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Reclaim overpaid council tax

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  • Help, using this website I identified that my Father in law has been overpaying for years on his council tax. He submitted the form and has received a letter from the Valuation Office stating that "I do not believe your proposal has been validly made because you become a tax payer more than 6 months ago, please refer to the Alterations of list and Appeals (England) 2009 Regulations."

    Is this right, can they do this?

  • CIS
    CIS Posts: 12,260 Forumite
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    robbieccc said:

    Help, using this website I identified that my Father in law has been overpaying for years on his council tax. He submitted the form and has received a letter from the Valuation Office stating that "I do not believe your proposal has been validly made because you become a tax payer more than 6 months ago, please refer to the Alterations of list and Appeals (England) 2009 Regulations."

    Is this right, can they do this?

    That is correct - an appeal must be lodged within 6 months. He can however ask that they 'review' the banding to ensure that the list is correct but this review does not have the same formal powers of dispute.
    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.
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    robbieccc said:

    Help, using this website I identified that my Father in law has been overpaying for years on his council tax. 

    If you have used any form of House Price Index to gauge 1991 prices, please be aware that these are very general and far from accurate
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Are Nottingham City Council playing games? 
    I have a bill showing I overpaid and an due a refund. However, the amount due on the final bill is £0 and the amount to be refunded says “refund vacation”?




  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
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    wrdol said:
    Are Nottingham City Council playing games? 
    I have a bill showing I overpaid and an due a refund. However, the amount due on the final bill is £0 and the amount to be refunded says “refund vacation”?




    "Vacation" means you have left the property as of 19 Aug 2020 and are due a refund of £55.67. Thus there is no money for you to pay hence balance owed by you is zero. It could have been formatted in a more logical way
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • pjapk
    pjapk Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I sold my previous house last month, completing on the 28th August. My next CT payment was due on 1st September. I completed the "moving out of area" form and although I knew it would be too late for the DD to be cancelled for the sept payment I assumed it would be refunded (£131).
    This morning I've noticed a refund from them in my bank account but only for £7.52 whereas I was expecting the £130 for September payment at least (I wasn't really expecting the last few days of August to be refunded).
    Am I right?
    In case it's relevant, I actually moved out of that house in July 2019 so it's sat empty (awaiting sale) since then, but I never made any changes to CT & just continued as usual assuming I wasn't entitled to any discount etc. (property was completely empty).
    Any suggestions?
    Thanks.
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    councils aren't short of money they just massively over pay their unelected executives. Squeeze the hard for what you're due.
  • fatbelly
    fatbelly Posts: 22,950 Forumite
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    It's difficult to calculate from the info given. ask them for a final statement
  • lincroft1710
    lincroft1710 Posts: 18,883 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pjapk said:
    I sold my previous house last month, completing on the 28th August. My next CT payment was due on 1st September. I completed the "moving out of area" form and although I knew it would be too late for the DD to be cancelled for the sept payment I assumed it would be refunded (£131).
    This morning I've noticed a refund from them in my bank account but only for £7.52 whereas I was expecting the £130 for September payment at least (I wasn't really expecting the last few days of August to be refunded).
    Am I right?
    In case it's relevant, I actually moved out of that house in July 2019 so it's sat empty (awaiting sale) since then, but I never made any changes to CT & just continued as usual assuming I wasn't entitled to any discount etc. (property was completely empty).
    Any suggestions?
    Thanks.
    You need to do the following calculation.

    You were at your previous home Apr 1 to Aug 28 2020 that's 150 days, so 150 divided by 365 multiplied by the total CT bill for the tax year Apr 1 2020 to Mar 31 2021 is how much you owe. Then subtract this from the amount you have paid which will the amount you have overpaid. 


    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • pjapk
    pjapk Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    On that basis then they should actually owe me more like £247.50 so I shall be contacting them tomorrow - thanks for the formula.
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