court earlier in the claim why did the judge tell me this claim was going to fail are you saying then i cannot claim compensation for the loss of my car for 10 days and had to suffer finacial and health problems becuase of it , and i cannot recoup these costs ???

Solicitor: Jo C., Barrister replied 8 years ago

 

Because summary judgment would have caused this to be thrown out since you had no case.

 

Thats what summary judgment is for.

 

The Judge said that to you because you have no case which is exactly what I'm saying because it is the state of the law. They are not liable and you end up paying costs when you issue against defendants who are not responsible.

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Customer reply replied 8 years ago

hi

 

 

thats my point if the defendant solicitor had issued a summary judgement at the start of all this then it would never of gone to a hearing but the judge said they did not do this and why not , he told them clearly they should have done that , so why am i paying for their error in allowing furthet costs to be incurred when they already knew the case would fail , could you tell me what form i need to appeal and i also cannot pay this charge so what do i do

Solicitor: Jo C., Barrister replied 8 years ago

 

But if you hadn't brought the case, it would not have even begun so it isn't really their fault. You are paying for your own error as the law requires.

 

In any event, you cannot appeal this for the reasons I've explained.

 

 

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Customer reply replied 8 years ago

well which forms do i need anyway as he has made a mistake with one of the charges as it has already been taken into account in a previous hearing so i will not pay twice for something due to an error so what form do i need to appeal also which form do i need because i cannot pay in full ??????????????????

Solicitor: Jo C., Barrister replied 8 years ago

 

So you have lost at a previous hearing as well then ?

 

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Customer reply replied 8 years ago
OK what form do i need for an appeal ie number and what form number for cannot pay all charges in one go
Customer reply replied 8 years ago
no , i was charged twice for not attending court on 1 occasion due to illness i tried to cancel but they refused , the other side claimed costs it was not a hearing it was a meeting with the judge as the court lost all the paperwork for the case , but he has charged me twice for the same thing and i will not pay , so what form do i need to rectify mistake and is there a form i can complete as i cannot pay
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
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You can lodge an appeal if you wish.

You need to go to: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=388

You can download the form here. You may need to pay a fee - but this is what you need to complete to appeal.
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