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

exvoperson

vivatifosi wrote: »

Hi exvoperson,

I have requested to see the data and also had to go in to view the information. I had no idea what law this was under. I was told that I was only allowed to make notes, not photocopy anything and the Listing Officer sat in the whole time to make sure that I didn't see anything that I shouldn't. I was told that in that office I was only the second person to make a request to visit the LO since 1993 (somewhat concerning - no wonder its so hard to win a case). When I went to Tribunal I was surprised that some of the info was quoted in the case decision notes and therefore became part of the public domain anyway.

I'm concerned that while you do have a right to view the list, the VO tries to offset this with their arcane knowledge of other laws that Joe Public doesn't stand a chance against. This is why I'm so interested where you get on this.

You are probably aware of these, but I find the Parliamentary Ombudsman and Information Commissioner's rulings helpful in this area. I also feel that the ICO would be where to push if you want to take this further, given how much he's making MPs squirm at the moment over expenses!

Here's a couple of weblinks:

https://www.ico.gov.uk/upload/documents/decisionnotices/2006/decision_notice_fs50090387.pdf

http://www.ico.gov.uk/upload/documents/decisionnotices/2008/fs_50137528.pdf

http://www.ombudsman.org.uk/improving_services/selected_cases/AOI/aoi9910/8915-a39.html

Good luck. I'm from a property background too (albeit commercial) and if I can't get my head round much of this stuff then I don't see how anyone else who doesn't work for the VOA can!

Dear Vivatifosi.

I'm from a business rates background and specalise in industrial property with 22 years spent in the VOA until I left last year since when I have become sidetracked on council tax work, I wonder why!

Thanks for those useful judgements. my thoughts for moving forward are:-
-Ability to make appeals. this is the main problem with CT as far as I see it as most people are outside the 6 month time limit. However I think far greater use can be made of the right to appeal on the back of a Valuation Tribunal decision ( which are published on thier own website). The reguations on appeals for CT and business rates are very similar and were made at the same time (SI 290 and 291) and the understanding on the business rates side was that provided the wording was correct and coforms with the regulations the VOA could not object by declaring the proposal invalid because the regs state 'in the opinion of the interested party' you think the list is inaccurate you can appeal if........
therefore if you, in your opinion ,think a tribunal decision is revelant then you can make an appeal. The VOA's opinion does not even come into it At the subsequent hearing it may be that the relevant VT decision has no material affect on your case however if for other reasons you can show the band is wrong then the tribunal can grant a reduction. My local VO council tax section do not agree with me on this but as I have the written VOA instructions with me they will be in for a shock at tribunal.
-the second issue is lack of evidence as all we can normally do is view old papers in the library and look for similar proerties that have been. A comparable banding which has not been appealed or is based on the sale price of that propert carries almost no weight at tribunal'
What I intend to ask the VOA is
1) under the freedom of information act can you provided me with sale prices and dates for a given road or group of comparable butand fairly identical houses. for example I know of a close of 14 identical bungalows one of which was reduced in 1993. I will ask for all sales in 1990 to 1991 but will not ask for the address of the ones sold. This hopefully gets around the restrictions on personal data but will give me an idea as to 1991 values
2)I will ask to see the files the VO have on all their settled cases. Basically when an appeal is agreed or withdrawn a case is written up with comparable sales and settlements. I,m not sure if they will let me see the sales information even though it has been in the public domain having been sent to the appealant. If important I could contact the appealants property to see if they still have the details sent to them by the VOA.
3) I will ask to view all sales particulars held for 1990-1991. I assume they will delete any sale prices written on them.
4) when the voa serve section 26 notice of their comparable sales I will then be in a postion to ask for detailed sales information based on what I have learnt from the above.

I will then see the VOA in tribunal with a range of evidence and hopefully will win. Does anyone have any comments to make on these proposed tactics.
Regards Ex VO person

catsorcl

Hi everybody,
I am looking for some advice to challenge my Council Tax Band (Surrey Heath). I am currently in Band F but looking at some properties around my area, they are in the same band for sometimes being 1.5 time bigger. That is why I decided to go to see the banding of my neighbours and although I notice that most them had the same band as me, one of the houses is in band E which seems more reasonable (This house is also identical to some other houses in band F). So I decided to see the price of the property and looking at it this one was bought £270 in June 04 whereas mine was bought £283 in June 06. It seems that my case would be quite strong but as this is the only house amongst about 20 to be in band E, I am a bit worried that instead of decreasing the band of all the houses, the Council will increase the band of this house. Could you tell me if I should proceed the challenge and how please?
Thanks in advance for your help.

HardSpend

Hi, I phoned up the assessors because I think my band is wrong. They told me I cannot backdate the claim because I have lived there longer than 6 months, is this correct? I don't think the article is clear.

exvoperson

HardSpend wrote: »

Hi, I phoned up the assessors because I think my band is wrong. They told me I cannot backdate the claim because I have lived there longer than 6 months, is this correct? I don't think the article is clear.

When you say the assessors do you live in Scotland? I ask as the law may be different in Scotland and I'm only knowledgable in English law.

HardSpend

Yes Scotland, where superior law resides hehe

HardSpend

Okay put in my claim, reading the claim stories from Scotland on this board it seems that almost all get knocked back straight away because they have stayed in the property longer than 6 months, can but hope!

bonjoursilverfox

Bought our house in Dec 2007 - it was built in 2002 but is individual as it is built of ironstone and is detached in an established village; therefore can't compare neighbours valuations; did calculation on purchase price and found out that it may have been worth £115k in 1991 which means that it should be Band E but we are Band F - do you think it's worth claiming? Only have 3 beds (one of which is downstairs) as bungalow with loft conversion. Do have a conservatory and detached garage - any thoughts would be appreciated?!

Zebedeee

It's tricky, bonjoursilverfox, as the price calculator alone doesn't prove anything. You need to find some more concrete evidence. For example, are there other properties in your village which although different in style or appearance are approximately the same value as your property now? Check to see what bands they are in. Also, you cold try going to your library and looking at the property pages of the local newspaper to find houses in your area for sale in early 1991. Any properties simillar to yours in value could be useful comparisons.

Once you have tried the above you should have a better idea of whether or not to procede with this. If you do, do it soon, before your 6 months runs out or you will be in for a much bigger fight!

Hope that helps,

Zebedeee

everettian

Had a letter from my Local VOA office this morning NOTICE OF ALTERATION TO AN EXISTING ENTRY IN THE VALUATION LIST they have reduced me from band C to band B with an effective date of alteration to 1st April 1993 !!!!:j:j
The coded reason for the alteration is 6.
Code 6 in the leaflet is The entry in the council tax list has been amended in the light of additional information.
Just telephoned my local CT office and they said as soon as they have received the alteration from the VOA office they will refund me back to the effective date of alteration 1st April 1993.( for me this is 1997)
I reckon on a cheque for £3500 but I aint counting me chickens Woo Hoo !!!:j

Zebedeee

Congratulations everettian! Great to hear your good news. You are very fortunate not to have to go to tribunal. There must be someone with some sense in your local VOA!