How much was my house worth in 1991??

lincroft1710

darich - I have to say having reread all your posts including the last one, even though you did not make a valid appeal, based on the facts you have provided, were I in your position I would not be satisfied with the way the assessor has handled this matter.

I would presume that the person who has dealt with your case is a "caseworker" rather than the actual assessor. If so you could try one of three things:

1. Write to assessor, marking letter and envelope "For personal attention of the Assessor for....", stating all facts you've already given them, and ask for detailed explanation why you are in Band E and others D.

2. Phone as above and insist on speaking to assessor himself.

3. Make official complaint that your request for band review has not been properly dealt with.

Yes I agree it's more work, time spent etc., but there is nothing else you can do.

darich

lincroft1710 wrote: »

darich - I have to say having reread all your posts including the last one, even though you did not make a valid appeal, based on the facts you have provided, were I in your position I would not be satisfied with the way the assessor has handled this matter.

I would presume that the person who has dealt with your case is a "caseworker" rather than the actual assessor. If so you could try one of three things:

1. Write to assessor, marking letter and envelope "For personal attention of the Assessor for....", stating all facts you've already given them, and ask for detailed explanation why you are in Band E and others D.

2. Phone as above and insist on speaking to assessor himself.

3. Make official complaint that your request for band review has not been properly dealt with.

Yes I agree it's more work, time spent etc., but there is nothing else you can do.

Lincroft - thanks for taking the time to re-read my thread. I really appreciate being able to bounce ideas of other people and get a different perspective.

I'm kind of inclined to write a few more letters - assuming I'm successful it'll be backdated to June 06 at a rate of approx £300 per year. In addition it's the reduction from now on that I have to consider aswell. So i don't want to give up before I'm sure I've exhausted every possibility.

Where i might have a problem (or advantage depending on how it goes) is that i personally know the assessor, having played football with him for ages. I think he might be digging his heels in almost to prove he's right since it's an arguement with someone he knows.

As for the other bandings, I've already asked under FOI for the information the assessors used to band the other houses and the reply i got back was in essence, "we don't have to give you that info because it's available on this website". The website they referred to was the one I spent hours trawling through getting my evidence that i submitted to them. I replied expressing my disappointment that they could simply place houses in bands without any kind of evidence and i requested that my house be re-assessed. They've continually fobbed me off with 6month time limits.

So their reference to the website I used (Register of Scotland) means I know that their evidence is weak at best. I've given them details of identical properties selling for 60k in 1994 and two in 1996 amongst others. There are no property sales in 1991 unfortunately so we're both going on the same info.

Their banding is based on one identical house to mine and one smaller both banded E (same as me). On the other hand I provided evidence of 7 identical or larger properties banded D (lower than me). I believe the other E banded properties are wrong aswell but have been careful not to mention that and concentrate on the lower banded ones. All the properties referred to by both the assessor and me, are within 250m of my property.

Like I said - i know they have nothing further as evidence because I've spent time and money on the ROS website checking the prices.

So I'm not sure if personally knowing the assessor is a good thing or a bad thing.
I'm also not sure if i do write another letter complaining that it's not been dealt with properly should it be to the appeals panel, since they made the decision that the appeal was invalid, or should it be to the assessor that he's being unfair.
I do know that no-one has been out to re-assess my house. Perhaps I should formally request that and even go for a walk with the assessor pointing out the other D Banded properties.

Your thoughts?

darich

Lincroft

I've checked through the correspondence I have and the assessor has stated that he's happy with the banding my house is in. But in previous letters used terms like "your house was simply placed in band E" and claims they are not "under any obligation to prove" that any banding is correct.

Their 2 properties for evidence are from 1991. Mine aren't.
My 7 properties indicate a band D. Their 2 don't.

I do know that I've not had a proper re-assessment carried out.

As i said in my earlier post, would it be worth asking the assessor to visit and walking the area pointing out the other houses?

Thanks

lincroft1710

I think knowing the assessor is in fact a disadvantage, as he's either bending over backwards to be seen not showing favouritism towards you or it's personal and doesn't want to admit you could be right. Whichever, it's unprofessional IMHO. Complain to assessor, certainly ask that someone comes to check your home and at same time you can show them the other bungalows. Your appeal was invalid as out of time and appeals panel could not have ruled otherwise so you cannot really blame them for anything.

Just thought - write to your MP (or MSP), they usually thrive on trying to sort out constituents' problems and assessor will probably fall over himself in an effort to reply.

darich

Lincroft

Thanks again.

