Overdue council tax rebate
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ccalvo23
Posts: 7 Forumite
Hi guys,
At the start of the year I moved out of my flat and into my parents house (primarily to be closer to my Mum in short term). I contacted the council to notify them of this and to stop charging my flat. I was due a repayment of already paid council tax and was told to fill out the necessary form online and my payment would be processed with 28 days.
Well, 28 days passed at the start of February. I contacted the Council at the start of March and was told it would be with me by the end of the next week. That came and went. So, two weeks ago I phoned again and was told 'there was a hold up because no one was able to sign it off, but its been posted today so it will be with within 3 working days.' It is now 7 working days later and still no cheque.
28 days has become 76 days. Of course, we all know woe betide any council tax payer that is late with payment. It doesn't take long for the threatening red letters to arrive.
What recourse do I have? How can I speed this payment up and where can I make a complaint about the lies, deceit and incompetence of the council staff?
At the start of the year I moved out of my flat and into my parents house (primarily to be closer to my Mum in short term). I contacted the council to notify them of this and to stop charging my flat. I was due a repayment of already paid council tax and was told to fill out the necessary form online and my payment would be processed with 28 days.
Well, 28 days passed at the start of February. I contacted the Council at the start of March and was told it would be with me by the end of the next week. That came and went. So, two weeks ago I phoned again and was told 'there was a hold up because no one was able to sign it off, but its been posted today so it will be with within 3 working days.' It is now 7 working days later and still no cheque.
28 days has become 76 days. Of course, we all know woe betide any council tax payer that is late with payment. It doesn't take long for the threatening red letters to arrive.
What recourse do I have? How can I speed this payment up and where can I make a complaint about the lies, deceit and incompetence of the council staff?
0
Comments
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Assuming it's England, you do have the right to use a county court to claim any credit owing in certain cases however has a revised council tax demand notice actually been issued showing the credit and was the move straight to another property, in the same area, on which you are also fall liable for the ctax charge ?I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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Assuming it's England, you do have the right to use a county court to claim any credit owing in certain cases however has a revised council tax demand notice actually been issued showing the credit and was the move straight to another property, in the same area, on which you are also fall liable for the ctax charge ?
Yes. It has. I have moved into my Mum and Dad's house, where of course they are liable for council tax.0 -
Yes. It has. I have moved into my Mum and Dad's house, where of course they are liable for council tax.
You can then, in theory, use Regualtion 55 to take further action in respect of an unpaid repayment.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
You can then, in theory, use Reg 55 to take further action in respect of an unpaid repayment.
Thanks very much for your help.
So can I file the claim using the govuk portal make-money-claim-online (as a new user I cant post web link)? And will the council have to reimburse me for court fees?0 -
Thanks very much for your help.
So can I file the claim using the govuk portal make-money-claim-online (as a new user I cant post web link)? And will the council have to reimburse me for court fees?
How much are we talking about ?
For a money only claim for less than £10k the small claims would be the way to go. Recovery of costs is very limited for a county court case but the small claims application fee would usually be ordered to repaid by the courts, ultimately though the decision rests with the case judge.
What the court would expect is that you have tried with the council first and informed them that you intend to take legal action before you do so and give them 14 days or so to respond. You would need to make sure that the letter goes to the council's legal team.
In over a decade however I've never heard of anyone who has actually used reg 55 and gone down the legal action route. It's a relatively unknown regulation for the sake of utilising it.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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