Fast track dilemma

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    #16
    I've only seen written judgement so far. I go into court tomorrow. I'll message on Monday with full details.

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      #17
      Originally posted by needhelpplease View Post
      Thank you both for your advice. I'm getting in touch with the Community Law Service in the hope that they can help. I wish I'd spoken to both of you before listening to TDS who really know how to give terrible advice. They made it seem very straight forward.
      Legal advice from TDS? That's new to me! I thought when you called TDS you only spoke to self-important, clueless teenagers in a call centre. At least, that's the impression I got.

      If the LL protected the deposit just before going to court he'll get away with it, but how are you going to prove that you were entitled to withhold two months' rent?

      Remember, he who claims must prove - that is the rule of thumb, and if you started the claim and cannot prove, you'll most likely be ordered to pay costs. In the Fast Track they can add up to quite a lot.

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        #18
        Originally posted by Perplexed View Post
        If the LL protected the deposit just before going to court he'll get away with it, but how are you going to prove that you were entitled to withhold two months' rent?
        I think if you read post #13, you will find that its already been proven, and OP won the case.

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          #19
          Originally posted by needhelpplease View Post
          I've only seen written judgement so far. I go into court tomorrow. I'll message on Monday with full details.
          Very well done indeed. Look forward to hearing more ....

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            #20
            What next?

            It went ok on Friday. The judge was very good. They argued my barristers costs and I was only allowed to claim £690 + vat. They referred to a 'white book' and went on how much I was awarded.

            Right at the end they asked the judge if she would allow them to appeal, and said they were waiting on the outcome of an appeal judgement, which was expected on Friday. They also tried to delay payment and the judge turned them down on both.

            I think the case they are talking about is Draycott V Hennells. To me, although the appeal was allowed, the judgement was based on the fact that late lodging of the deposit was not an initial requirement of the DPS scheme, whereas in my case the inclusion of the G clauses is definitely an initial requirement of the TDS scheme. Do I understand that correctly?

            They also asked for an extension to appeal and she granted them 28 days.

            So I'll just have to wait and see if they decide to appeal.

            Can anyone tell me if they do go higher to ask to appeal do I attend? Can I argue why I think the appeal should not be allowed?

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              #21
              Originally posted by needhelpplease View Post
              I think the case they are talking about is Draycott V Hennells. To me, although the appeal was allowed, the judgement was based on the fact that late lodging of the deposit was not an initial requirement of the DPS scheme, whereas in my case the inclusion of the G clauses is definitely an initial requirement of the TDS scheme. Do I understand that correctly?
              Yes, your case is very different; the TDS' initial requirements are very clear on the inclusion of clause G. However, it's possible there may be a general principle somewhere in the Draycott v Hannells judgment which might be used to argue their case. You can find the full judgment at the bottom of this link.
              http://blog.painsmith.co.uk/2010/02/...cision-on-tdp/


              Can anyone tell me if they do go higher to ask to appeal do I attend? Can I argue why I think the appeal should not be allowed?
              Yes, I think you can. You may find more info in CPR Part 52
              http://www.justice.gov.uk/civil/proc...rts/part52.htm

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