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Help! Council tax rebanding issue.
Wolf_GB
Posts: 1 Newbie
Hello,
Recently, our property has had a council tax rebanding from band C to band B, as directed by the VOA. Bradford council have overcharged us from 1993 to present day, and we are seeking to get a refund of the overpayments we made. Bradford council have told us that they are only liable to pay us for the last 6 years, as they are using the 'Statute of limitations act'.
We have appealed against this decision, and now we are waiting for a tribunal case date. In order to help me with my case, I wondered if there has been an example of this overpaying of council tax, as I have read about successful cases on Martin Lewis money saving expert web site.
If there has been a similar example of this, I would be grateful if you could give me details, as it would aid my case at the tribunal. In short, has any other council repaid council tax mis-banding back, longer than 6 years?
Any information would be gratefully received,
kind regards Mark.
Recently, our property has had a council tax rebanding from band C to band B, as directed by the VOA. Bradford council have overcharged us from 1993 to present day, and we are seeking to get a refund of the overpayments we made. Bradford council have told us that they are only liable to pay us for the last 6 years, as they are using the 'Statute of limitations act'.
We have appealed against this decision, and now we are waiting for a tribunal case date. In order to help me with my case, I wondered if there has been an example of this overpaying of council tax, as I have read about successful cases on Martin Lewis money saving expert web site.
If there has been a similar example of this, I would be grateful if you could give me details, as it would aid my case at the tribunal. In short, has any other council repaid council tax mis-banding back, longer than 6 years?
Any information would be gratefully received,
kind regards Mark.
0
Comments
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Many councils have refunded overpayments of more than 6 years. However, as far as I am aware, there has not been a definitive case on this subject and if there had been it would have to be at a higher court than a Valuation Tribunal and if it were not in a council's favour, it is doubtful a council would disregard the court's ruling.
Cases which have an important bearing on Council Tax issues are usually well known by councils.
Be aware that if you get a Valuation Tribunal decision in your favour, the council may appeal this to a higher court.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
The 6 year interpretation is a relatively new take on the matter, previously most councils refunded back all the way. There is a tribunal decision where they supported the 6 years but I can't find it at the moment.
Personally I disagree with council's limiting the period.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
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