Timeframe for Claiming Misrepresentation

3guesses

OK, the background to my situation: I made a payment to my council over the phone using my credit card to clear the outstanding balance on my Council Tax account. The council told me the amount was ~£1,900, so that was the amount (plus a service charge) I authorised them to take from my card. However, the amount I owed was actually ~£1,700.

When I rang the council, they refused to refund the payment, but when I spoke to my credit card company they told me that if I could get them some documentation showing the amount was wrong they would refund the payment. However, they also said something about doing so within 120 days.

My question is this: is there a time-limit for making a claim for a refund owing to misrepresentation under section 75 of the Consumer Credit Act?

Thanks,

3g

bengal-stripe

3guesses wrote: »

The council told me the amount was ~£1,900, so that was the amount (plus a service charge) I authorised them to take from my card. However, the amount I owed was actually ~£1,700.

When I rang the council, they refused to refund the payment,

What amount did you ask to be refunded - the entire £1900 or just the balance of £200? There might be various charges for late payments on top of what you actually owe in Council Tax.

Ask the council for a letter specifying the exact amount(s) of what you owe.

callum9999

3guesses wrote: »

OK, the background to my situation: I made a payment to my council over the phone using my credit card to clear the outstanding balance on my Council Tax account. The council told me the amount was ~£1,900, so that was the amount (plus a service charge) I authorised them to take from my card. However, the amount I owed was actually ~£1,700.

When I rang the council, they refused to refund the payment, but when I spoke to my credit card company they told me that if I could get them some documentation showing the amount was wrong they would refund the payment. However, they also said something about doing so within 120 days.

My question is this: is there a time-limit for making a claim for a refund owing to misrepresentation under section 75 of the Consumer Credit Act?

Thanks,

3g

If this happened more than 3 months ago then surely you've accrued more than £200 in additional council tax anyway?

Regardless, if you haven't accrued any more and now have £200 credit in your council tax account, there's no reason why the Council would refuse to refund it.

derps

The time limit for a claim under section 75 would be 6 years but to say that you entered a consumer contract based on reliance on a misrepresentation doesn't really work with a council tax bill. You've not purchased goods or services from the council, you're paying a tax. I therefore don't think s.75 would apply in the circumstances.

As someone else said, if more than 120 days have elapsed you'll owe the council more anyway so I don't see the point of contesting it to be honest.