Getting my TDS deposit back

clutton_2

neverdespairgirl - put him on ignore - your life will be so much pleasanter when you enter MSE - he is not worth arguing with - don't waste your energy - we all know what you mean.

bw

Premier_2

neverdespairgirl wrote: »

Try to keep up - although I increasingly suspect you of just trolling, as your posts (generally, not just in reply to me) are confrontational, and your selective quoting mendacious.

Shall we remind ourselves of the conversation so far?

I said:

Barristers turn up in small claims from time to time, but as you say, not often. It's not usually cost-effective.

"huge fees" is a bit of an exaggeration, though. OH did some small claims cases as a pupil, for £150 a go, as I recall.

So it is pretty damn obvious that I am referring to the costs for small claims cases. And they aren't "huge fees".

I charge £350 for an AIT case, which is, on average, about 8 hours - prep, plus court time, plus travel and waiting. So about £45 an hour, rather than £70. But, even if it were £70 an hour, on average, I couldn't have been clearer when I said that was for Asylum and Immigration work, which is completely different from small claims.

In relation to the £46 for a mention, I said:

The worst paid I ever have been was in a Crown Court mention - standard £46 fee, no travel costs, and I was there from 9.30am to 6pm, plus 3 hours' travelling time. That sucked.

A standard fee in immigration law for a barrister of my sort of call is £350 for a straight-forward case, incl. prep, etc.

So I mentioned BOTH the mention fee, and in the very same post, immigration fees. So please don't try to make out I didn't. Nor did I say that the mention fee was typical, I gave it as the worst ever fee I'd earned. Not typical.

And nowhere did I say that £500 an hour plus VAT wasn't a huge fee. But it has absolutely nothing to do with small claims.

Your ignorance of the whole matter can be clearly seen from your use of the phrase "firm" in relation to barristers' chambers anyway.

Calm down! To suggest I am trolling is completely wrong and to suggest I'm ignorant is, well lets just remind you of the forum motto, eh?

Pls be nice to all MoneySavers.

You are just being pedantic by the word 'firm' (btw I could be pedantic too here but I won't ).
I think the word was used when I asked which firm of barristers charges £46 for 12.5hours?

I didn't know you were self employed at the time - some barristers are salaried (about 20% apparently) and so they presumably work for companies.

Ok, can I ask which barrister (however they are employed) will provide 12.5 hours work to me for £46?
I know they are usually employed by solicitors - so where can a solicitor employ their services at the rate of £46 for 12.5hours?

Since you earn £70k pa for part time work (when you are not providing your services for free to solicitors or posting on MSE) then I think it's safe to assume you earn more than £3.68 per hour

Yes you can argue you are paid fixed sums if you want - but everyone can work out for themselves what the average hourly rate is.

If you don't think £125-£150 per hour is a huge amount, I suggest you have a review of what a pensioner is expected to survive on for a whole week!

neverdespairgirl

clutton wrote: »

neverdespairgirl - put him on ignore - your life will be so much pleasanter when you enter MSE - he is not worth arguing with - don't waste your energy - we all know what you mean.

A very good idea, I think!

Premier_2

clutton wrote: »

neverdespairgirl - put him on ignore - your life will be so much pleasanter when you enter MSE - he is not worth arguing with - don't waste your energy - we all know what you mean.

bw

Let us not forget why you put me on ignore
Probably the best solution for anyone if they cannot otherwise abide by the forum rules when someone disagrees with their opinion

http://forums.moneysavingexpert.com/showpost.html?p=12480073&postcount=68

Premier_2

neverdespairgirl wrote: »

...although I increasingly suspect you of just trolling,..

Lets remember how this started shall we?

First of all you chip in by posting that cases cannot be dismissed because of unreasonable behaviour by the claimant.

Then you post suggesting that a claim for £25 would have been dismissed because of the de minimis (too small a claim) principle - wrong.

That was a real case, and typical of many that occur at a small claims court.

You go onto argue that the barrister is not paid huge fees in comparison, giving an indication of £46 being paid for 12.5 hours work plus the barrister had to pay her own travel costs.

Admitedly this would not be huge in comparison, but is certainly not an indication of what a barrister would typically cost. So I asked what is the average hourly rate of a barrister.

Eventually and without wishing to argue the actual amount further, it seems you would agree to about £125 -£150 per hour.

Now that's huge in relation to the £25 originally claimed (remembering that costs of legal advice are not usually recoverable in a small claims court), and is huge when you consider what many pensioners have to live on per week, let alone per hour.

...and you suspect me of trolling?

HGLTsuperstar

Woh -please calm down and can we keep to the matter in hand i.e. ME!!! (selfish but tough!)
Anyway just wanted to say still nothing to report and as Monday is getting closer , then so is the court!
Will keep updated but nothing else to say at the mo'.

