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

spark1

vivatifosi

I phoned them and they dont know why my property band was reduced in the first place, even though there is another 3 houses identical to mine in my street and one is a 3 bed all banded C, mine is a 2 bed by the way. They said they are going to reband the 3 other properties aswell to a D, even though they have been banded C from day 1. I think because ive pushed hard for interest on my refund, they dont want others in the street to start, so they want all the properties on a band D now, to put nip it in the bud. Once they send my alteration notice, I have the option to appeal and go to tribunal and see their sales evidence from 1 April 1991, I searched all the local newspapers etc and paid to download prices from land registry about the properties in my street when I first went for the reduction.They said they wont let me see their sales evidence due to it being protected under the data protection act, because their information comes from Stamp Duty Sales on properties in my AREA ?. My free legal helpline wont give advice on financial matters / local governments etc. Basically they have their own rules etc, just a bunch of ar--oles imo.

Tony

guppy

vivatifosi wrote: »

However my thought is that as it isn't in the curtilage and would seem to have an implied value (by way of making the house more saleable), then it may be something that I may want to see if I could get excluded from the value.

Clear as mud?!

Very confusing!

To my mind, if the spaces outside the curtilage are owned independently of the houses themselves, either freehold, or on a lease, then they are completely separate for council tax purposes, and no value can be attributed to the houses of the people that happen to own those spaces.

When looking at the hypothetical value of a particular house at 1991 its only assumed that that particular property was up for sale at April 1991, not that any/all other properties were available at the same time, so the existence of the freehold parking space nearby is irrelevant, even though its availability when the house was sold might have swayed the deal.

On the other hand, if the deeds of the house contain the right to park in the area marked in green, maybe the value of this right can be attributed to the house.

Definitely clear as mud!

suezd

exvoperson wrote: »

Cant understand why the VOA have gone back to 1993 with an increase. If it was a simple mistake and the flat was in too low a band then the increase will be limited to when the list was altered. I assume there was no relevant transaction as it was a council flat but again if there was a 'right to buy' transaction it would be date limited. Do you know why the banding was increased?

Regards

ExVOperson

Thanks everyone for your comments and suggestions: Have written to the VOA today for further clarification and to request that the bills are written off. Will let you know the outcome! In answer to various questions, our council is in Oxon and we do not know why they increased the banding (it was a private not a council rental).

vivatifosi

spark1 wrote: »

I searched all the local newspapers etc and paid to download prices from land registry about the properties in my street when I first went for the reduction.They said they wont let me see their sales evidence due to it being protected under the data protection act, because their information comes from Stamp Duty Sales on properties in my AREA ?.

Hi Tony,

If you have a valid appeal then you have a right to go to tribunal. No matter how much they say the information is under data protection now, they will have to reveal it at tribunal because otherwise why would the VTS find in their favour? They can't just turn up and say "We put the band down but we've put it back up again because we made a mistake and we can't tell you why". I couldn't get info on sales where I am but they had to reveal it at tribunal, so just bide your time and force their hand. Remind them that you are planning to take this to tribunal and tell them that they will have to divulge this information at that point.

Also get your neighbours on side and if they reband them upwards, get them to appeal within six months of the upward reband so that they have a right to appeal to tribunal. Too many people just moan and b*tch about their neighbours if they get rebanded upwards. You see hardly any tribunals where people fight back.

spark1

vivatifosi

Once they have made the alteration and sent me the notification, I am enetitled to see their evidence if I appeal. "appeal I will" I have sent them a letter "recorded" to see all their evidence and any other information they are holding etc under the Freedom of Information Act and Data Protection Act and contacted my local MP for his help in this matter, so Im buliding my case now, and I think theres another 3 properties in my street they want to reband, even though they have been banded the same from 1991.

Tony

vivatifosi

Tony,

Sounds like you have matters well in hand..

Good luck with your appeal, I look forward to seeing you post your success story in a couple of months from now!

spark1

vivatifosi

Im gonna do my best, have to be a bit careful what you put on these forums becasue I know for a fact people working in the VOA peep in, how sad are they also had someone pm today offering to help me build my case etc so Im hoping to put it across in a professional matter like the opposition will do even though they have access to professional personal at the Tax Payers expense. Will update.

Thnaks Tony

grace21

:j :j For those of you especially 'Guppy'who gave me the encouragement and support to continue to fight. I won or at least they have backed down and offering a full settlement!!!
Thankyou thankyou thankyou
Grace :rotfl:

Zebedeee

grace21 wrote: »

:j :j For those of you especially 'Guppy'who gave me the encouragement and support to continue to fight. I won or at least they have backed down and offering a full settlement!!!
Thankyou thankyou thankyou
Grace :rotfl:

Thats fantastic Grace! Really pleased to hear that you won eventually. It takes guts and determination to win when they have dug their heels in, so congratualtions.

Zebedeee

guppy

Well done Grace, really pleased for you Still shocked at your council's attitude, they should be paying you additional compensation for your trouble!