VOA Appeal frustration!

Supersonic_2

I’m in here as I thought I’d let you all know about my council tax journey.

I made contact with the VOA back in March as myself and the 23 other apartments shared in 4 blocks are all band B and when I read up on the process, I sent in an basic appeal. A reply back asked for evidence so I put in a four page detailed run down of local band A properties, and all the historical data I could find for April 1991.

 Curiously the land registry goes back to just 1995 so I had a few hours in my library looking at microfiche copies of the local free papers (…in which I ironically published the property pages for as an apprentice hahaha)  and found lots of data for houses locally in the sub £40,001 bracket which are also band A and some now showing as B’s and C’s oddly.

I’m in a 2008 build block, and I paid £100k for it in December 2019, so using the Nationwide guides, it’s around £27k in 1991 money, which is a long way from a band B, by a very long way.

….VOA say no. Further details also were refused in light of the huge gap between me and a band B but they’re not having it.

Wrote to my MP, and the VOA reply back to them, and sent to me, is a standard letter stating the same incorrect rubbish I got in my replies. So wondering where to go from here. 

Do I do down the Tribunal route now. 

lincroft1710

As you bought in 2019 and didn't query the band until this year, you have no recourse to a Tribunal hearing as you are well over the 6 month time limit. Nationwide and other house price indices are inaccurate, which is why the VOA will reject any such valuation. You have approached your MP and had no success.


Can only suggest you look at this

https://www.gov.uk/government/publications/valuation-office-agency-code-of-practice-for-complaints/valuation-office-agency-code-of-pratice-for-complaints#:~:text=If you need any help,on the VOA Contact Form.


and see if you think you have a cause for complaint for your case

Supersonic_2

But I am entitled to ask for a review at any time, regardless….

lincroft1710

Supersonic_2 said:

But I am entitled to ask for a review at any time, regardless….

Agreed, but if the VOA say no, there is no recourse to a Tribunal if you're outside the 6 month time limit.

cfcjohn

I am in a similar situation and would welcome any comments.
My story is that I only discovered earlier this year that I was the only property paying a higher band to 15 others in a terraced building where no modifications have taken place since they were built. This has been since Council tax was introduced.I have lived in same property for 32 years!!

 I thought it was unfair so I started my appeal in March.  I am now being told that I have to except their decision which is that according to them my property must be  larger than the others and they have a valuation on my property  in 1990 when I purchased it. This means it has to be in the higher Band despite the fact that 15 neighbours living in flats in the same terrace are paying lower. 

I have sent photographs of the row of properties front and rear and aerial shot from google map that clearly shows the properties are the same and as they were when built in 1900. The VOA keeps insinuating that my property must have been extended which is incorrect.

 Recently I reached the stage where I cancelled my direct debit with the council and started paying the lower band rate by a regular standing order as I was getting so frustrated.

 I have been keeping the council in copy with all my exchanges with VOA hoping  they pay a visit to sight the properties to prove my property is the same as the rest. They have not commented since March only an auto reply

 The last message from VOA stated that unless I pay the higher band the council will take me to court and I will have to pay  what is outstanding  plus the court costs and after that I still will have to pay the higher band.

 I have read success stories on other exchanges on here but I do not seem to be faring as well. They are basically saying that because the valuation on my property in 1990 was the only one they had in 1993 I have to by law accept I am in a higher band all this time despite living in an identical property to 15 neighbours on a lower band.

 Does anyone think I have a case to continue or will a court think it is right for me to pay more just because my property had the most recent valuation when council tax was introduced in 1993 and I have never queried it before. The fact that I may have paid over the top for my flat in 1990 which took it into a different band back then has meant I have paid more since 1993 than all my neighbours.

I am not so fussed about getting a refund i just want to pay the same as my neighbours are now

  

lincroft1710

cfcjohn said:

I am in a similar situation and would welcome any comments.
My story is that I only discovered earlier this year that I was the only property paying a higher band to 15 others in a terraced building where no modifications have taken place since they were built. This has been since Council tax was introduced.I have lived in same property for 32 years!!

 I thought it was unfair so I started my appeal in March.  I am now being told that I have to except their decision which is that according to them my property must be  larger than the others and they have a valuation on my property  in 1990 when I purchased it. This means it has to be in the higher Band despite the fact that 15 neighbours living in flats in the same terrace are paying lower. 

I have sent photographs of the row of properties front and rear and aerial shot from google map that clearly shows the properties are the same and as they were when built in 1900. The VOA keeps insinuating that my property must have been extended which is incorrect.

 Recently I reached the stage where I cancelled my direct debit with the council and started paying the lower band rate by a regular standing order as I was getting so frustrated.

 I have been keeping the council in copy with all my exchanges with VOA hoping  they pay a visit to sight the properties to prove my property is the same as the rest. They have not commented since March only an auto reply

 The last message from VOA stated that unless I pay the higher band the council will take me to court and I will have to pay  what is outstanding  plus the court costs and after that I still will have to pay the higher band.

 I have read success stories on other exchanges on here but I do not seem to be faring as well. They are basically saying that because the valuation on my property in 1990 was the only one they had in 1993 I have to by law accept I am in a higher band all this time despite living in an identical property to 15 neighbours on a lower band.

 Does anyone think I have a case to continue or will a court think it is right for me to pay more just because my property had the most recent valuation when council tax was introduced in 1993 and I have never queried it before. The fact that I may have paid over the top for my flat in 1990 which took it into a different band back then has meant I have paid more since 1993 than all my neighbours.

I am not so fussed about getting a refund i just want to pay the same as my neighbours are now

  

.Basically if you are summonsed for underpayment of CT, you have no defence in law. Your home has a CT band, CT legislation says you have to pay according to that band and not what you think you should pay. That is all the court can consider. But in actuality it will be representatives from the council who hire a room in the court for a day and virtually rubber stamp liability orders.


What seems to me to be bad news for you is your purchase price in 1990, which would have been helpful if you had quoted this and the band you are in. The date for valuing dwellings for CT is 1 April 1991, so your purchase price is very significant. If your purchase price indicates your home would have sold for more than minimum value for your current band then not only would your band be correct but the bands  of the other 15 properties could be incorrect.