Do you think that despite their evidence being from 1991 I should pursue it? My gut feeling is that I should. I could argue that if those properties were used as evidence to band mine E then why weren’t they used to band the others E aswell? Also if they’re banded D what evidence was used and why not use that for my house?
Would it be a reasonable argument that those 2 houses from 1991 are not indicative of the general area since they’re higher than the 7 I referred to?

I think you’re right about knowing the assessor being a disadvantage but since he’s the divisional assessor I’m not sure there’s anyone else other than the head of the department. Of course I could write to the head of the department but to be honest, I work for the same council (it isn’t putting me off pursuing it – I just know some of the procedures) and what the head will probably do is back up his assessor. Meaning I’m no further forward – probably back a step since the head is now against me.

I could also write to the public service ombudsman but I feel that I should write to the assessor first and make another formal request for my house to be rebanded and someone to visit.

Should I basically ignore the fact that I’m beyond the 6 month rule? I’ll need to check my dates but I get the feeling that the assessor was slow in referring my case to the appeals panel and their regulations state it should be within 6months. If they’ve been slow and it’s over 6months I could possibly argue that they’re outwith the 6month rule so my appeal is valid.

It’s also in my head to send an informal email to the assessor and ask him to visit my house and let him know I’m not finished despite the appeals panel ruling my appeal was invalid.

Once again, your thoughts are much appreciated.
Thanks

darich

lincroft1710 wrote: »

Unfortunately if assessor does have actual 91 sale(s) as evidence, it's considered more pertinent than 87, 94 or 96 evidence. As your property is a bungalow I presume the evidence used by both yourself and assessor is of bungalows. If nearby bungalows of same size as yours are same band and assessor believes he's right then that's it, I'm afraid. Although he's actually not supposed to disclose full sales details where there has not been a valid appeal, he could say "bungalow of similar size, 3 beds within x metres radius sold for £x in early 91". He's not obliged to, and FOI certainly does not apply.

Unfortunately i believe this might be the case - he's said as much in letters despite my evidence.
I'm still not happy with this and know my house has not been re-assessed as i have requested.

darich

how's this for a quick draft of a letter......
Dear Sirs

You have indicated that two properties were sold in my street in 1991 which places my property in Band E. One of them is identical to mine and sold for £60k and the other slightly smaller sold for £58k. This is not disputed. However, if those two properties are to be used as a guide, then I would be grateful if you could answer the following questions for me:

• Why were the seven properties I submitted as evidence all banded D while mine was banded E despite all properties being identical?
• Given that the seven properties I submitted as evidence are all banded D, what evidence was used to band them and not mine?
• Why was the evidence used to band the seven properties I submitted not used to band my property?

I believe the above questions prove there to be an error in the valuation roll and that my property has been banded incorrectly.

I appreciate that my appeal was outwith the 6month time limit as you have pointed out. However, I refer you to the case of the Borders Council and the entire street in Galashiels being rebanded after fifteen years. I also know that many householders all over the UK have had their council tax banding adjusted after many years.

I would also take this opportunity to point out once again that it is the assessor’s legal duty to maintain the accuracy and integrity of the valuation roll and correct any errors or mistakes regardless of any time limit. I therefore formally request that my property be re-assessed as soon as possible.

lincroft1710

darich - appreciate that you are in a bit of an awkward position re your job, but it should not deter you. While working in VOA encouraged my father to submit proposal as his bungalow in D, others in C. Obviously I drafted it and quoted comparables and in sep letter stated my relationship, so my line manager investigated appeal. Dad got reduction and other bungalows in street which were D also reduced to C.

Letter looks fine, and hope it gets a result. Even if they come back with proof that E is right, they should follow through and increase others, so you're all same - and then the increased ones can make VALID appeal!

darich

Lincroft

I'll tweak that letter over the next day or so and get it sent off this week.
However, going on previous responses i feel that the assessor will reply and say that he's not obliged to prove any house should be in any particular band - and that he won't provide evidence to support the other houses being band d.

By the same token, if he decides that my banding is right and uses the 2 properties he referred to, then i can't force him to increase the banding of the others so i could end up no further forward.

And i believe you're right about it being a disadvantage knowing the assessor.

I'll still send the letter though.....and post what happens here.

thanks
David

lincroft1710

David - But even if he does nothing you can still write to MP/MSP and draw his attention to the anomaly. I know for a fact MP/MSP will want to know reason why and assessor will have to tell him. VOA only came into being (in an earlier incarnation) because central government realised/discovered/was told that local government in England/Wales couldn't co-ordinate rating assessments and there were doubts about impartiality since as a council they got more money from higher assessments.