TDS More problems

Trebor01

Hi everyone - More hassle with the TDS....!!!!!

The initial dispute resolution was poor to say the least, so as part of their internal complaints process I complained. The initial review was carried out by the TDS Head Of Adjudication, so I was shocked to see the reply to my stage 1 complaint had been reviewed by, guess who, but the Head Of Adjudication. So he has reviewed his own initial findings and speaks of the "adjudicator" in the initial case review in the third person, although they are one and the same. Surely a fair adjudication process can't support or allow this process. Even their own website implies a Stage 1 review would be assessed by either the Head Of Adjudication or someone else "not involved" in the initial review. Would it not seem fair that that is why there are 2 potential review routes, depending on who did the initial adjudication.

It's now at Stage 2 - I wonder if the Head Of Adjudication will do this as well.....?

may_fair

I can't see what you hope to achieve by disputing the ADR decision; what would you 'win'? I'd just claim against the other party in the county court.

Trebor01

You need to exhaust the complaints process before you can take anyone to court or it will not be viewed very highly.

I have now had the stage 2 complaint back from the TDS, so will now have to pursue them via small claims.

may_fair

Trebor01 wrote: »

You need to exhaust the complaints process before you can take anyone to court or it will not be viewed very highly.

I don't know where you heard this but it's simply not true.

Trebor01

I appreciate where you are coming from, but in the courts eyes, every attempt to show you have tried to resolve through other means will help to show you are at least trying to avoid court action and save court time.

Anyhow, a small claims case has now been raised so I will wait to see what becomes of this now.

may_fair

Trebor01 wrote: »

I appreciate where you are coming from, but in the courts eyes, every attempt to show you have tried to resolve through other means will help to show you are at least trying to avoid court action and save court time.

Trying to resolve the dispute via ADR is as reasonable as you could possibly expect in terms of avoiding court action; reasonableness does not extend to challenging the ADR's decision, and the success of your claim essentially boils down to whether you've got evidence to support it, not whether you've tried to settle via some alternative mediation.

You are completely mistaken if you think you're required to plumb the depths of ADR before claiming in the county court.

Trebor01

May-fair - I do have the evidence to support, but wanted to give the TDS every opportunity to resolve before hand, yet they still refuse to take account of the evidence put before them. The TDS have quite clearly failed to apply a consistent and fair approach as well as ignoring documents sent. An example of inconsistency is e.g. through out the whole claim the TDS said there was o check out report, but there was and I have a witness to it being sent, and it was sent recorded delivery. Within their "findings" they continually state that without the provision of a check out report etc etc etc but ten on one hand award a sum for a broken cupboard door (photos showed the damage) which can only have been acknowledged with the provision of the check out report, yet then didn't award money for a damaged carpet (again with photos to support). Both items were not identified as being damaged in the check in report, and both are highlighted as damaged in the check out report. They have ignored the fact that as my last tenant failed to vacate my property at the agreed tenancy end date (again documented) a periodic statutory tenancy agreement is therefore established, and months rent becomes owing. It's stuff like this that has all been ignored, totally favouring the tenant.

Its wrong and needs to be addressed.

I will await a court date and attempt to resolve in the hope a judge will see the errors they have made.

sequence

Check out and check in signed by tenant ?

Best to go to court, these dispute people are patchy by the sounds of things (never dealt with them myself).

sequence

Oh, aren't you supposed to send a letter before action before raising a small claims action ?

Trebor01

Check in report signed, check out report not required to be signed as pretty clear the tenant/s could and have declined to accept any responsibility for the damage, but it was issued, and if the TDS had any intelligence at all they would realise it has been sent otherwise how would the ex tenant have been able to contest the points I was claiming for....? Not the sharpest knives in the draw, and I would recommend never using the TDS.

Re letter to be sent, you just need to file action, which has been done, then they need to address in given timescales or the court can simply award in favour of the claimant.

It is quite shocking how the TDS have behaved to be honest, literally taking the "word" of the tenant, over evidence (emails, photos, check in and out reports) etc. I intend to discuss with my local MP once court proceedings have been address, as the service is supposed to act in a non-biased way for tenants and LLs alike and is a government controlled or monitored organisation. This is not the first time I have had issues with them, and on the last occasion they admitted they had ignored aspects of my claim and paid up, but this time they have just stuck by their position, but have even less to support their failings than last time. It really is a poor organisation, be warned....!!!

sequence

Well, do keep us updated, I'd like to know if the court agrees with the TDS or not.