Rates Relief - Valuation office agency

leisure09

Back in August 2019 we where contacted by an agent who suggested we apply for a rebate as they feel we overpaid on our business rates so we applied to the ratings and valuation company to look into any rebate we might be due. This has been ongoing since then with no rebate in sight. However as the government have now introduced a business rates holiday for this year the ratings and valuation company are now billing us for 15% of the rates savings. Is this correct? They have also cut off their phone lines so I can't speak to someone directly and have told me the case will be with their solicitors in the next 7 days!! I can't help but feel they are not entitled to be asking for money from us based on a rates holiday given by the government to relieve financial pressure during these uncertain times. Any and all advice greatly received. 

lincroft1710

Suggest you look at your contract.

Their solicitors won't be able to do much at the moment as it would be months before it would come to court

anticlaus105

Unfortunately my advice would have been don't go anywhere near these charlatans in the first place. I had my valuation and a rebate sorted with a simple call to the voa a few years back and it couldn't have been any easier. The other drawback with these scam companies is they tend to antagonize the voa.

Hopefully someone will be able to help more but I guess having a read of the contract is required. It's probably not dissimilar to these companies that offer to sell your buisness, do nothing and then try and bill you when you eventually do it yourself. Sadly they tend to have pretty watertight contracts. If it's worded that any discount achieved while under contract no matter how is deemed payable you may struggle.

leisure09

This is what they have emailed over, but I can't find my copy if this.

2.2 Rating and Valuation Company’s Success Fees as described on the front page of this agreement are due payable, without any prior demand or invoice, upon the occurrence of any:

a) notification to the Client or to Rating and Valuation Company of any reduction in business rates of the Property/ies over the whole of the Rating Period whether or not achieved by Rating and Valuation Company (including without limitation reductions consequent upon any Valuation Officer’s Notice issued in respect of the Property/ies during the Agreement Period, or any alteration in local Council reliefs);

and/or b) notification to the Client or to Rating and Valuation Company of any savings or other reduction in business rates of any/all Properties during the Rating Period payable irrespective as to whether the same was due to any proposal put forward by Rating and Valuation Company or any Service provision by Rating and Valuation Company; and/or c) refund or rebate of any business rates already charged or paid of any/all Properties during the Rating Period (payable irrespective as to whether the same was due to any proposal put forward by Rating and Valuation Company or any Service provision by Rating and Valuation Company).

lincroft1710

They seem to have all angles tied up!

jfinnie

Sounds like you've been trussed up like a turkey, unfortunately... At least you're still coming out net positive if you do end up compelled to pay them.

jfinnie

I should add that if the amounts involved are large that there would be value in seeking professional advice as it is always possible there are holes in the contract.

linda19671923

My son has a shop in Salisbury and has also fallen foul of these crooks. The rating and valuation company of London E16 2DQ.  have asked my son for £2000 + as 15% of contractual savings. This is rubbish as it is Government intervention nothing to do with this company,( we are told by the FSB ).  We also have an email informing us that a full refund of the initial fee of £1500 will be returned if they dont make any savings on our rates. We will be going to the small claims court  to fight this. Its scandalous . 

Suggest all traders affected do the same. they need stopping. Someone needs to challenge this company quickly and positively.     They never answer the phone to take calls . Are they too afraid to be challenged. ?

Jeremy535897

This is really a legal question, and I am not a lawyer.

I hope you have some good arguments ready. It is not clear how you would challenge the quantum, but I think they would have to show that they had done something for the money, or they haven't actually performed the contract (although we haven't seen the contract). For example, they might have spent several hours or days preparing a case, discussing the values with VOA, and getting a substantial reduction, only to have that all negated (at least for one year) because of a temporary change in government policy. Once rates are brought back, there will then be a saving due to their efforts, as opposed to a change in policy. Would you say they should be paid nothing? A fair payment might be the amount that the rates would have fallen by due to their efforts, but that is not what the contract says. Unless there is something that might help in legislation, like the Unfair Contract Terms Act 1977, you may be in difficulties.

On the other hand, they may not have started to do any work at all, and as a result of the temporary change, there would be no point in them doing any work, at least until we know rates are reinstated. You could then argue that as they have done nothing, they should be paid nothing.

Airwolf1

Under the Check Challenge and Appeal process they would need to submit a Check first, which should include a plan. There are a lot of companies who charge an arm and a leg and it is worth doing your own research. Yes, these companies specialise in what they do, but some will charge more than others. I'm happy to help with anything like this if required, I know what ratepayers have gone through with certain companies and it hasn't been as they thought.