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

cas5090

Could I ask some advice please?

In April 2010, using the guide on here, I tried to get my council tax band changed from B to A. Despite having what I thought was an excellent case it was refused and I was told there was nothing more I could do, I had no right of appeal.

3 months ago I received a letter from a "no win no fee" company offering to try and get my band reduced. I told them I had tried and been refused but they were happy to try again on my behalf. I agreed to pay them 30% of any refund I received.

Today I got a letter from the Council Tax Valuation Office informing me that my house HAS been reduced from Band B to Band A, backdated to 1st April 1993. Brilliant!

My question is, if the council now admit my band was wrong all along and they were wrong to refuse me when I initially applied for this re-banding last year, should they not be responsible for paying the fee to the firm who have acted on my behalf?

As I see it, the error made by the council initially AND last year has cost me 30% of my refund!

Or am I just being greedy now?

Many thanks in advance.

Padstow

lincroft1710 wrote: »

Padstow, given those facts their response will probably be that neighbour's house is in the wrong band.

Ooh, ouch!

CIS

My question is, if the council now admit my band was wrong all along and they were wrong to refuse me when I initially applied for this re-banding last year, should they not be responsible for paying the fee to the firm who have acted on my behalf?

In E&W The council don't band the properties, they are not to blame - they are legally obliged to charge at the band sent by the valuation office so any queries like this would have to be directed to them.

cas5090

Thanks for the reply CIS. So is it realistic for me to pursue the Valuation Office who refused my first application for re-banding?

CIS

You can try but Ive heard of very few cases of them actually paying out.

cas5090

Ok thanks, I'd be interested in hearing anyone else's views on this.

lincroft1710

cas5090 - the firm may have found new evidence which persuaded the VOA your band was wrong or there may have been a Tribunal case on a similar property since you made your application and the VOA decided the CT band of your home should be reduced accordingly. Although you consider your own case was "excellent", the VOA may have found several flaws in it hence their refusal to reduce.

The VOA are not obliged in law to pay any costs or fees a taxpayer may incur whilst pursuing a request for a band reduction. As CIS has posted it is only on extremely rare occasions would this happen and I would doubt your case is one of them. Further, in your particular circumstances 30% of a refund over 18 years as a fee is extortionate and the VOA would vigorously dispute that this is a reasonable fee.

cas5090

Thanks for the reply lincroft

I do believe I presented all the evidence required, I had done extensive research. The only other property identical to mine to have challenged their banding a few years ago won and was changed from a B to an A. This house is directly opposite mine. I had other good evidence too which is why I was so gobsmacked to fail in my attempt.

Ah well, I'll have a go at recouping my costs and see what happens.

luckystrike7

Last year, ahead of selling our previous home (built / moved in 2002), we unsuccessful in requesting council tax rebanding via the valuation office - we wrote advising of similar properties in the same building which were banded lower.

I have just been advised by the lady who bought our property eariler this year that she too has now appealed on similar grounds and has been successful with the property rebanded effective 2002. My question is do we have any avenue to pursue council tax refund for while we owned the property, particularly given we had ourselves already appealed?

Thanks in advance

CIS

If the band has been reduced back to 1993 then any reduction is applied retrospectively. Any council tax accounts that have existed for that property would be adjusted accordingly. You need to wait until the council have adjusted the property and then contact them about the refund.