Council owes us (for a change). How come they can apply statute of limitation?

[Jassel]

Council Tax band revaluation means we've over-paid since 1993. Council claim they're only obliged to repay six years overpayment. Wouldn't mind but we don't exactly get huge value for our council tax anyway (I'm semi-decripit with asthma, fibromyalgia, spinal arthritis etc but still end up having to snow-clear the road outside the house etc. About the only thing they do for us is empty the bins, but I recycle 80% of our rubbish anyway). Also when we were involved in a voluntary capacity with other premises, they hounded us into a collective nervous breakdown with demands for business rates, claiming for more than six years. How come the statute of limitation only works one way?

[des8]

Re: Council owes us (for a change). How come they can apply statute of limitation?

Hi and welcome to LB.
I believe the repayment goes back to whenever you moved into the property or 1993,whichever is the shorter period.
I'll have a hunt round to find the appropriate regulations

[nemesis45]

Re: Council owes us (for a change). How come they can apply statute of limitation?

Hi welcome,

The laws an regulations relating to how councils operate is a rats nest.

Tax debts/Rates debts can be pursued after they become statute barred ( as can most debts to Government departments)

Conversely I suspect that the 6 year time limit on revaluations is set in statute.

[Jassel]

Re: Council owes us (for a change). How come they can apply statute of limitation?

New to this so just appeared to have thanked myself - thanks very much for info. Regs would be appreciated,

[nemesis45]

Re: Council owes us (for a change). How come they can apply statute of limitation?

If you can sort these regs/laws and various guidance documents you are a better man than I!!
Google some of the Local Government site many have explanations on such matters as revaluation/business rates/council tax debt.
Other agencies are also involve such as the DWP.

nem

[Nibbler]

Re: Council owes us (for a change). How come they can apply statute of limitation?

If you can sort these regs/laws and various guidance documents you are a better man than I!!
Google some of the Local Government site many have explanations on such matters as revaluation/business rates/council tax debt.
Other agencies are also involve such as the DWP.

nem

I can't find any such limit, although I think Wales did revaluations much more recently.

http://www.moneysavingexpert.com/rec...x-bands-change

This is no chickenfeed solution. Get your banding decreased and as well as paying £100 - £200, and sometimes up to £400, less each year, the repayment should be backdated to when you moved into the property, as far back as when the tax started in 1993.

"Refunded £5,110, annual saving £344. The whole process has taken about three months, but it has been well worth the wait."

That is certainly more than 6 years worth.

Did find a proposed change to limit backdating for business rates while I searched, but nothing on CT.

[des8]

Re: Council owes us (for a change). How come they can apply statute of limitation?

You could point out to your council that according to the Statute of Limitations that where the action is for relief from the consequences of a mistake the time for the 6 year limit does not run until the mistake is discovered limitation Act 1980 sec 32.
Perhaps they could point you to the bit which says this doesn't apply to councils!

[des8]

Re: Council owes us (for a change). How come they can apply statute of limitation?

Further to the above you should refer your local council to the "Council Tax Guidance Manual" issued by the Valuation Tribunal Service.

Section 6.2.8 states "An alteration reflecting a reduction in value shall have effect from the day on which the circumstances that caused the reduction arose"
So the circumstances were the rerating of properties (1994) and that is the date of the effect. The effect is a reduction in tax payable from 1994 so please give me my refund or I am appealing to the Valuation Tribunal Service.

details of appeal regulations are section 12 of the manual (http://www.valuationtribunal.gov.uk/...nual.sflb.ashx)

Copy in your local councillor as well

[bizzybob]

Re: Council owes us (for a change). How come they can apply statute of limitation?

Council are probably making it up, try clobbering them with what des8 put in posts#7 & 8

[Nibbler]

Re: Council owes us (for a change). How come they can apply statute of limitation?

Also, if this was in a letter it would be useful to see the exact wording of what they are claiming.