'Council tax appeal rejected as you’d lived in the property 6 mths+?' blog discussion



  • amichae1
    amichae1 Posts: 4 Newbie
    edited 14 January 2011 at 1:31PM

    After numerous declines from the Valuation Office, with no where to go,,,,


    I have not had to use any solicitors or even go to court even though I have been living here for over 10 years.

    I am now due back 10 years of back payments and the council has already confirmed that !!



    Would you believe a council official told me "You lucky chap"... I was like " You taking the P*55",, that is my money that you owe, ha ha ha.. the official diD resopond by saying.. "Of course, I guess it is".


    IT CAN BE DONE,, ( please read my first post to see the story )

    JOHNGT Posts: 108 Forumite
    I moved into my house in 1994. Was shopping around in August 2010 for gas suppliers etc using MoneySaving Expert and came across the Council Tax success stories thread. Wasn't aware I could appeal until I read that.
    Have since written to Lothian VJB for the 7th time today (as a stage 3 complaint) and have cited their refusal to ensure the list is correct and their refusal to properly explain their banding decision to me.
    I am out of time on the 6-month rule and an appeal (which I expect to be rejected) will go to the VAC in March.
    The evidence I have that my house should be band F rather than G would be irrefutable if I could only get my appeal head by the VAC. However, that looks unlikely and I am left to suffer the frustration of dealing with Lothian VJB.
    This is an appaling law and should be changed forthwith. I wrote to John Swinney, the Scottish Minister in charge of CT and asked him to allow appeals at any time subject to a fee (according to band being appealed) to discourage spurious appeals. He simply passed this on to useless bureaucrats in the Scottish Executive whose response was riddled with inaccuracies and condescending.
    If my stage 3 complaint fails, I wil go to the Local Gov Ombudsman.
  • I am sure everyone on this board can feel your frustration. It took me a few letters, phones calls, a meeting with my MP and patience before I eventually won my battle, and 10 years after I moved in.
    In fact, my MP originally sent me a letter referring me back to the Martin Lewis website. It took a second letter to the MP where by I made it clear that it was obvious that my initial correspondance was taken lightly and it felt as if they didn't even bother to read it as they would have known that I am on this path because I am taking the advice of Mr Martin Lewis already.

    I eventually wrote back and requested that they could at least aid me to find a contact that may be able to guide me in the right direction, and in doing so, niether me or any of my family would ever contact or bother our local MP or any of his colleagues ever again.

    That prompted my Local MP to call me directly and arrange a personal meeting with me, and ironically, he turned out to be a very pleasant, sincere and honorable gentelman, who wrote to the Valuation office on my behalf. All I wanted was a fair valuation and proof of their justifaction that my house was a higher band than all the others..

    Of course, they could never do that as my house is a mirror of all the others, haha, and in turn, I got my down-scaled band and a full refund for 10 years..

    Don't stop until Justice is done friend :-)

    Good Luck.

  • Gwar
    Gwar Posts: 3 Newbie
    Hi Martin,

    Try and work this one out!

    We appealed against our Council Tax banding and was rejected. We are currently band D and should have been band C. We contacted the Council who compared our bungalow to houses and bungalows in our area, including one property which was on the other side of the town but the properties they were comparing our property to were not the same. We have a 2 bedroomed bungalow with a shared drive and detached garage with no electrics and no additions to the property such as a conservatory or extension. We were getting compared to 3 bedroomed houses with extensions and private drive with attached garage with electrics, three bedroomed bungalow with large corner plot, three bedroomed bungalows with private drive and attached garage with electrics. When we compared our property with exactly the same sort of property just a road down from ours they'd refused it. Also we had the sale receipt from 1986 stating exactly how much our property was purchased for at that time by the previous owner and they reckon that in the 5 years that the cost of our bungalow has gone up by over 40%!!! We have used your link to find out how much our property was worth when the allegedly done their valuations and it clearly shows that we should be in tax band C but they don't accept our findings. How can we go forward from this and pay the correct banding? We would need to apply again as it has been a while since we appealed and the chance to appeal against their decision has passed. We went to the appeal with a pack showing plans of surrounding houses and documentation as to what they were paying and also information and evidence of surrounding properties and their circumstances.

    We hope someone can help us pay the correct council tax.
  • I appealed against an Invalidity Notice (because I have lived in the house longer than 6 months) My neighbour lives in an identical house which has been in a lower band since 1993, I have only just found out from looking at the valuations/bandings online. Has anyone won a Council Tax Invalidity Notice Appeal? Any evidence would be appreciated so I can take it to the hearing.
  • Hi Ya,

    I was one of three house owners on my road who was paying more and I lived there for over 10 years. I appealed two times and by the third the council told me that it was three strikes and I was out, and I no longer was able to contest it any more.
    Well, I didn't waste any time and went straight to my local MP and told him exactly how the borough was being run and although it is not directly the MP's responsibility to manage counctil tax, he must have represented me because the council backed down and my tax was lowered and the council were then obliged to refund me 11 years of over payments. I also helped my neighbour who was also downgraded and back paid 13 years be careful though, if your band is right, the rest of the street can be adjusted up !!


  • Red_dog_Sam
    Red_dog_Sam Posts: 228 Forumite
    First Post First Anniversary Combo Breaker
    Anyone looking to appeal against a banding should note that your band is not decided by your Council. Your Council has no control over the banding assigned to your property and does not decide appeals. The Council merely charge based on the decision of the Valuation Office Agency. For advice and appeals information contact the local office of the Valuation Office Agency.
  • Can anyone tell me if there has been any progress on this thread since 2013? I bought my house in 2002 and due to it needing extensive renovation the AVJB (Scotland) wouldn't band it until 2004 and back-dated this to 2002. At the time I thought I had to accept the banding and didnt receive any information on how they had reached their decision - I wrongly assumed they would have looked at the neighbouring properties to confirm a banding, but I later (more than 6 months later) found out that the neighbours are Band D, but I am Band E. I appealed in 2009 and they again visited the property, agreed it was the same as the neighbouring houses, but that I could not appeal due to the 6 month appeal timeframe. I have again appealed and I have a meeting at the end of September with the Board, but this meeting is to fight their decision that my appeal is invalid due to the six month timeframe. It is only if I win this hearing that they will hold another one for me to fight the actual banding and I am not "allowed" to discuss the actual banding at the time of the first hearing! I am unsure how to put my point across that the six month rule is causing the Valuation List to be inaccurate and has now meant any future buyer will be paying for a Band which is higher than the neighbours (albeit they could appeal)! Any advice would be appreciated.
  • I've got an appeal regarding the 6 month cut of date for appealing for council tax rebanding has anyone had any luck with this or give me some advice please
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