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TDS Case with Court Date - What can we put on witness statement?


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With the help of all the info and advice on here we've made a claim against our LL for not placing our deposit in the TDS and now have a court hearing in several weeks time. As well as the documents we have to send in (again found good advice about this on here) we've also been asked to provide our own witness statements. My question is what can we actually put on here? Do we put just the basics of the claim similar to the wording used in the actual claim? (again found on here, thanks Planner) or do we put such things as our arguments against the landlord's defence (he protected the deposit immediately on receiving the claim saying he was unaware of the legislation but has now "rectified" the situation).

We’ll want to make use of some of the excellent wording found on here about subsequent protection including the conclusions of judges in the other cases but not sure if this should go on the witness statements or be saved for the hearing. Would welcome any advice. Thanks.

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Hi Redmax, you replied to my post regarding TDS claim and told me about your online claim. Would you mind sharing your 'Particulars of Claim' filed on MCOL site. I have seen Planner's wordings but am wondering where to put in other things like requests for prescribed info etc not responded to by landlord. Many Thanks, Reneerana

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  • 1 month later...

Hi Redmax,

Just a very quick question. Do you file the answers to Defendant's defence along with the allocation questionnaire? Or do you leave it for later when hearing date has been decided? My case defence has arrived and I have to submit the allocation questionnaire very soon and unfortunately I have no internet access at home at the moment. So, will be accessing tomorrow again in the library.

Many Thanks, Reneerana

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Hi Reneerana

 

To be honest I'm not sure. On the allocation questionnaire we just put basics of the claim and reasons for making the claim, we didn't mention LL's defence, but not sure if that was right.

 

We are though going to put our response to LL's defence on the witness statement that we've been asked to provide before the court hearing. Not even sure if this is right but think it's better to put it down in black and white somewhere, just in case we aren't given the opportunity to say so at the hearing.

 

Will let you know how we go on and good luck with yours !

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Thank you, Redmax. After reading you reply, I have decided to submit a brief reply to the defence submitted by LL. I will hopefully be able to elaborate on these points later at the hearing. I am also not sure if this is right thing to do but didn't want the judge to have any ideas based on the made up things put in the claim by the LL. At least this way, he gets some idea of my side of the facts too.

I am looking forward to your hearing results and wish you all the best with everything.

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