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    • vivatifosi
    • By vivatifosi 18th Nov 10, 8:39 PM
    • 18,400 Posts
    • 114,190 Thanks
    vivatifosi
    • #2
    • 18th Nov 10, 8:39 PM
    • #2
    • 18th Nov 10, 8:39 PM
    Martin I wanted to outline why I think it is so important that you win this concession.

    When I moved into my house four years ago I was amazed at how expensive the council tax was. Because the house had been built after the 1991 evaluation, it was in a band with houses that were routinely selling for 100k more, yet it was only an average 3 bed semi.

    I appealed to the VOA who said no, they would not reband my house. I fought the decision and won at appeal at the VTS. My neighbours and I then worked together as they could then appeal off the back of my successful appeal. Collectively we estimate we won approximately 110k in rebates over about 100 houses. I have heard that ours is the largest ever rebanding case in this area.

    However if I hadn't appealed and opened up the right to others, then all those other householders would never have been put in the correct band. Many of these people had read MSE and contacted the VOA, but as you had stated, they were told that they were out of time and therefore had to continue to pay at the higher rate. It is absolutely crazy that long-term residents should have to wait for a total stranger to move into their street and appeal successfully before they get the justice they deserve.
    Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
    • Heng Leng
    • By Heng Leng 19th Nov 10, 12:28 AM
    • 4,863 Posts
    • 1,594 Thanks
    Heng Leng
    • #3
    • 19th Nov 10, 12:28 AM
    • #3
    • 19th Nov 10, 12:28 AM
    I think there should no compromise.

    Householders should be able to appeal their banding at any time.

    The only possible limit should be the duration of any retrospective claim - e.g. any refunds (or even increases) should only go back 3 years from the date of the appeal or another time limited duration.
    • MSE Martin
    • By MSE Martin 19th Nov 10, 9:13 AM
    • 8,116 Posts
    • 42,310 Thanks
    MSE Martin
    • #4
    • 19th Nov 10, 9:13 AM
    • #4
    • 19th Nov 10, 9:13 AM
    I think there should no compromise.

    Householders should be able to appeal their banding at any time.
    Originally posted by Heng Leng
    I agree with a caveat.

    I think we can't have people repeat appealing - ie you appeal lose, appeal again lose, appeal again lose etc.

    So there has to be some limitations on appeals.

    I would of course prefer the 6mth rule to be ended simply, but there is real politique here so any concession would be a good one. Of course though the decision isn't mine its the government all we can do is put the case.

    Martin
    Martin Lewis, Money Saving Expert.
    Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.

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  • traycee
    • #5
    • 19th Nov 10, 9:54 AM
    • #5
    • 19th Nov 10, 9:54 AM
    Hi Martin

    I have followed this story with interest, I am currently unaffected as we live in forces accommodation and thus pay CILOCT (Charge in lieu of council tax) but hope to have a place of our own in the future.

    The whole thing seems very unfair. If any private company were knowingly overcharging their clients but refusing to change their tariff we would be appealing to the government to intervene but this is the government!

    I guess the ministers in charge worry that with the current defict that this government are already facing, this could massively reduce future income and potentially mean a huge lumps sum in repayments.

    Just a thought but might they be more amenable to removing the 6 month rule if there was no back pay refunds just a reduction in future bills if people were successfully rebanded? Not ideal but could this be a kind of half way house?

    I was very interested in vivatifosi story (WOW what a success story) but can easily understand that in the busy period after a house move people could miss the current 6 month dead line.

    Would a good temporary way forward therefore be for MSE to focus on encouraging ALL solicitors to include a council tax banding review in the convayancing process for any new clients, when they are moving homes. (Not sure if this currently happens).

    I am sure that if the pressure is kept up on the government they will eventually be forced to make this long overdue change!

    Traycee
  • Barabara73
    • #6
    • 20th Nov 10, 12:36 PM
    • #6
    • 20th Nov 10, 12:36 PM
    great post !!!thanks
    • golfiematt
    • By golfiematt 21st Nov 10, 1:40 PM
    • 275 Posts
    • 856 Thanks
    golfiematt
    • #7
    • 21st Nov 10, 1:40 PM
    • #7
    • 21st Nov 10, 1:40 PM
    all well and good for those who may make a saving but if you rock the boat too much they will come up with a system where some will end up going the other way and lose out.They have to balalnce the books at the end of the day so for every winner out there, there will be a loser.
    Mortgage free

    [/COLOR]
    • janewatts
    • By janewatts 23rd Nov 10, 9:44 PM
    • 44 Posts
    • 11 Thanks
    janewatts
    • #8
    • 23rd Nov 10, 9:44 PM
    • #8
    • 23rd Nov 10, 9:44 PM
    However if I hadn't appealed and opened up the right to others, then all those other householders would never have been put in the correct band.
    Originally posted by vivatifosi
    Thanks very much for this post.

    Very interested to hear if this only applies on appeals? I tried to get my mum's flat re-banded, she has been paying too much for over 10 years, but even though a new purchaser in the same block got their band reduced, my mum was told she had no chance.

    Methinks I need to try again, quoting this case...
    • vivatifosi
    • By vivatifosi 25th Nov 10, 8:26 PM
    • 18,400 Posts
    • 114,190 Thanks
    vivatifosi
    • #9
    • 25th Nov 10, 8:26 PM
    • #9
    • 25th Nov 10, 8:26 PM
    Thanks very much for this post.

    Very interested to hear if this only applies on appeals? I tried to get my mum's flat re-banded, she has been paying too much for over 10 years, but even though a new purchaser in the same block got their band reduced, my mum was told she had no chance.

    Methinks I need to try again, quoting this case...
    Originally posted by janewatts
    Jane your mum has a six month window to appeal the band after the rebanding in the same block. If the VOA doesn't agree she can take it to VTS tribunal on appeal.
    Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
  • JOHNGT
    Unfair 6 month time limit rule
    Martin, I am in this ridiculous situation and wrote to John Swinney the Finance Minister in the Scottish Government proposing that they allow appeals at any time but subject to a fee to cover the administration and the Valuation Appeal Committee costs. I suggested 300 or 500 or that the fee could be tiered according to the band being appealed e.g. 50 for band A, 100 for band B and so on.

    The fee would be enough to discourage spurious appeals and ensure that only those who were genuinely aggrieved would appeal to the VAC.

    Swinney passed my letter to his civil servants in the Scottish Executive who said that they would not change the rules as the SNP government favoured replacing council tax in Scotland with a local income tax. Realistically, that is never going to happen except in the very unlikely event that SNP win a clear majority. As a minority government, they have no chance of getting replacing CT with a local income tax.

    Anyway, we have elections up here in May and Labour is expected to win a majority, so let's hope they see sense.
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