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I won the TDS claim too:)


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I won my TDS claim last week. The LL did not turm up for the hearing. But he submitted counter claim along with the documents he submitted for the hearing. But none of it worked.

 

At the time of the hearing the admin lady took me to the Judge's room and informed the judge that defendant has not come.

 

It appered to me that before the hearing the judge only read through the original claim form of mine and the claim receipt submitted LL within which he mentioned his initial objection. And also one of the previous order passed by the other judge which rejected the LL's initial objection after reviewing the the evidences I had submitted to prove how unture was LL's initial objection to the claim.

 

The judge asked me to explain my claim and I took the permission of the judge to give a brief history of the claim as well just to put a good impression i.e. why I had to come file a claim and also I tried to solve the matter by sending him 'letter before action' as well. but he ignored LAB and TDS law as well.

 

The judge had the page of the law book open infront of her and said she would have to follow the law and penalise the LL. and confimed with me that I am claiming for original depost+ 3* the original deposit.

 

And she started making notes in her book but then I took her permission to speak again and mentioned that I am not just claiming for the above but also for the interst rate upto the hearing day + the relevant court fees through out the claim + my attendance cost.

 

And she agreed to all and awarded whatever I was claiming. Judgement was entered against LL and if the money is not recieved within 14 days I can enforce it.

 

I am very much sure that my LL wont give money within the time limit so I am going to prepare for the enforcement procedure soon. I will be very happy to get any advice about the enforcement procedure.

 

Send me PM if someone need any more info about my claim.

link to my forums:

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/218621-advice-hearing.html

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/189659-advice-n208.html

 

This consumer group has helped me a lot . I am very thankful for the support and advice I received. Thank you all.

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Well done!

 

Regarding enforcement - I applied for an 'order to attend court for questioning' on LA when he failed to pay within a month. This means they must attend court to be questioned in detail about finances (and provide proof of all accounts, mortgages etc) so you can decide how best to enforce. In my case, the court bailiff went to serve the order on LA whom promptly handed over a cheque for the full amount.

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