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

grace21

Hi Zebedee,
That does sound really dodgy, I would think it could be challenged. It's worth a try.
Grace

grace21

brightonbuoy wrote: »

Hi Grace

Don't give up yet. I have to wait until I get a reply from the Chief Executive of the VOA. The local office turned me down saying it is the Council's problem...which actually it is.

I got the same smug letter and it made my blood boil. BUT, I also have some legal friends. I suggested a solution to them and they think I will win in Court. I can't say yet what it is because the smug g*t on the Council may look at this forum. BUT if I get rejected by the CEO of the VOA, I will start Court proceedgs after I return from holiday in mid Sept.

Hang in there.

Hi Brightonbuoy,
It's so fraustrating!!! I suppose I'd better write to our local VOA even if I know what the answer is!!!
Perhaps we need to join forces when it gets to court. Let me know if your happy to do this.
I just can't believe how our council are behaving....
Have a good holiday.
Grace

guppy

Hi Zebedeee,

Does sound a bit like double glazing salesman tactics. I'm not sure if there is any sort of official policy on that.

I think if your neighbour makes another appeal, the VOA would consider it invalid. I see two options:

If your neighbour feels they were treated unfairly and therefore signed the form in error they should maybe make a complaint. Maybe since they've changed their mind so soon the VOA might agree to "unwithdraw" it. Personally I don't think it would look good for the VOA to refuse to discuss the appeal anymore if your neighbour has said they made a mistake in signing etc.

If that doesn't work, they could put in a new appeal and then go to an invalidity hearing where they could complain to a Tribunal. I think Vivatifosi's post on the previous page mentioned the grounds on which an appeal can be made valid again by a Tribunal but I don't much about that.

grace21

Rooster_Booster wrote: »

Grace,

Sorry for the delay in this reply.

If I understand you correctly your council are refusing to compensate you for the period 1993 - 2000. Stating the "Limitations Act."
As they did with me!

I just stated that I believe that the Statute did not apply (section 32) and if not compensated for this period I would be claiming the amount owed through the Small claims court.

Which you can do online at a cost from £70.00. Depending on claim value.
Which I was prepared to do.

I would have given the details of the court date to the local rag to see if they would use also.

The fact that most councils seem to compesate for this period is probably enough evidence if any you require.

Worth a letter stating your intensions.

Hope that helps.

Rooster

Thanks for your reply...it's so confusing. I wrote letters in the same vien as yours but my council has no shame!!!

It's looking increasingly likely that I will have to take them on in court.

Well done for your victory. :T

Grace

guppy

brightonbuoy wrote: »

Hi Grace

Don't give up yet. I have to wait until I get a reply from the Chief Executive of the VOA. The local office turned me down saying it is the Council's problem...which actually it is.

I got the same smug letter and it made my blood boil. BUT, I also have some legal friends. I suggested a solution to them and they think I will win in Court. I can't say yet what it is because the smug g*t on the Council may look at this forum. BUT if I get rejected by the CEO of the VOA, I will start Court proceedgs after I return from holiday in mid Sept.

Hang in there.

One more thing that might help you guys if you have to take things further...don't forget the power of the Freedom of Information Act http://www.foi.gov.uk/yourRights/index.htm

You could maybe request all written notes/e-mails relating to your case from the council. Maybe even their lawyer's correspondence with the council tax department. Or how long this policy of not paying out has been in place...

They have to have a good reason to refuse on the grounds of confidentiality, and covering their own backsides isn't generally considered one...

vivatifosi

Hi Zebedeee,

The VOA does seem to be very good at getting people to withdraw their appeals and they do it without explaining your rights - which is a particular bugbear to me as I was so nearly persuaded to withdraw too when they told me I had no chance of winning...

It is possible to be 'aggrieved at a withdrawal', but you have register this within six weeks of the withdrawal. Here's a link to the VOA website on this matter:

http://www.voa.gov.uk/instructions/chapters/council%5Ftax/council%5Ftax%5Fman%5Fs3/Frame.htm

If they are outside of the timings on this matter, I would put in writing to the manager at the VOA what happened, the fact that in their opinion the listing officer failed in their duty to explain the ramifications of withdrawal and ask for an appeal on those grounds, exactly as guppy says. Hopefully the fact that they are still within the six months will work in their favour. If that fails, I would refer it to the Parliamentary Ombudsman as poor practice, and to the local MP, etc...

Unfortunately the VTS are unlikely to help in this matter. All of the Invalidity Tribunals that I looked at where people had made a previous valid complaint and signed a withdrawal form were upheld as invalid.

However it sounds like you are causing quite a stir where you live, can you get someone else to make a valid proposal that if they win your neighbour can appeal off of the back of?

vivatifosi

Hi abbotw,

First of all, big congratulations!

I recently contacted my Council regarding this same issue. They told me that they get a list through once a month from the VOA with the addresses of all the properties that have been rebanded. They then write to them and let the homeowners know what the refund is due to be. My council offers the option of either keeping the money to draw down against future bills or as a big fat cheque. They were very helpful, and if you call your council I hope you will find them the same.

I went to tribunal in June, and while I received my decision at the end of June I still have yet to hear from the council, so it does seem to take a while. I called them towards the end of July and they still hadn't got my details across from the VOA.

Also check the VOA website as that was the first place that I was able to see my rebanding. While there look at the 'effective' date as that should give you an idea how much back payment you are entitled to.
If its not on, as you said, don't delete that message for a while yet!

In the meantime the VOA should also be writing to you to confirm that you have been rebanded.

Once you've got this info together you can check whether you have been paid interest and go after that also.

vivatifosi

abbotw,

Got my notice through this morning, so about 7 weeks from decision to confirmation from council.

Monty03

I would like to use this forum to thank Martin Lewis for highlighting this issue of re-banding. I have been successful, having had to appeal to the VOA on their original decision. I have been re-banded from Band E to D.

I have to admit I did an awful lot of research in my local area, and my appeal letter was rather aggressive and detailed with me demanding all the information which justified their original decision. I did not fall into any of the catagories for an appeal, but I would not be beaten without a fight.

I have now received £3,100 in rebate from this London council. Hurrah. A small victory for the common man.

If you feel you have a case, do not let the VOA or the council bully you.

Purplepixii

Hi

My partner & I have just received a letter from The Valuation Office saying that our council tax band has been changed from E to D. This means that we'll be paying less.

They've included a "handy little booklet" but nowhere does it say that we can claim back the over-paid tax we have paid over the years.

My question (although the answer might be obvious) is can we claim back the over-payments and if so how?

Many thanks
Purplepixii