TDS County Court Claims

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    TDS County Court Claims

    For Information;

    Me and a member on the consumer action group forums have come up with the following possible wording for TDS non-compliance claims. This is to be used in conjunction with the N208 County Court Claim Form.


    I would add the health warning that we still aren’t 100% sure that the N208 is the correct way to go (the other option being N1). You have been warned!!

    The applicant makes a claim under the Housing Act 2004 section 214(1)(a) that the deposit of £825 as required in the Assured Shorthold Tenancy for 'the rental address' was not paid in to an appropriate tenancy deposit scheme (in accordance with section 213 (1) of the Housing Act 2004) or the applicant did not received the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit, within 14 days of the defendants receipt of the deposit (in accordance with section 213 (3) of the Housing Act 2004).

    1) The applicant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) which states the following;

    (a) "order the person who appears to the court to be holding the deposit to repay it to the applicant"

    A total of (Insert £ original Deposit total here)

    And I understand that the Court Must also do the following;

    2) The applicant asks that the court makes an order in accordance with the Housing Act 2004. Section 214 (4) which states the following;

    "The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

    A total of (Insert £ total of x3 original deposit)

    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from (Insert Date deposit should have been returned) to (Date you Submit the Application) of (Insert £ worked out using the court interest rate calculation from their website) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of (Insert £ worked out using the court interest rate calculation from their website).

    I am therefore seeking payment of (Insert £ of original deposit + X3 Deposit), court fee and interest.

    http://www.hmcourts-service.gov.uk/n...ex302_0406.pdf - Link on how to work out interest on original deposit only.

    http://www.hmcourts-service.gov.uk/c.../n208_1000.pdf - Link to N208 Claim Form

    http://www.hmcourts-service.gov.uk/c...n208a_0499.pdf - Link to N208 guidance notes.

    Love to here your comments.
    Last edited by Planner; 10-01-2008, 17:29 PM. Reason: Updated as suggested

    #2
    Technical corrections by pedant (=me).

    In para. 4 of post:
    a. line 1 should refer to section 214(1)(a);
    b. line 3 mis-spells deposit, and "recieved" should be "receive";
    c. line 4 mis-spells receipt; and
    d. lines 2/3 and line 4 should refer to Housing Act 2004.
    Last edited by jeffrey; 10-01-2008, 17:13 PM. Reason: More spellling corections!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      Technical correction by pedant: in para. 4 of post, lines 2/3 and line 4 should refer to Housing Act 2004.
      Quite agree. Thanks Jeffery

      Comment


        #4
        Apart from the spelling mistakes (sorry! ) I would perhaps expand on point 1 to include the bit that says MUST, or whatever it says. As we know, judges can often be a little careless in doing what they MUST do, and interpret it as MAY and then don't do whatever it is.

        I would also emphasise the "MUST" in the second point by bolding it, but that's just me, others might think it's obvious.

        As for the interest, what date would you put on as the "date from"? You've said "date the deposit should have been repaid", but what date would that be, 2 weeks from when the deposit was first paid, the date the claim was made, or what?

        Comment


          #5
          Originally posted by Planner View Post
          Quite agree. Thanks Jeffery
          (Sigh) That's "Jeffrey", of course...
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by Surrey View Post
            As for the interest, what date would you put on as the "date from"? You've said "date the deposit should have been repaid", but what date would that be, 2 weeks from when the deposit was first paid, the date the claim was made, or what?
            My spelling is terrible.

            The date the deposit should be returned by is normally in the tenancy agreements - 28 days/4 weeks, something along those lines - so i would put that date. If the tenancy agreement is silent then I would be still tempted to put 28 days as a reasonable period for deposit return.

            Comment


              #7
              Good work Planner, well thought out. Will help lots of tenants on here.

              Comment


                #8
                Originally posted by Planner View Post
                My spelling is terrible.
                Use the spellcheck: see little ABC box with a tick in the Reply Message panel.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  I have altered the original post accordingly.

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    Use the spellcheck: see little ABC box with a tick in the Reply Message panel.
                    Never even new that was there!

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      Use the spellcheck: see little ABC box with a tick in the Reply Message panel.
                      That way I will never learn!

                      Comment


                        #12
                        Originally posted by Colincbayley View Post
                        Never even new that was there!
                        It must be a knew feecher, innit?
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          Good job planner. Look forward to hearing whether it works.

                          I emailed my local court to ask for procedural advice on how to submit claims like this --- I made it very clear that I wasn't asking for legal advice, just procedural. But apparently telling me what form to use would constitute legal advice so they couldn't help...

                          Peter

                          Comment


                            #14
                            Originally posted by pcwilkins View Post
                            Good job planner. Look forward to hearing whether it works.

                            I emailed my local court to ask for procedural advice on how to submit claims like this --- I made it very clear that I wasn't asking for legal advice, just procedural. But apparently telling me what form to use would constitute legal advice so they couldn't help...

                            Peter
                            So how are people to find out what form they need ?

                            Wow there is so much confusion around all this lol

                            Comment


                              #15
                              Originally posted by AceDreamStar View Post
                              So how are people to find out what form they need ?
                              The traditional way of course. Trial and error.

                              Seriously though, I think in a few months it'll all be much clearer once some cases have actually gone through the courts. The thing is that probably the courts don't know what form should be used either so they won't pick up if you use the "wrong one". Having said that I did hear of one instance where N1 was used and the court returned it saying N208 should have been used. Then again the website landlordlaw (I think, or is it landlord-law) is selling kits to claim which are based on N1.

                              Peter

                              Comment

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