Please go through my TDS Letter!!!

[LancashireRock]

Please let me know if the LBA letter below is good enough to send forward.

 

Also who will I contact to get the claims sorted out?

 

Thank you

 

 

Name

Address

Number

 

Landlord Name

Address

Number

 

 

 

 

LETTER BEFORE ACTION

 

 

 

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £XXX required by the tenancy agreement dated 1st March 09in respect of the premises at XXXX made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), and that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the remainder of the depositdo repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims no interest under section 69 of the County Courts Act 1984 at the rate of 8% a year as gesture of goodwill.

 

The Claimant is therefore seeking payment of the remainder of the deposit after necessary deductions and £XXXX (three times the deposit), plus the court fee and other legal costs incurred.

[the_freedom_trail]

It is my opinion that the letter you have drafted is pretty similar to a particulars of claim rather than a letter before action. You need to have the letter before action looking pretty tight as it is part of your pre-action protocol and the judge would want to see reasonable attempts have been made to remedy the matter before bringing it to court.

 

Would you like me to draft you an lba that might be a bit more appropriate?

 

TFT

[Planner]

It is my opinion that the letter you have drafted is pretty similar to a particulars of claim rather than a letter before action. You need to have the letter before action looking pretty tight as it is part of your pre-action protocol and the judge would want to see reasonable attempts have been made to remedy the matter before bringing it to court.

 

Would you like me to draft you an lba that might be a bit more appropriate?

 

TFT

 

I second this. You have written your particulars of claim rather than a letter. Write a letter before action and then print off and fill in the n208 form with the above particulars of claim and send along with your LBA to show you mean business.

[LancashireRock]

HI guys, thanks for the response,

 

I started renting the flat earlier this year and have not received anything

 

I tried to text him a lot yesterday asking for it with no luck, i've got email correspondents of this also. Together with his response which I have sent to your private boxes.

 

I've called the 3 different deposit companies and none of them have the details. Where do i stand?

 

And yes please do draft on suggested letters as they will be very useful! thanks

[Planner]

I would suggest you accept his offer. That will be the easiest route.

[LancashireRock]

even though he was trying to stiff me up with bills that where not in anything to do with me?

[Planner]

even though he was trying to stiff me up with bills that where not in anything to do with me?

 

Court action shouldnt be taken for 'revenge', it should be taken as there is no other option left open to you. Your landlord has now given you, in my opinion, a satifactory alterantive.

 

Submitting a claim to the court will in no way guarantee you x3 the deposit as there are ways for the landlord to get around it due to the poor drafting of the relevant legislation.

[LancashireRock]

Court action shouldnt be taken for 'revenge', it should be taken as there is no other option left open to you. Your landlord has now given you, in my opinion, a satifactory alterantive.

 

I do agree with that and without you mentioning it I would have just blanked that point off my head.

 

Thank you for your so helpful comments, I've decided not to further on with the TDS whoohaa and just get the normal deposit back!

 

Cheers

[the_freedom_trail]

My opinion is take the offer, get the money in your pocket and get off down the pub. As has been said, you are far from guaranteed to get three times the original deposit so to get the full deposit back is a result in my opinion. Also, county court is not for the faint hearted - I first started a reclaim for penalty charges from a finance company in October 2008 and the case will not be heard until the beginning of November this year. County court can take a long time - if you can settle out of court this is your best option.

 

All the best,

 

TFT

[LancashireRock]

Thanks Guys all sorted and got the full deposit back!

 

I aint even that evil to take someone to court when I know it has the potential to cripple them. I think!.