Please help

Paulthomas_2

Hi all

First post so if I've posted in wrong area forgive me.

I am trying to claim back an overpayment from liverpool City council of council tax.

I owned the house and paid council tax continuously for 12 yrs from 2001 to 2013

My neighbours had received letters from council stating banding had been incorrect nd they should apply for refunds.

Their requests were successful and some have since received payments from the council for.

This is where it goes wrong for me.

I still own the house but moved out last yr after 12 yrs continued habitation.
I still own the house.

Called council yesterday

They said verbally have said that I have prob overpaid but I can't claim it back because I don't live at the property anymore.ie you need to be resident in the house to make a claim?

This cannot be right ? If I have over paid I have over paid irrespective of where I live!

I was told this over the phone yesterday

I have now put my refund application in writing as requested and await the response.

Anyone else had this issue and what would be the right to appeal/ claims process if they refuse

Legal action
Ombudsman
Small claims court?

lincroft1710

Has the CT band of the house been reduced? If not then until it is reduced, you cannot claim any refund. The council are correct in saying that you cannot ask for a band reduction, only the current occupier of the house can do this.

If the band hasn't been reduced, it now gets a little complicated. If the current occupier has lived in the property for less than 6 months they can appeal the band. If more than 6 months all they can do is ask that the band is reviewed. However it is not the council who deal with band reductions, but the Valuation Office Agency, part of HMRC.

There is however no guarantee of a band reduction, but if the occupiers were able to make an appeal, they would have the right to have their case heard by the independent Valuation Tribunal, if the VOA say no.

Further, even if there is a band reduction, some councils are limiting refunds to 6 years, following either a Court of Appeal or Supreme Court decision (can't remember which!).

So if there has not been a band reduction, it is the current occupiers you need to contact and ask/advise them to appeal or ask for a band review.

As you won't know how much you have overpaid over the years, legal action or small claims court are not the right courses to pursue. You should only use the ombudsman if you definitely know the council are in the wrong and usually talking to a senior revenue officer at the council would sort out the problem.