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Council Tax Cost Cutting: reduce your band and grab any discounts Discussion Area

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Comments

  • Keith1956
    Keith1956 Posts: 18 Forumite
    Maisie

    I'm glad you thought my post was of interest (pardon the pun!) Am I in the minority of claimants who have asked for the interest back?

    It seemed logical to me that I had lost money over years and someone else was getting the interest. It was surprisingly easy to get it back but you do have to be persistent in asking for a higher authority to look at your case. But I am a civil servant also and I think I know how their minds work.

    Happy to help.

    Keith
  • vivatifosi
    vivatifosi Posts: 18,746 Forumite
    Part of the Furniture 10,000 Posts Mortgage-free Glee! PPI Party Pooper
    First of all, very good luck for Friday.

    I telephoned the VTS before my tribunal to ask them what to expect. They told me that most people let the VOA put their evidence first. I found this particularly helpful, as I was then totally aware of what the VOA's proposal was and was able to mention it and counter it in my own evidence.

    It's worth taking a piece of paper in with bullet points of all of the evidence that you plan to use. This is because once you have presented your evidence, you can't go back and add something in summing up, no matter how crucial it is to your argument. Its possible that with nerves you miss a point (I did, even with my list... thankfully not a critical one). That way you can run quickly through your shortlist and make sure you've presented everything.
    Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
  • Thanks for the link Maisie. I did manage to find it the other day. But thanks anyways.

    I used the Statute argument, in my email to the Council. No reply as yet, No surprise there !!!!

    Did ask the VOA regards the Councils "lack of Data" and interest.

    They did reply and stated that if there was an error in the banding process circa 1993, then its their department that is responsible for the interest payment. And that it would be calculated using building society rates. This I should take this up with my local VOA office.

    He also said that he was surprised the Council didnt have the data required to compensate me back to 1993.

    So I'm going to wait for the councils reply. Then hit them with a small claims. Just like they would do if I owed them money.

    See if that gets their lazy !!!!!! moving. Might even give the local rag a call to see if they are interested.

    Rooster
  • 08689
    08689 Posts: 8 Forumite
    Mark, I have just read your response to Bill and note the point you make about the VOA rightly stating that it took til 1997 for the house market to recover to that at 1991, I have yet another piece of evidence which shows my home is wrongly banded. As I paid £75,000 in May 2000, and in Band D, the back calculator however slightly inaccurate using this calculation, places my home value at £63,300 way short of the £68,001 threshold for band D.
    Which would explain why the other like 3 bed homes on my estate were band C!
    :beer: :beer: :beer:

    Why cant the Manchester North VOA office see what I can see?
    :confused:
  • Maisie
    Maisie Posts: 1,343 Forumite
    Keith1956 wrote: »
    Maisie

    I'm glad you thought my post was of interest (pardon the pun!) Am I in the minority of claimants who have asked for the interest back?

    It seemed logical to me that I had lost money over years and someone else was getting the interest. It was surprisingly easy to get it back but you do have to be persistent in asking for a higher authority to look at your case. But I am a civil servant also and I think I know how their minds work.

    Happy to help.

    Keith

    Hi Keith

    Voa/Councils should pay interest on rebates of monies erroneously paid to them but some posters have not been able to reclaim this. I brought your post to the attention of this thread as you have been successful.

    I wasn't thinking of myself as I haven't been able to get a rebanding as yet and I was the original poster way back in August 2005!

    With your civil service background perhaps you can keep an eye on this thread and give advice? Knowledge from another dimension is aways an asset.
    Guppy and others do a great job in helping posters and there's always room for advice from a different perspective.

    Well done on your rebanding/rebate and interest. Enjoy!

    Maisie
  • Daisy_Bell
    Daisy_Bell Posts: 186 Forumite
    MinMoz - like Guppy said, there is really nothing you can do about the six months rule, even if you have a good case. There are only a limited number of circumstances where you can appeal against your banding when you are 'Out of time'. That's where they have everyone tied up!
    I had my 'Invalidity' Appeal today and I was allowed to read a prepared statement of my claim, although I couldn't present any actual evidence. I knew from the outset that it was hopeless and I hadn't a chance in Hell of winning, but I just didn't want to leave any stone unturned so to speak! I shan't know the outcome for about a week, but I pretty well know I've lost. I have won another review however, but I'm not holding my breath on that outcome either. But...I shall know I've done my best and I can't do any more than that.
    I based my reason for being 'Out of Time' on the fact that when the Council Tax was first introduced, it was widely proclaimed (well it was around here) that the bandings were not going to be based on sale prices alone, but on many other factors too. Things like the type of area the property was in, available facilities, etc. The VOA describes some of these factors as 'Tone' and 'Ambience'! Anyway, we took what they told us in good faith - as did most of the others around here and that is why we're in this situation. Large four bed properties with two garages and large gardens being banded the same as much smaller three bed properties, with one garage and much smaller gardens. If we had been told the bandings were based entirely on 1991 sale prices, we would appealed at the time. I maintained today, that we were misled by the VOA in 1993; that we weren't told the truth that the bandings were in fact based on the values of properties and nothing else! That, I told them, was the reason why we never appealed at the time, as we only found out the truth when we watched Martin's programme on TV! AND..
    Much good may it do me! :p

    "Common Sense is really not so common!"
  • MinMoz
    MinMoz Posts: 156 Forumite
    Thanks Daisybell - agree with you entirely - I still dont understand the point of having an appeal hearing for a simple yes/no question?!

    Interesting point from my hearing tho - I claimed that the 6 month rule was not consistent as there had been property bandings reviewed in my street that did not tie in with house sales - surely there would be a direct correlation between the two??

    Anyway, the panel did try to help me but stated that as none of these bandings were within the last '6 months' then these couldnt be considered. Interesting manipulation of the 6 month rule tho and exactly the reason I went in to speak to one of my neighbours who is in the same position except they only moved in 3 months ago.

    Might be a chance that I could piggy-back on their re-banding.

    Just a thought for a new approach.
  • Thank you ,we checked with the voa and yes we have been in the wrong band for 14 years. We were in band D and have been moved to band C and we recieved a cheque for £1294.81.:T :j
  • vivatifosi
    vivatifosi Posts: 18,746 Forumite
    Part of the Furniture 10,000 Posts Mortgage-free Glee! PPI Party Pooper
    Glad you found the info I sent useful. I used a similar piece of information for my appeal and the tribunal referred to it in my decision. Unfortunately I only discovered this report after my tribunal. In the words of the great Homer Simpson DOH!!!!

    In my case I then found reference to a second estate built in 1991 and marketed at the same time as the AVD. So I had two pieces of evidence to the same effect. It will be much easier to use the RICS data if you have that second piece of data for the locality. If you don't they may uphold the VOA's local evidence. The Tribunal panel actually asked the listing officer what evidence he had to contradict mine and he couldn't provide any other than the historic trend that had been established.

    Oh... the sweet taste of revenge and the sweet smell of pound notes... Though possibly not in that order.
    Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
  • grace21
    grace21 Posts: 35 Forumite
    Thanks Guppy will keep you posted!!!
    Grace
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