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littlefatbudha

can i reclaim costs for summons and liability orders .(wrong council tax band)

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Hi all,

 

I have been in the wrong council tax band, for many years and it has now been corrected.

 

Whilst being in the wrong band, I received ,summons and liability orders, for which I now know were for the wrong amounts.

 

Can the council, still claim that they were right in doing this, as I did owe an amount, but not the amount I actually did owe due to being on the wrong band.

 

After the banding was amended, it cleared all the arrears that I owed at present, and all other years.

 

I would appreciate any help, regarding this.

 

Thanks.

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Probably not, until the Band was altered by the Valuation Office, or on appeal by the Valuation Tribunal, the Council were obliged to bill you in accordance with the official Band shown in the Valuation List and unfortunately there was no right to withhold the payment. They only way to be sure is to contact your council and speak to the senior officer in charge.

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Agree with the above as you were only served with liability orders and associated costs due to the fact you did not keep up with payments for all years that this happened. Disputing the amount of council tax owed, benefits applied for or discounts applied for are not seen as being valid reasons for withholding payment of council tax.

 

Unfortunately, for these reasons, mean that the council would have been within their rights to apply for the LO's and you become liable for the costs of them.

 

The best you can hope for (and all you're entitled to claim) is the difference between the band your house was in and the new, reassessed, band. Be aware though, that the council might try and offset the refund against this year's council tax bill rather than making a payment direct to you.

 

Feebee_71

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Thank you both for your replies, you don't know until you ask.

 

Littlefatbudha

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