HGLTsuperstar

OK update time:
As you will recall, I told the LA to respond to my letter in writing, not a garbled voicemail so here's what postie delivered today(with my added comments):

I have had faxed to me from the XXXX office your letter dated $th August 2008 not addressed to anyone specific. You have also not stated who you have spoken to on numerous occasions or who you have written to as there is no address on your letter.
WHICH IS WHY I'M NOW GETTING EVERYTHING IN WRITING AS EVERY TIME I CALLED I SPOKE TO SOMEONE ELSE WHO DENIED WHAT HAD BEEN SAID PREVIOUSLY.
I telephoned you and leeft a message but you called back and left a message with reception to say that you wanted a reply to you letter and not a telephone call, so therefore I shall reply as follows:

Firstly we do not fully manage the property and I would not be aware that you had vacated the property.
CRAP! I RETURNED THE KEYS TO THEM ON THE AGREED DATE, WITH A LETTER STATING I HAD VACATED AND MY FORWARDING ADDRESS FOR THE RETURN OF THE DEPOSIT, WHICH THEY SAID WAS WHAT THEY NEEDED AND IT WOULD BE SENT WITHIN 10 DAYS. ONLY BECAUSE I FORCED IT THERE AND THEN IN THE OFFICE DID I GET A HANDWRITTEN NOTE ON HEADED PAPER SAYING THEY HAD RECEIVED THE KEYS.
The deposit is held for the landlord in the TDS Scheme as you have stated, I DIDN'T STATE THAT AS I AM STILL REQUESTING DETAILS OF THE SCHEME MY DEPOSIT IS IN - WELL OVER THE 14 DAYS LIMIT-but it is the responsibility of the landlord to advise Beals that you have vacated and we would then require written permission to release the deposit to you.

I would ask why you have not contacted your landlord direct for the release of the deposit. JUMPING TO CONCLUSIONS! I NEVER SAID I HAVEN'T CONTACTED HER - I HAVE BUT SHE'S IGNORING ME STILL!

A copy of this letter has been sent to your landlord, as I could not make contact with her yesterday on any of the numbers that we have. AND SHE'S NOW IGNORING THEM ASWELL WHICH IS WORRYING!!!

Once the landlord confirms that the deposit can be released this will then be forwarded to you. Should any damages or dilapidations be needed to be taken from the deposit,DON'T LIKE HOW THIS HAS BEEN WORDED as you are aware the landlord would have to confirm this with you.

So how long can the landlady keep ignoring me in the hope I'll just go away.
Also LA conveniently didn't respond to my request in my letter for details of the scheme and the date my deposit was registered so it seems that on Monday, when the seven day final notice I gave them and LL expires, I need to file the county court papers.
I'm guessing that LL's "ignore her and she'll shut up eventually" routine won't endear her to the court.

moneysavinmonkey

Did you get anything from the TDS scheme in writing to confirm they could not arbitrate the release of your deposit. It may be worth filing a claim (online) with them anyway now just for due process.

It hasn't been that long (I think) so perhaps your landlady is on holiday, I would try not to worry unduly yet. You may have to file small claims action against her- hopefully if this happens she will settle up before it goes to court.

I would reply (in writing) to letting agent, just to say thanks for the letter +for the record you would like to clarify...

1) you have a receipt from their office for keys so they were aware you had vacated
2) You are still awaiting the prescribed information from them on how your deposit is held
3) You have contacted your landlady direct but they acted as her agents and you paid the deposit to them
4) if you don't hear from the landlady / receive you deposit within xxx you will name them jointly in any legal action


.. no 100% sure on points 3) + 4) in your particular circumstances so hopefullly others can advise / you can look up the point

HGLTsuperstar

Can see what you're saying moneysavingmonkey but how many more times do I keep giving them "another xx days" as 1. Drags it on and 2. They won't take me seriously

moneysavinmonkey

Sorry, I didn't mean that you should give them any extension, just that you shouldn't worry to much!

By all means file the moneyclaim on tuesday if you've not heard form your landlady by then BUT.....


If your case goes to judgement it will not look good on you if you filed a court case just 3 weeks after your tenancy ended, (ie at this point your money is only 7 days late!) ,after sending just 1 letter (you can't prove phone calls) + not filing a claim through the proper TDS channels.

If you win you will get your legal remedies (ie your deposit + maybe 3x) but not equitable ones (e.g. return of costs such as court fee - might sway 3x decision etc)

I know you have checked and you can't do a TDS claim but you will need evidence of this - so a letter from TDS or a returned claim application etc.

I'm totally on your side so i'm saying this cause I want you to win, make sure you don't give the LA/LL any excuse/defence against your claim!