Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Council Tax Banding - Reduction and Refund - Can I claim interest

    Hi All

    I have just managed after a long fight with the local valuation office to have my Council Tax banding reduced to the same as my neighbours. (12 purpose built flats, all the same, three in Band D and nine in Band C - so not fair anyway).

    After about 4-5 years of trying am feeling very pleased. I followed the advice given on the BBC programme some time ago - Asking for a Review - not an Appeal.

    I would like to know from anyone else who has had a similar experience, can I claim statutory interesticon on the money they have taken from me over 6+ years? If so, as they work out the CT rate daily, then should I put it in the excellent spreadsheet that Vampiress produced for the bank charges.

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  2. #2
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    Question Re: Council Tax Banding - Reduction and Refund - Can I claim interest

    Hi

    Further to my question re Statutory interesticon, I have been told today that there is no Statute to pay or claim interest on Council Tax, they blame the valuation office for getting it wrong in the first place.

    Has anyone been charged any interest for late payment of Council Tax? I would like to hear from you.

    I would like to hear from anyone else who feels they have paid out all this money over the years, unfairly - and how about trying to get interest on it.

    Does BF or anyone with legal experience have any comments to make.

    Thanks in anticipation -

    Bankoff


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    Default Re: Council Tax Banding - Reduction and Refund - Can I claim interest

    Nice work for getting re-banded, I went through the same and it took about a year (no interesticon though).

    If you are talking about S69 of the CCA 1984 as the statute, then you do not have an entitlement to interest.

    You only have a entitlement to the said interest once you commence legal proceedings and this then applies retrospectively and to future interest that accrues.

    Therefore, in your case as you have been refunded the sum (I presume) you cannot commence proceedings.

    From a statutory perspective as archaic as it may seem, it is only relatively recently that businesses were recognised as having a statutory entitlement to interest on late payments, per the Late Payment of Commercial Debts (Interest) Act 1998:
    The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 6) (Scotland) Order 2002

    That legislation does not apply to you.

    I know that that is not very positive, but I do not know of any sound legal basis on which you would be entitled to claim interest.

    You should calculate the sum first and then decide if worth pursing. I cannot imagine one banding change, even over a few years, resulting in much interest.

    If I have been helpful please click on my star and add a comment.

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    Default Re: Council Tax Banding - Reduction and Refund - Can I claim interest

    I am in the process of having my council tax band reviewed, we live in a 3 bed detached house in a close, and there are 4 bed detached with a utility room as well (we do not have a utility) that are in band E which is the same as us...

    our next door neighbour has a 4 bed and is on the same band as us "E" the valuation office say they will make a decision within 8 weeks, we only have 2 weeks to go...


  5. #5
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    Default Re: Council Tax Banding - Reduction and Refund - Can I claim interest

    Thanks GuidoT, I think I will be on a hiding to nothing,,,,,,,,, but,,,,,,,,,,,, thought it might be a mischeivous thing to do.

    However, would have to weigh up the cost as you say.

    I don't suppose it would be accepted as a claim as they would have paid me back - hence nothing to claim. I still feel its a bit 'off' to have to pay when you know the CT has been wrongly banded, and then not to get interesticon on it adds insult to injury.

    Good luck with your review Nannamoon1, am sure common sense will prevail and you will get a reduction.

    I suppose it is up to all of us to check what banding we are in every time we move, just to see that we are not in the wrong one. There appears to be a lot of discrepancies all over the country.

    The VOA appears to be very busy at the moment, especially now we all know about Reviews as opposed to Appeals.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE