Getting my TDS deposit back

redcar_2

HGLTsuperstar wrote: »

So can I butt in here please - TDS said the law was broken by not registering my deposit and giving me the details within 14 days - so that is a fact whether it was registered eventually or not and I have not had any checking out documentation etc. As I said, I'm just being ignored left right and centre on the hope I'll "forget" to get my money back!

Sorry Holly - yes this is correct. Premier and I disagree on the 14 days issue but agree on the documentation issue.

Premier_2

HGLTsuperstar wrote: »

So can I butt in here please - TDS said the law was broken by not registering my deposit and giving me the details within 14 days - so that is a fact whether it was registered eventually or not and I have not had any checking out documentation etc. As I said, I'm just being ignored left right and centre on the hope I'll "forget" to get my money back!

The law was broken, but the LL has now protected the deposit.

As the TDS has confirmed you are covered by them file a dispute - the form is available on their website.

No one will do anything until you file that dispute -and according to the TDS they need it within 20 working days else they may not entertain it. In which case you'll have to pursue your own claim through the county court for it's return, which you could elect to do anyway, but the county court will charge you (but you will usually get this back from the defendant if you win)

HGLTsuperstar

What about doing both? The TDS say they can only give me back up to my deposit but 1. She did break the law and 2. The delay and stress and time taken to get my money back - I'm tempted to file a county court case and then negotiate with her to pull it if she coughs up pronto.

redcar_2

Yes this is what I suggested you consider doing in post 49. However as I said there if you have already written to LL maybe you need to give her time to reply before moving to the next stage.

redcar_2

Suggest you read through this thread if you are planning to take it all the way. Its a different situation to yours from what I can see but shares some similarities in that the deposit was put in a scheme but not in accordance with the requirements including the 14 days aspect and not receiving documentation. Bottom line is the tenant won even though their deposit was also paid back in full. Some useful letters for you to base your own on too.

http://forums.moneysavingexpert.com/showthread.html?t=835421

Premier_2

HGLTsuperstar wrote: »

What about doing both? The TDS say they can only give me back up to my deposit but 1. She did break the law and 2. The delay and stress and time taken to get my money back - I'm tempted to file a county court case and then negotiate with her to pull it if she coughs up pronto.

You can't do both.

You either agree to abide by the ICE or elect to take it to court.

You will only get back at most what you deposited under any TDS scheme. Why do you think the LL owes you more money than the deposit? If you do think the LL owes you extra money, you'll need to make a claim in court if the LL doesn't agree.

It'll cost you £65 to file a summons for £850 and a further £75 if it goes to a hearing.

The more you claim, the more the costs go up (plus an allocation questionaire fee kicks in at £1500)

HGLTsuperstar

Loved that forum link redcar, and what a result. Have used that as a template letter to both the LA and LL saying court proceedings are 7 days away and now off to send both by recorded delivery. Watch this space!

Premier_2

HGLTsuperstar wrote: »

Loved that forum link redcar, and what a result. Have used that as a template letter to both the LA and LL saying court proceedings are 7 days away and now off to send both by recorded delivery. Watch this space!

I thought you'd already sent that letter on 31 July? (post#10)

So you've decided not to co-operate with this TDS. You know what the first thing the judge will ask you don't you? Whilst you certainly have the right not to agree to using the ICE, you won't please the judge from the outset. Hope you know what you're doing.

I thought you wanted your money back soonest? The court route will take longer than the TDS route

redcar_2

HGLTsuperstar wrote: »

Loved that forum link redcar, and what a result. Have used that as a template letter to both the LA and LL saying court proceedings are 7 days away and now off to send both by recorded delivery. Watch this space!

Blimey that was fast work!

Hopefully this will get them to see you mean business and get your deposit flying back without the cost, delay and uncertainty of actually needing to take court action.

moneysavinmonkey

OP.

I think you need to go through the process with TDS either first or concurrently with filing any small claim action.

If you don't then if/when the case comes to court the judge will look less favourably on you bringing court action without first trying to properly resolve the matter - you would still get whatever deposit is owed to you awarded if you won, but for example you might not get your court fee refunded.

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I'm shocked that TDS say they may not handle your claim - what the hell do they do then!!! Did they mean just the bit about the compensation perhaps?

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I think everyone agrees that not protecting your deposit within 14 days was against the law, but what is not clear is whether or not the 3x penalty applies... the wording of the law is fairly clear that it depends on whether the deposit is then belatedly protected but this does seem to be against the spirit of the legislation.
It is not beyond the powers of a judge to interpret legislation outwith the strict meaning of the words.
If it was me i'd be tempted to have a go!!

[you don't need to post the legislation again premier - once per thread is enough! also the bit you keep quoting as written by barrister Gary webber was actually written by Daniel Dover and Michael Walsh who are a barrister and pupil barrister respectively ]