Council Tax appeal...what next??

darich

I know there is a separate thread for Counicl Tax but if I post in it I think my question will be quickly swallowed up! Hopefully someone can help me.

I recently bought a house (june 06) with my girlfriend and in January we appealed the banding – hoping to change from an E to a D. There are at least 5 identical properties like mine banded D within 200m of my house. All built at the same time and part of the same development.

I received a phone call from the assessor to say that we were out of time and that there was nothing that could be done. He went on to say that the other houses in my street were all banded E and therefore my banding was correct. I pointed out that there were other identical properties within 200m banded D and he admitted to being embarrassed by that since his inspector should have prepared that info for him prior to phoning me. He said he’d take that into account and that his office would be in touch.

I wrote a letter detailing the exact properties that were banded D and sent it to his office.

I received a reply saying that my appeal had been sent to the Secretary to the Valuation Appeal Panel but that the hearing would be “restricted to consideration of whether or not you have a valid appeal”.

Having already been told we were too late by being beyond the 6 months and having read here numerous times that the Assessor is legally obliged to maintain the integrity of the Council Tax Bandings, what is my next step?

Is there something I can prepare or do to strengthen my case or is the above normal procedure in Scotland?
Any advice on the next likely step would be greatly appreciated.

Many thanks in advance
David

Debt_Free_Chick

I received a reply saying that my appeal had been sent to the Secretary to the Valuation Appeal Panel but that the hearing would be “restricted to consideration of whether or not you have a valid appeal”.

I think you need to wait for the outcome of this first. If they decide that you are NOT out of time, then they will consider your appeal.

If they decide you ARE out of time, then you need to consider if you have any other options (and I think, in this event, you won't have).

Was your appeal out of time? It looks like it was, if you didn't appeal until January, having moved in, in June

darich

Debt_Free_Chick wrote: »

I think you need to wait for the outcome of this first. If they decide that you are NOT out of time, then they will consider your appeal.

If they decide you ARE out of time, then you need to consider if you have any other options (and I think, in this event, you won't have).

Was your appeal out of time? It looks like it was, if you didn't appeal until January, having moved in, in June

Thanks DFC
I was under the impression that the Assessor was legally obliged to ensure that the tax bandings wre accurate regardless of the time limit. And given that there are 5 or 6 identical houses within 200metres of mine i thought the band would have to be changed regardless of the time limit.

Our first letter was 7 months after we moved so we were outside the 6month limit but does that mean that everyone who's successful on here has made contact within 6 months of moving in? If so, how come many people receive thousands of pounds in backdated over payments?

MinMoz

Hi Darich,

Good to see a Scottish person struggling with the system too.

Looks like all the councils have different approaches and having just gone through the valuation appeal process within North Lanarkshire (is that where you fall under?) it does appear that the 6 months time limit is focused on a bit too much compared to other areas.

Keep on at them though!!

I am waiting on the outcome from the appeal hearing but am now considering contacting a lawyer as if the tables were turned and I was underpaying them for 5 years then I would be in big trouble - there is no reason why it shouldnt work both ways. If anything they should be falling over themselves to help the people who pay their wages.

Alas, its the council we are dealing with tho and they operate outwith the real developed world.

Let me know if you have any developments.

hodgester

MinMoz wrote: »

Hi Darich,

Good to see a Scottish person struggling with the system too.

Looks like all the councils have different approaches and having just gone through the valuation appeal process within North Lanarkshire (is that where you fall under?) it does appear that the 6 months time limit is focused on a bit too much compared to other areas.

Keep on at them though!!

I am waiting on the outcome from the appeal hearing but am now considering contacting a lawyer as if the tables were turned and I was underpaying them for 5 years then I would be in big trouble - there is no reason why it shouldnt work both ways. If anything they should be falling over themselves to help the people who pay their wages.

Alas, its the council we are dealing with tho and they operate outwith the real developed world.

Let me know if you have any developments.

I would contact a lawyer if I were you as you don't even know who your gripe is with. It's not the council you're dealing with it's the Scottish assessors.

Still carrying on labelling people and posting your prejudiced ill-thought views. One day you may get it right...

darich

hodgester wrote: »

I would contact a lawyer if I were you as you don't even know who your gripe is with. It's not the council you're dealing with it's the Scottish assessors.

Still carrying on labelling people and posting your prejudiced ill-thought views. One day you may get it right...

My gripe is with the assessors at the moment, not the council. I assume you weren't suggesting it was me who contact a lawyer?

MinMoz - I come under south lanarkshire but as i've just said, my gripe is currently with the assessors who i believe cover the whoel of scotland. I may end up arguing with South Lanarkshire but for moment, they're ok.

MinMoz

Fair point on the council hodgester but it all gets a bit frustrating when you hit brick wall after brick wall and the system seems only to frustrate.

Guess my main point is that in any normal service sector there would be processes set up to avoid this kind of problem arising.