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View Full Version : My TDS Case (sorry for new TDS thread!)



cas84_utd2
21-04-2008, 12:08 PM
Ok... there have been quite a few developments in TDS recently, so I wanted to ask for assistance in putting this all together for my case which will be coming up soon.

Brief history - troublesome LL who has ignored essential repair requests, repeated threats of court / police action and issued S8 and S21 against us when we were in 2 weeks arrears for half a months rent (flatmate had trouble paying - personal / medical reasons, LL was kept informed throughout - action was totally unnecessary as arrears were cleared well before S8 timeout (as promised by us to LL)), N208 claim issued, LL has subsequently protected (10 months after receiving). LL also tried to tell us that we had to pay his costs for issuing S8 and S21, and also tried to claim that we had to leave the property on receipt of the S8 and S21 (tried to kick us out illegally).

I want to use the Gloucester County Court case law to support my case at our hearing. How can I get court transcripts / papers of this hearing so that I can use it to support mine?

I also want to use leigh123's case to support mine, particularly this part:

"The judge made the following comments:

1. As it was a part 8 claim, a letter before action would not have made any difference as it's an absolute matter and no room for negotiation (in response to defendant's complaint about no LBA).

2. The fact that the LL had subsequently protected the deposit made no difference to the case. It would still lead to judgement for either return or protection + x3 penalty.

3. It was an absolute matter, with no case for morals or discretion on a penalty, it was all or nothing. "

See leigh123's post for more details. Even though leigh lost on another technicality, can I still use these judges comments to support my case, especially number 2 as I feel that this will be what our LL will be using as his main defence. Same question as before, how can I get court transcripts / papers, or how can I use this hearing to support my case?

Following these 2 cases, and the judges comments etc, I feel optimistic about my case, despite LL's subsequent protection. I feel about 70/30 that we are going to win.

What do you guys think? Any advice appreciated.

agent46
21-04-2008, 14:53 PM
See leigh123's post for more details. Even though leigh lost on another technicality,

It's funny when people win their cases the success is always due to the judge's astute legal reasoning leading to an entirely correct interpretation of the law, but when they (or their associates) lose, it's always on a "technicality". ;)

I think you need to make your reasoning process much clearer and you also need to refer to the relevant sections of the Act. For example in point (2) you state "The fact that the LL had subsequently protected the deposit made no difference to the case. It would still lead to judgement for either return or protection + x3 penalty." If you make that point in Court, the District Judge will probably just respond "Why?" You'd better be ready with an answer, but better yet and to get the judge on your side, when making your submissions, set out your proposition and then set out why that proposition is true.

A few other general tips:

- You address a District Judge as "Sir" or "Madam"
- Sit up, speak up and when the judge opens his or her mouth, shut up.
- Address your comments to the judge, not to your opponent across the table.
- Listen very carefully to everything that is said.
- Have your papers at hand, and in a logical order.
- You don't "tell" the judge what the law is, nor do you tell him what you "think" the law is, instead, you "submit" or "suggest".

Good luck with your case. I shall watch with the result with interest.

cas84_utd2
21-04-2008, 15:04 PM
hehe I wasn't aware of that when I was typing it!

agent - you seem very knowledgable on all the legal stuff from what I've seen, how do I go about getting the court transcripts or whatever it is I need from these 2 cases I want to use to support mine? Or if this is not possible, how do I use / refer to them in my trial? Surely I need some sort of paperwork relating to these 2 hearings in order to support what I'm going to say about them?

agent46
21-04-2008, 15:43 PM
hehe I wasn't aware of that when I was typing it!

agent - you seem very knowledgable on all the legal stuff from what I've seen, how do I go about getting the court transcripts or whatever it is I need from these 2 cases I want to use to support mine? Or if this is not possible, how do I use / refer to them in my trial? Surely I need some sort of paperwork relating to these 2 hearings in order to support what I'm going to say about them?

I should say that I'm not too sure on this point though, as I've never needed to ask for a Small Claims transcript for the purposes you require!

From what I understand, it's quite difficult for Small Claims. If a litigant appeals the decision, then the Court will order that a transcript be made up from the audio tape that records most hearings, however, as far as I am aware, there is no general right for a non-party to receive such a transcript at public expense. In any case, Small Claims are not binding authority (and only very, very marginally persuasive) so if there is no higher court decision on the point, then you will more or less have to re-invent the wheel.

PM Leigh for the details of the case, then call the CC and make an application on form EX107 for a transcript to be drawn up.

cas84_utd2
22-04-2008, 13:53 PM
Thanks very much for the advice :)