19 Jan 2016

A question about : Help! Council tax rebanding issue.

Hello,
Recently, our property has had a council tax rebanding from band C to band B, as directed by the VOA. Bradford council have overcharged us from 1993 to present day, and we are seeking to get a refund of the overpayments we made. Bradford council have told us that they are only liable to pay us for the last 6 years, as they are using the 'Statute of limitations act'.

We have appealed against this decision, and now we are waiting for a tribunal case date. In order to help me with my case, I wondered if there has been an example of this overpaying of council tax, as I have read about successful cases on Martin Lewis money saving expert web site.

If there has been a similar example of this, I would be grateful if you could give me details, as it would aid my case at the tribunal. In short, has any other council repaid council tax mis-banding back, longer than 6 years?
Any information would be gratefully received,
kind regards Mark.

Best answers:

  • Many councils have refunded overpayments of more than 6 years. However, as far as I am aware, there has not been a definitive case on this subject and if there had been it would have to be at a higher court than a Valuation Tribunal and if it were not in a council's favour, it is doubtful a council would disregard the court's ruling.
    Cases which have an important bearing on Council Tax issues are usually well known by councils.
    Be aware that if you get a Valuation Tribunal decision in your favour, the council may appeal this to a higher court.
  • The 6 year interpretation is a relatively new take on the matter, previously most councils refunded back all the way. There is a tribunal decision where they supported the 6 years but I can't find it at the moment.
    Personally I disagree with council's limiting the period.
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