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MSE News: Council tax rebanding hope as Government pushes to end incorrect 'six-month

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  • Spug_2
    Spug_2 Posts: 8 Forumite
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    So would it be the case that the flats are in the lower bands.

    Unfortunately state of repair cannot be taken into account in calculating CT bands, so the fact the doors, windows and rendering need replacing will not affect the band.

    However if you can find a very similar house in a lower band in the road, it is worth another approach to the VOA.

    Hi, yes it is A case that the flates on her road are in a lower band, a band that is suitable for a flate this is comfimed by checking online. These flates are 2 to 3 bands lower then My nans in this case, of which She HASN'T converted Her house to flates, being downstairs and upstairs single flates.

    Although the other houses with similar build structures that have NOT been turned into downstairs/upstairs flates just like Hers hasen't are in a band that is 1 band below Hers.

    As I said she is the only house down her road on a lonley but high band compared to everyone elses,

    How would I go about approaching VOA, if I couldn't use state of repairs for a chance of lowering the band?

    What I was thinking was merely pointing out that down her street Her house is the ONLY house in the single loneliest highest band, while every other house, that are very similar to Her house are in a band below ...
  • lincroft1710
    lincroft1710 Posts: 17,750 Forumite
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    Spug wrote: »

    How would I go about approaching VOA, if I couldn't use state of repairs for a chance of lowering the band?

    What I was thinking was merely pointing out that down her street Her house is the ONLY house in the single loneliest highest band, while every other house, that are very similar to Her house are in a band below ...

    I agree, you would then find out if the band was incorrect, or if not why it was higher than the others'
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Spug_2
    Spug_2 Posts: 8 Forumite
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    I agree, you would then find out if the band was incorrect, or if not why it was higher than the others'

    Would just like to say thanks abit more personally then just clicking the thank you button. All the best to you and much obliged.
  • Spug_2
    Spug_2 Posts: 8 Forumite
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    Sorry to keep going on, but I have since checked online, to see how much my nans house was sold for when she bought it. It seams that she payed over the odds for her house, that is why she is in the band that she is in. The value of the house that it sold for in 1991 says she is in the correct band, that she is in today, although houses that are very similar that I have spoke about before sold at different time periods, say for example 2 years later and sold for a lot less. So it seams that she payed other the odds, and because of what she payed for it, I have a feeling, if I get in contact with VOA they will tell me her band is correct for what she payed for it.

    What I would like to no, if she payed over the odds which it seams, hence her band vaulation being in the band that she payed for the house, would there be any case for wrong vaulation and sell price, for the band to get lowered?

    Cheers,
  • lincroft1710
    lincroft1710 Posts: 17,750 Forumite
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    edited 2 April 2013 at 2:00PM
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    House prices in many areas fell dramatically between 1991 and 1993, in some cases up to 20%.

    It is very difficult to prove that someone overpaid for their house, especially as house prices in England have not been stable for over 25 years, ether steadily rising or steadily falling. You could equally argue that other buyers underpaid. Also it is extremely rare for even identical houses to sell for exactly the same amount.

    Thinking about it further, house prices were on the increase from the mid 1940s to late 1980s, with perhaps a couple of minor decreases inbetween. From about 1989 to about 1995 house prices went into a steep decline.

    If I'd had a pound for every council taxpayer who claimed they had paid too much for their house, I would have been able to retire several years before I actually did.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • revolter
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    I wish the programme makers would do their research properly; it's embarrassing.

    Anyone who becomes a new taxpayer in a property has 6 months to lodge an official appeal. This means that if you don't agree with the valuation office response you have an opportunity to take the case before an independent tribunal panel

    Any other taxpayer has the right to ask the valuation office to look into their banding if they feel it is wrong. The only difference is there is no right to take to a tribunal if they don't agree with the decision.

    What the council has to do with it all I haven't the foggiest as they do not maintain the council tax list.
    Yes Rebel Hedgehog,
    This is the heart of the CTAX rebanding issue. "Any other taxpayer has the right to ask the valuation office to look into their banding if they feel it is wrong. The only difference is there is no right to take to a tribunal if they don't agree with the decision.". VOA will investigate a band but at the end of the process they refuse to 'approve' your appeal. The Appeal Tribunal will not hear an appeal unless the VOA decision letter is worded in a specific way. Local Authorities also interfere with citizen appeals against them by cancelling Benefit appeal hearings without contacting the appelant. The issue is whether individuals (following VOA decisions) have the right to request independent review directly via the tribunal system?
  • lincroft1710
    lincroft1710 Posts: 17,750 Forumite
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    If the government wants to end the "6 month time limit", then all they have to do is pass the necessary legislation. After all they decided to incorporate this in the original 1992 CT legislation. However it may help if MSE get their facts right as Rebel Hedgehog has pointed out. The council aren't involved and the VOA has a statutory duty to ensure bands are correct.

    Why have you repeated my earlier post and coupled it with an unconnected topic.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • LisaB1968
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    I have succeeded in getting my banding down to an A from a B and I was wondering if the council have to pay interest on the overpayment? :rotfl:
  • lincroft1710
    lincroft1710 Posts: 17,750 Forumite
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    LisaB1968 wrote: »
    I have succeeded in getting my banding down to an A from a B and I was wondering if the council have to pay interest on the overpayment? :rotfl:

    No as CT legislation makes no provision for interest to be paid on the refund of overpaid CT.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • cinders1_2
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    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.
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