Can I take the Valuation Office to court?

[fbnts]

Hi,

 

I have a long running dispute with the VOA. I took out a 3 year lease on a 3 story shop in 2003. I moved into the two upper floors and the property was split by the VOA so that the ground floor was business and upstairs was domestic and therefore attracted Council Tax for the flat and Non Domestic Rates for the shop/office.

 

11 months later, we couldn't afford to stay at the premises so I found alternate live accomodation and moved out the flat. About 3 weeks later the business also left the property.

 

I was unable to get out the lease (thats another story) so was liable for the remain 2 years & 1 month empty property rates on both the flat and shop.

 

I tried to get the VOA to re-value the property back as one business premises as thats what it was now (and was origionally) but every step they have dug their heals in.

 

They wanted to inspect the property to decide if it should be revalued as one but as I had returned the keys, I had no way to allow them access.

 

My lease terminated in Jan 2006 and in July 2007 the property was re-let. After checking the VOA website, the new tenants have had the property re-combined as one business property.

 

I then contacted the VOA again this week to point out that they had done this and ask that they backdate this to when I had the property.

 

Unfortunately they are still refusing as they say that the last use of the upper floors was domestic and cannot change that without an inspection.

 

I pointed out that the upper floors were used by the business for a few weeks after we moved out the flat and therefore the last use was business, however they say that 3 weeks is not sufficient time to class it as business use!

 

I am really annoyed at how obstructional they have been. Apparantly I am not able to appeal their decision as I am no longer an interested party (ie my lease has expired).

 

Can I take this to the county court and ask a judge to decide on my evidence as I am clearly not getting anywhere with the VOA directly.

 

Tom

[Conniff]

I certainly hope you get the answer your looking for fbnts. It grieves me that all government bodies are only interested in making money and I think they see themselves as some sort of commercial enterprise.

There is no interest in 'the people' any longer.

 

If the answer is what you are hoping, will you keep us updated on how things progress?

[fbnts]

Thanks for the reply, it is extemely anoying that apparantly they are independant from the council and have no financial interest in their decision... why do they not act like that!

 

My main question at the moment is to if I can raise court proceedings against the VOA as they are 'an executive agency of the HM Revenue & Customs'

 

Tom

[DBG]

How frustrating for you and I wish I could give you an immediate answer. I was about to post a very similar questions about taking my local authority to court as they have repeatedly overcharged me (and I've paid) on council tax for 4 years whilst their records always seem to pesistently show this not to be case. Over the last financial year alone I have had to shell out more than £100 in baiiffs fees and court summons costs instigated by the council because their records have been incorrect. This now seems to have been resolved and I'm expecting a cheque for over £1000 for overpaid council tax since 2004. However, no apology, no compensation for the distress it has caused or refund of the money paid in costs. My intention is to contact CAB about taking the council to court have you thought to ask CAB about your query?

Whatever happens do keep us informed of events. Good luck

[fbnts]

Hi,

 

I really do understand your situation - because of all this I have been stuck with 5 liability orders (4 paid off already) bailiffs & attachment of earnings etc for the last4 years.

 

I have lost all confidence in the local council and VOA. Their only intention is to rob us for everything we've got!

 

Why should the council be able to enforce coucil tax through magistrates court? Surely they should get in line with everyone else?

 

Grrr, really gets my goat!

 

Tom