Can council backdate tax if flat is rebanded?

al-cat101

Robin, thanks for that information ( the 8 years) ....and for reassuring me the assessor might be a nice person . He's been a bit aggressive on the phone but maybe he'll be feeling good after his long holiday...
Good idea about the landlord.... I'll get in touch with them when they return after Christmas.
I'm sure that even though My mother has no recollection of anything she is of the old school and is as honest as you could imagine. There is no way she would have given the council any information that wasn't true. It may have been a genuine mistake on the part of someone at the Council but I cannot bear the thought of owing that kind of money. 8 years brings it down considerably . Still it's a lot of money in one go. I would imagine I'd be able to set up some kind of payment plan. But what a nightmare thinking you're all paid up and functioning and then ...........................
alcat

*Robin*

al-cat101 wrote: »

There are 2 doors right next to each other they have the same street number but one comes into our hallway and the other goes into the shop and has different postcode!.

The other thing that complicates everything is that our stairwell can be accessed by the shop via a firedoor without a key or anything. I don't know what that means legally but it's not very reassuring when the shop girls leave the window open ( by mistake ) sometimes.

So you just have one house number.
I'm rather concerned that the shop employees are making regular use of a fire door (are they using your access as a smoking corner, perhaps?). Surely that is not right, a fire door should only used in cases of life-threatening emergency!

Can you talk to your landlord / the lease-holder? They should be able to clarify whether you are renting one property or two.
Your situation is way beyond my ken; maybe some MSEers who are knowledgeable in property law will be along when they tire of the seasonal festivities, until then I can only repeat please try not to worry.

pmlindyloo

I am wondering if this possible debt would be covered by the Limitations Act?

What Does the Limitation Act Say?

The Limitation Act 1980 sets a time limit on how creditor has to take court action against you for unpaid debts. There are different time limits depending on the type of debt you owe. Generally creditors should not persue you if they have been out of contact for 6 years or more. So, you cannot simply delay repayments for 6 years and have them written off. The creditor must have neglegcted to persue you for the debts for a period of 6 years.
You cannot use the satute of limitations if a court order has already found in favour of the creditor. Court orders stand regardless of the amount of time passed.
You can ask for a court order to be “set aside” if it was made after the 6 year limititation applied. So, for example, if you have not been contacted for 7 years and a court order is obtained by the creditor you can go back to the court and ask them to “set aside” the ruling so that you can submit a defence based on the limitation act.
Debts that are covered by the limitations act include council tax, community charge, benefit over payment, social fund loans and student loans. Mortgage debt remaining after sale or reposession may be claimed for 12 years. Income tax and VAT are not subject to any time limit, you can always be persued for these debts.

I know the OP hasn't definitely been told that they owe this council tax (the assessor will deal with that) but if they do owe it then this act may be helpful.

There are some knowledgeable people on the Debtfree Wannabe board (as well as here!) so maybe the OP could repost there for further help.

lincroft1710

In England and Wales CT banding and the effective date of any rebanding or new bands are the responsibility of the Valuation Office Agency (part of HMRC) and not the council.

If it is decided that the property is in fact 2 flats, the "new" flat can be backdated to 1 Apr 1993, but the council will probably only look to collect a maximum of 6 years back tax. However if the VOA decide that it is 1 flat then the increased band will not be backdated.

al-cat101

thanks pmlindyloo and lincroft1710 for the information. It has been most helpful.

I'll take a look at the debtfree forum. The 6 year limitation makes me less stressed. I'm hoping that we can just move forward either as 1 flat or 2 and they will not pursue us for a possible debt rendered by their mistake. Fingers crossed and I'll update later on in January should anyone be in a similar situation. I can't believe we are the only ones this has happened to.

Happy New Year everyone,
best