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

Mark-W_2

Zebedee,

thats crazy that they couldnt come to a decision, like you say 1 of them must have abstained if thats possbile.

At least you know that you have a very good case to leave them in some confusion.
It also gives you the chance to polish your evidence, any little niggles that appeared last time can be ironed out.

i did notice that 2 cases on the 21st were rejected as the appealent didnt show up.

But i've yet to receive my letter, hopping it will arrive shortly.

vivatifosi

That sucks! My understanding is that the clerk cannot influence the decision, they can only advise on the wording of the law and what is possible and what is not.

I can't even see anything about your situation on the VTS website, so it can't be that common.

How about contacting the Clerk who was sitting at your appeal and ask them if they have any advice for next time? It does at least say on the web that they are happy to help in any way they ccan but have to be impartial and can't advise on winning/losing, but you must surely be able to ask what on earth happened, or at least get an explanation as to how they couldn't reach a majority decision.

Better luck next time!

Maisie

Zebedeee wrote: »

Two weeks ago, as many of you will know, we went to tribunal over our property. It went very well, although was rather more formal than I had been led to belive, and we were able to put our case across well. We have been on tenterhooks ever since, waiting for the postman to bring that letter.

Today we received the considered decision of the panel members. The letter reads as follows,

"Unfortunately, I regret to inform you that the tribunal was unable to arrive at a decision which was acceptable to all or a majority of the participating members.

Having discussed the matter with the President of the Tribunal, he has instructed me to make arrangements for your appeal to be heard by a tribunal consisting of three different members."

I find this really odd. I have never heard of anybody having to go to a second hearing, if anybody else has I'd be very interested to hear about it. Also, how can a panel of three members not come to a majority? If they don't all agree, then surely it must be a ratio of 2:1. How is that not a majority? Or did they all agree but the clerk didn't like their decision?

I don't relish having to do it all again, but at least I can rejoice that we haven't lost yet!

Any comments from those of you out there who know what is going on here would be most gratefully recieved.

Thank you all.

Zebedee

Zebedee. Sorry to hear what's happened . The decision is crazy.

As you say you haven't lost yet and at least you'll have another chance to put your substantial evidence to a new panel.
Let's hope they see sense.

Good luck.

Maisie

Zebedeee

Mark-W wrote: »

i did notice that 2 cases on the 21st were rejected as the appealent didnt show up.

Mark-W,
I notice that it says that the 'relevant parties' failed to appear. I wonder if that means that neither appellant nor VO turned up, perhaps because they had already sorted it out between themselves prior to the hearing?

Hope you get good news soon!

Zebedee

Zebedeee

vivatifosi wrote: »

That sucks! My understanding is that the clerk cannot influence the decision, they can only advise on the wording of the law and what is possible and what is not.

I can't even see anything about your situation on the VTS website, so it can't be that common.

How about contacting the Clerk who was sitting at your appeal and ask them if they have any advice for next time? It does at least say on the web that they are happy to help in any way they ccan but have to be impartial and can't advise on winning/losing, but you must surely be able to ask what on earth happened, or at least get an explanation as to how they couldn't reach a majority decision.

Better luck next time!

Thanks vivatifosi. I'm glad its not just me who thinks the whole business sounds crazy! I don't know where I would be without this forum to bounce my thoughts/ideas/problems off!

I rang the VTS today to get some clarification on the decision, or lack of it, and I have rarely met with such a stonewall of unhelpfulness. I was finally put through to the clerk who said he couldn't tell me anything. Really, not ANYTHING. He said he was instructed to say no more than the letter already said, which was nothing by way of an explanation. He said I couldn't speak to the Clerk of Tribunals as he wasn't there and he couldn't tell me anything anyway. I asked if this kind of thing happens usually, he couldn't tell me. Was there something wrong on the day or a problem with the tribunal? He wouldn't say.:mad: Do you sometimes wonder if you have slipped into a parallel universe?

So, I'm left with no idea why the tribunal members were unable to make a decision and so no idea whether anything is going to be any different a second time around. Even if, for some perculiar reason they can't comment directly on our case, I would like to know under what kind of circumstances a tribunal feels unable to make a decision and so defers it to a second tribunal.

I am in a parallel universe, aren't I?

:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

guppy

Have you got the one below? I just tried it out and got an answerphone

http://www.valuation-tribunals.gov.uk/contacts/ceo.html

Block One Angel Square
1 Torrens Street
London
EC1V 1NY
Telephone: 020 7841 8700
Facsimile: 020 7837 6131
Email: [EMAIL="ceo.office@vto.gsx.gov.uk"]ceo.office@vto.gsx.gov.uk[/EMAIL]

Guppy

Zebedeee

Yes, that was the one, thanks guppy. I kept getting the 'This number is temporarily unavailable' message but eventually got through. Needless to say, the person I needed to speak to was likewise unavailable and was to ring me back. Guess what?

vivatifosi

It certainly sounds that way Zebedeee

I was always under the impression that the people on the panel were surveyors or qualified, but when you look at their recruitment literature they are unpaid volunteers from all walks of life. They must really love Martin for increasing their workload ! Maybe there was a newbie, or they felt your case was particularly difficult in some way.

As you had the same panel as Mark-W, have you discussed it on pm? Maybe between you, you can work out their dynamics and what's going on. Perhaps he can share his results with you when he gets them and see if you can read between the lines. Heck, who knows...

Aaaarrrrrrrrghhhhhhhhhhhh!!!! Sorry, just venting for you!

grace21

For those who have been following my plight...I've just heard from my council they continue to refuse to give me a full rebate.They continue to use the Limitations Act.:mad:

Rooster have you heard from your council yet, please keep in touch with how it is going??

My next step is to contact is to contact the Local Government Ombudsman.

Grace

vivatifosi

Have you thought about speaking to a local solicitor that offers free advice for 15 mins or so? I'm not a legal eagle, I'm a full time researcher, but the Limitation Act 1980 states:

32 Postponement of limitation period in case of fraud, concealment or
mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any
action for which a period of limitation is prescribed by this Act,
either--
(a) the action is based upon the fraud of the defendant; or
(b) any fact relevant to the plaintiff's right of action has
been deliberately concealed from him by the defendant;
or
(c) the action is for relief from the consequences of a
mistake;

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud, concealment or mistake (as the case may be)
or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to
the defendant’s agent and to any person through whom the
defendant claims and his agent.

As the 'mistake' has only just been found, can the statute of limitations be said to be still in place? I don't know and I'm not a legal person, but could be worth a try.

Link: http://www.lawcom.gov.uk/docs/cp151apa.pdf