Council Tax

Lewigreg081281

Thanks again for the replies.

From the way the response is written I don't think the solicitors even know of the legislation from the VOA. Also form actually speaking to the solicitor involved in the past she even admitted she's never heard of a property being re-banded upon sale.

"It would appear therefore that the Valuation Office having had this flagged up took no action to re-value the property while the previous owners were in occupation" This is particularly alarming as it's not through them not taking action, it's the fact they couldn't take action until a sale took place.

Lewigreg081281

Outcome:

Finally seem to be getting somewhere. My parents have removed the sink and hob and its been reassessed as a band C with no increase at all. Great result but what a waste of everyone's time.


The solicitors are still adamant that they aren't at fault although the senior partners has said he is not saying a more diligent solicitor wouldn't have advised of the potential issue.

He's also said without admitting to liability the firm will contribute £1,000 to the cost of adapting the extension.

After speaking to a contact I have, who also advised me that it is a black hole area as legally solicitors aren't obliged to advise on council tax issues. Realistically I don't feel it's as simple as telling someone what band a property is as its more something that occurs from the building of the extension. Anyways my contact said they were surprised the solicitor has offered anything and to take it.

The complaint is with the ombudsman at the mo with a deadline of 11th March for final response from the solicitor.

The ombudsman have said they can't award for any furture loss eg council tax charges occurred going forward. So really they only thing they could award would be the emotional distress and the cost of adapting the extension without it going to court.

What do you think? Take the money and run?

Thanks

jennifernil

I think you have done well!

Surprised the banding has not changed, but an excellent result.

If they only had to remove the sink and hob, there should still be some of the £1000 left over, so yes, take the money and run!

dancingfairy

I think the solicitors should have told you (and possibly also the estate agents). However I'm not sure by complaining to the ombudsman whether you'd actually get any compensationfrom them and feel that they might give the solicitors a slap on the wrist (as someone else said). I don't know whether you'd have had to resort to getting another solicitor to represent you to suethe first set of solicitors?
Which ever way you took it either to the ombudsman or tried to sue it would inevitably end up dragging the whole thing out further and cost time and stress (and possibly money if you have to pay a second set of solicitors).
Yes somebody has messed up but considering the property has now been rebanded as band C (which it was originally) and you've been offered 1,000 I think I'd be tempted to take the money and run.
Glad things are finally resolved for you.
df

Lewigreg081281

Cheers for the replies.

Yeah my parents are happy to take the money and are just thankful it's over.

It's just a shame nobody told them at the time. At least the solicitors have sort of aknowledged that they should have said something.

The complaint against the estate agents is with the ombudsman and I have to call them next week to see where it's at.