TDS County Court Claims

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    #31
    does someone know of a working link to the N208 Claim Form?

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      #32
      http://www.hmcourts-service.gov.uk/c...8(cc)_0302.pdf

      Have you heard of Google?

      Peter

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        #33
        Just to keep everyone updated, I filed my claim using the N208 form for something other than money and based it on the wording kindly provided by Planner.

        LL has defended claim based on fact that I didn't ask them to do it and they have now protected the deposit (copy of certificate sent to court)! LL phoned to say that it should all be done with now and doubts I will recover my court fee.

        I believe the action of immediately protecting the deposit upon receipt of the claim only strengthens my case as it shows both that the deposit exists and that even LL believes it should have been protected, but wasn't within the 14 days.

        The case continues but without seeking order for LL to either pay deposit into TDS or repay it to me. Still seeking order for x3 penalty and recovery of court fee. Hearing listed for April.

        Thanks again to members of this forum for their help and advice up to this point.

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          #34
          Many Thanks for the update ... I'm interested to see the outcome.

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            #35
            Before I go to hearing with my case, I was wondering if one of the more knowledgeable people on this forum could confirm something for me.

            As my Landlord protected the deposit on receipt of the court claim and the deposit is now properly protected, how does the wording of the Housing Act still allow a 3x penalty?

            It states that the x3 penalty applies "if on such an application the court" is satisfied that the "initial requirements" of a scheme have not been complied with in relation to the deposit.

            But obviously they have now, unless the "if on such an application" means at the point in time which I filed the claim.

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              #36
              The law stipulates that the landlord must provide you with the prescribed information. Has he done this yet, and did you sign to say you'd received it?

              Peter

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                #37
                Yes, this has been done and a copy of the certificate sent to the court.

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                  #38
                  Originally posted by leigh123 View Post
                  Yes, this has been done and a copy of the certificate sent to the court.
                  Why did you sign it? I'm not sure if it will make any difference to the case, I'm just curious.

                  To be honest I think you might just have to wait and see. Unless, as you suggest, the "if on such an application" means at the point at which you filed the claim rather than the point at which the case comes before the court. Someone's bound to know that, I would think, but I don't.

                  Peter

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                    #39
                    Sorry, I meant to say that I haven't signed it, only the LL has signed it and sent it to the court as proof of the protected deposit. Since then, I have also been given a copy for myself and a copy to sign and return, which I have yet to do.

                    I'm hoping that the "if on such an application" means the point at which I made the application to the court. If not it would seem that a LL could ignore the TDS (for over 9 months as in my case) and wait until T has paid £150 to file a claim before reacting.

                    At the very least I hope to recover the court fee but the x3 penalty would be preferable!

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                      #40
                      Originally posted by leigh123 View Post
                      Sorry, I meant to say that I haven't signed it, only the LL has signed it and sent it to the court as proof of the protected deposit. Since then, I have also been given a copy for myself and a copy to sign and return, which I have yet to do.
                      So he has no proof that he has given you the prescribed information at all, let alone within 14 days of receiving the deposit.

                      I'm hoping that the "if on such an application" means the point at which I made the application to the court.
                      I would have thought so.

                      If not it would seem that a LL could ignore the TDS (for over 9 months as in my case) and wait until T has paid £150 to file a claim before reacting.
                      ...which would be a crazy situation. So it might well be true, under this government. Or indeed any government, ever.

                      At the very least I hope to recover the court fee but the x3 penalty would be preferable!
                      When's the hearing?

                      Peter

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                        #41
                        Where is the incentive to protect the deposit within 14 days if you can wait until you're taken to court and then protect it without fear of being penalised?

                        D.

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                          #42
                          Originally posted by pcwilkins View Post
                          So he has no proof that he has given you the prescribed information at all, let alone within 14 days of receiving the deposit.
                          Well, LL sent copy of cert to court along with relevant defense forms, court then sends copies of all documents to me so in effect the court knows I have received the certificate at the very least. The information for tenants leaflet was not sent by LL to court, so could still argue I guess that all the prescribed information was not received.

                          I have to agree with your point Peter about it being crazy if there is no incentive to protect a deposit but highly possible as it's government related but I have to put faith in the fact that if the law clearly states that something must be done within 14 days, then there also must follow some kind of punishment else there is no point in that law existing.

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                            #43
                            When's your hearing date?

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                              #44
                              It's due for Mid April. Is anyone else going to beat me to it?!

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                                #45
                                Originally posted by leigh123 View Post
                                It's due for Mid April. Is anyone else going to beat me to it?!
                                Lol ... Not me .. I haven't even filed yet!

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