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Getting my TDS deposit back

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  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    Premier wrote: »
    I'm sorry, but are you seriously trying to tell us that barristers earn about £10k per annum out of which they have to pay their own NI and other costs a self employed person has to pay? (not to mention their costs of travelling to & from court)?
    And that's only if they are in court 5 days a week?

    Pull the other one :rotfl:
    A full time burger flipper in Maccy-Ds earns more than that!

    No, because that is the fee for a mention. There are set fees for mentions, pleas & directions, sentencing, the first day of a trial, and any other days. THe fees for trials depend on a massively complicated formula involving the number of pages, type of offence, and other things.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    Bearing in mind, this debate started because you said:
    neverdespairgirl wrote:
    ..."huge fees" is a bit of an exaggeration...
    and
    neverdespairgirl wrote:
    I think you have an inflated idea of barristers' charges!...
    and went on to quote figures of £46 for 12.5 hours work and £350 per complete case, how much on average does a barrister actually charge per hour?

    Let's not beat about the bush anymore - lets publish the annual gross earnings/receipts for barristers and let people judge for themselves:
    • Typical earnings/receipts for self-employed barristers, before deduction of tax and chambers' charges, range from £25,000 - £150,000 gross within five years of call (salary data collected Feb 07, The UK Legal 500).
    • Typical earnings/receipts at senior levels and before deduction of tax and chambers' charges, range from £65,000 - £1,000,000 gross for ten or more years of call (salary data collected Feb 07, the UK Legal 500).
    • Top Queen's Counsel (QC) can earn £1,000,000+ per year (salary data collected Feb 07, the UK Legal 500).
    http://www.prospects.ac.uk/cms/ShowPage/Home_page/Explore_types_of_jobs/Types_of_Job/p!eipaL?state=showocc&idno=395&pageno=2
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    Premier wrote: »
    and went on to quote figures of £46 for 12.5 hours work and £350 per complete case, how much on average does a barrister actually charge per hour?

    Let's not beat about the bush anymore - lets publish the annual gross earnings/receipts for barristers and let people judge for themselves:

    Most of my work (and OH's) isn't on an hourly rate, that's not how we charge.

    The normal way of working out court fees, for example, is a "brief fee" for the first day, which includes prep, and a "refresher" for each extra day in court.

    In my area (immigration) I charge £350 for a normal case, which might be 2-3 hours prep and then the hearing in court (usually 1-2 hours). If there is something very complicated about it, I charge more. Or if it's a long way away. So I did a hearing earlier this week that I charged £500 for, as it had more prep needing, and I'm getting £750 for a case in Manchester later this month.

    Similarly, for private paperwork, I charge £175 for grounds of appeal within the Asylum and Immigration Tribunal, £200 for statutory review (appeal to the High Court), £350 for judicial review grounds, and £350 for a judicial review permission hearing.

    For full judicial review cases, and Court of Appeal cases, I charge an hourly rate. But that's the exception in my practice.

    There are QCs who earn £1 million+ a year. Not most of them, but some do (incl, my Head of Chambers, who charges £500 or £600 an hour, and refers to legal aid work as "pro bono")
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    neverdespairgirl wrote: »
    Most of my work (and OH's) isn't on an hourly rate, that's not how we charge.

    The normal way of working out court fees, for example, is a "brief fee" for the first day, which includes prep, and a "refresher" for each extra day in court.

    In my area (immigration) I charge £350 for a normal case, which might be 2-3 hours prep and then the hearing in court (usually 1-2 hours). If there is something very complicated about it, I charge more. Or if it's a long way away. So I did a hearing earlier this week that I charged £500 for, as it had more prep needing, and I'm getting £750 for a case in Manchester later this month.

    Similarly, for private paperwork, I charge £175 for grounds of appeal within the Asylum and Immigration Tribunal, £200 for statutory review (appeal to the High Court), £350 for judicial review grounds, and £350 for a judicial review permission hearing.

    For full judicial review cases, and Court of Appeal cases, I charge an hourly rate. But that's the exception in my practice.

    There are QCs who earn £1 million+ a year. Not most of them, but some do (incl, my Head of Chambers, who charges £500 or £600 an hour, and refers to legal aid work as "pro bono")

    So you don't consider £500-£600 per hour plus VAT @ 17.5% a huge amount?

    Jeez - £150 per hour is a huge amount - even £70 per hour (your figure of £350 divided by 5 hours) is a lot more than most of us earn!
    When you consider small claims are usually for amounts less than £5k, and can be for amounts of £25 or less - I've seen some for £5 and less relating to bounced cheques - you see even your £70 per hour is huge (especially when it cannot be claimed back in costs) - 4 minutes of your time would cost more than the amount claimed!!!

    Now if only people could employ a barrister at £46 per day as you originally suggested - the courts would be deluged! :rotfl:
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • HGLTsuperstar
    HGLTsuperstar Posts: 1,904 Forumite
    So far today have rung the DPS and TDSL and neither have my details. TDS have taken my number and say they will call me back ASAP to let me know if my money is with them - not looking hopeful so far!
  • moneysavinmonkey
    moneysavinmonkey Posts: 1,213 Forumite
    depends how you look at it..... If your deposit isn't registered then I guess it is more hassle to claim back as you'll have to use moneyclaim/local county court but given then your LL/LA seem completely incompetent could be a good chance of also getting 3x deposit penalty fee also.
  • HGLTsuperstar
    HGLTsuperstar Posts: 1,904 Forumite
    The plot thickens. It was registered with the TDS but not until over a month after it was taken. TDS confirmed this is against the law. The deposit is being held by the LA as "stakeholder" and cannot be released without the written consent of LL who is still not answering. TDS say I can lodge a dispute through them but this will take about 2 months and then only if they say they can take the case on. And only then will I get my deposit back not any compensation for the fact that I need the money now (and am entitled to it). Not received any correspondence from LL or LA so don't even have a checking-out form or know how much, if any, of deposit LL wants to hold back.
    AAGGGGGHHHHHHHHHHHHHHHH!
  • redcar_2
    redcar_2 Posts: 631 Forumite
    Well I would lodge the dispute now - seems you have nothing to lose there. If they will not take the case on then that strengthenes your case if you want to go for compensation.

    Do you want to go to the hassle of trying to get the 3x compensation? If not then you can still write to the LL and notify her that you are considering doing this but will agree not to if she repays within say 5 days. You could also if you wanted to push it ask for compensation from her at this stage for your expenses as you don't have your deposit back yet and see if she pays this.

    As you've written to LL its up to you if you want to give her a bit of time to reply to your last letter or turn the heat up further. Did you give her a timescale in which to reply?

    Failing that go for small claims but with 3x penalty as well - to my mind worth holding out for.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    redcar wrote: »
    ...Do you want to go to the hassle of trying to get the 3x compensation?..
    The OP can't claim this - the deposit has already been protected under the TDS
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • redcar_2
    redcar_2 Posts: 631 Forumite
    Premier wrote: »
    The OP can't claim this - the deposit has already been protected under the TDS

    but not within the 14 days required.
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