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

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Comments

  • guppy
    guppy Posts: 1,084 Forumite
    Part of the Furniture Combo Breaker
    Sorry to hear that Grace.

    Did they actually try and explain how the Act applies to your case? Or are they just saying no?

    I hope the Ombudsman is more help. I'm sure if your council is acting correctly then every council would refuse to refund the money.

    Personally, I still can't see how they can rely on the Limitation Act here...but I'm not a lawyer.

    The Act means that if you take no action to try and collect a debt for six years from it becoming due, then you're prevented from collecting it at all. Given the VOA only altered the banding a couple of months ago, how they can rely on the Act? Arrrggghhh! :mad:

    Have you complained to the VOA yet? Might be worth writing to their customer services claiming the full amount back from them since its ultimately their fault. I'm not sure they'd pay, but it can't hurt and they might have words with the council.

    Whatever you do, don't give up anyway...I'm sure some of these organisations try and fob people off knowing most will just accept it.

    Good luck, Guppy
  • Nope still not heard a thing.
    Will chase it this week.

    Rooster
  • 08689
    08689 Posts: 8 Forumite
    Help im beginning to lose the plot.

    My local VOA office Manchester, have repeatedly told me that they cant provide me with specific details of actual sales in 1991 as this would be in breach of the quote " section 19 of the Commissioners for Revenue and Customs Act (CRCA) 2005, makes it a CRIMINAL offence to disclose information if the taxpayer can be deduced from its disclosure. "
    I am not wanting them to brake any laws, but this does seem to be a matter of interpretation and to be honest I obviously don’t want to know the taxpayer of the house for which the VOA are using. But when they refuse to amend my amend my banding saying "take my word for it is in the correct band", I cant help think they are a little to MIGHTY.

    However when I finally got to speak with someone who would at least give me the street and the sale price, it transpires that the house they are using to compare was sold in Nov 1991 for £73,800 yet they placed it in a band C, which is precisely why I am challenging my home being a band D! To rub salt into the wound they went on to tell me, after much debate, some street details of other homes used to compare against mine, however the streets quoted DONT have any similar 3 bed link detached homes on them and they wouldn’t even confirm what band they were in.

    I have unearthed several homes on my estate, identical to mine which are band C, plus many more that have sold on after extensions and remain band C, yet they insist that MINE is 100% correct, but they will look into the others. ( I havn’t given them any of my findings as they have yet to provide theirs used to complete my review)

    I am beginning to go mad and would love someone to tell me I am right to continue with this! Anyone out there?
    :confused:
  • guppy
    guppy Posts: 1,084 Forumite
    Part of the Furniture Combo Breaker
    Hello,

    Don't worry, you're not going mad, and you're not being unreasonable :)

    If you've already had a first letter saying "no", write in with all your evidence and ask for someone more senior to give you a second opinion.

    Withholding your information won't really help...if the VOA has already said "no", you'll need to pull out the stops to convince them to change their mind. If identical houses on an estate are in different bands something is obviously wrong and they will see that - though it may be the others are too low.

    You can request information such as the bandings of all houses identical to yours is although the Freedom of Information Act if necessary.

    Finally, if you think the previous people you have spoke to have been more obstructive than necessary, you could make a complaint.

    There's loads of great info on this thread from various ppl...this post from someone that was successful is a good start:

    http://forums.moneysavingexpert.com/showthread.html?p=4555455#post4555455

    Good luck!
  • beckiem
    beckiem Posts: 171 Forumite
    i moved out of my flat a year ago i moved along the road ive just checked to see the banding on my old flat and its A now and i was paying on a C banding for 4 years can i still get that back:mad: :mad: :mad:
    :one day i WILL be debt free
    :rotfl:i hope!! :rotfl:
  • vivatifosi
    vivatifosi Posts: 18,746 Forumite
    Part of the Furniture 10,000 Posts Mortgage-free Glee! PPI Party Pooper
    beckiem,

    Depends on when the change was backdated to. Check the listing for your former property on the VOA website (https://www.voa.gov.uk). There should be an 'effective' date, which is the date from which the new banding is applied.

    If the banding change affects the dates you lived there, you should be entitled to a refund.

    Good luck!
    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.
  • Jummy
    Jummy Posts: 692 Forumite
    caris wrote: »
    We contacted our local VOA through the web site after reading posts in this section, and found that our house was in band B and has been since 1993, however all properties below our house number are all in band A, the houses are all from the same construction - concrete block - and has such nobody owns them, they belong to the local housing authority. There are another 3 house above us and built of the same constructio, and then another 4 which are brick built, they are all in the same band as ours.

    We have today received the following letters:

    "Thank you for your proposal form dated 26-Jun-2007 asking for a change in the banding of your property. I enclose a notice outling why I am unable to accept it as a valid proposal to challenge the valuation band. The notice also explains your right of appleal against this decision.

    However, I note your dissatisfaction with the banding of your property and will review it to make sure that it is fair and consistent. If you have any evidence that you would like me to consider as part of thos review please send it to me as soon as possible. I would be grateful if you would complete the enclosed questionnaire and retrun it to this office.

    If, as a result of this review, your band is altered, I will send you a Notice of Alteration to the Valuation List. If I am satisfied that no alteration is appropriate I will inform you of my decision in writing. I would advise you that there is no right of appeal against my decision.

    The billing authority shown above is responsible for the calculation of council tax bills and any query you have regarding your bill should be made to them.

    If you have any further questions please contact ***** who will be happy to help you"

    Listing Officer



    "Thank you for your proposal to challenge the valuation band on your property.

    It might be helpful if I begin by telling you that I can only accept your proposal as valid if certain legal requirements are met.

    When council tax was introduced on 1 April 1993, everyone had until 30 November 1993 to challenge the valuation band of theur property. Since 1 December 1993, the oppurtunity to challenge your validation has been strictly limited by law. Please see the enclosed leaflet, which contains a summary of your rights of appeal. Further information can be found on Valuation Office Agency website.

    Based on the information you have given me, I believe your proposal has not been validly made. I am required by law to send you my notice of opion and this letter is the "invalidilty notice" in respect of your proposal.

    My reason for considering that your proposal has been invalidly made is that you are outside the statutory time limits.

    If you do not agree with my decision you have four weeks from the date of receipt of this letter to appeal it. To do this you should write giving me reasons why you think your proposal is validly made. Please write"APPEAL AGAINS NOTICE OF INVAL PROPOSAL" AT TOP OF YOUR LETTER.

    If, after considering your appeal, I form the view that your proposal is valid after all, I will let you know, withdraw the invalidity note and give consideration to your proposal.

    Where we are unable to resolve the disagreement about validity between us will send the necessary details to the local Valuation Tribunal who will decide the matter. The tribunal will advise you of a date of the hearing which will be to deal specifically the validity of the proposal and not the correctness of the council tax band"

    Listing Officer


    What do we do next, and how do we find out about the value of the properties has none of the concrete block houses have ever been bought or sold, three of the brick built ones have been sold previously.

    SORRY this is so long winded but I want to do it correctly, hope someone can help us out,


    Caris:)
    I am in the same position as you.
    I moved into my council house in 1999 and have only recently found out that 3 of my neighbours houses are Band B and the rest of us (8 houses) are all Band C.
    I am waiting to hear if my banding can be changed but i am not hopeful.
    My neightbours are NOT happy that i have found out about the difference in banding and are now worried their banding will go up.
    :)
  • wendywhite
    wendywhite Posts: 165 Forumite
    Hi can anyone tell me if I should be able to claim discount of my council tax bill because my husband lives on an army camp 4 hours away, only visiting on certain weekends? His main address is obviously the army camp, and yet the local council refuse to accept this?
  • I tried for this when husband was in IRAQ for 13months - they said no because his main residence was our home!
  • Hi
    I would appreciate any ideas. I checked on the houses in our row and found they are all banded in Band C whereas we are in Band D. However when I do the calculation on value of house it seems that we are indeed in D Band and it would seem that the rest of the row is incorrect. My initial letter to VOA was not encouraging as they brought in the bit about not having done it within 6 months. Is this worth persevering?

    Thank you
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