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valuation tribunal strike out decision
Help please, has anyone got any info/news on what I can do as all my appeals to the VT on overpaid CTs have been struck out, URGENT HELP NEEDED
I think you need to be very clear on what sort of decision you are asking them to make.
1. If a CTR/CTS overpayment is found to be recoverable under the rules of the local scheme, and your appeal is on the grounds that those rules are wrong/unfair, then that is outside the VTE’s jurisdiction. The local scheme rules fall under s13A(1)(a), and would need to have been challenged by judicial review.
2. If, as a result of a CTR/CTS decision - or as a result of any other mishap - someone has a C Tax debt they can’t pay, they can ask the council to write it off under s13A(1)(c). This will usually (but not necessarily) be on grounds of financial hardship. A council’s refusal to use discretion to write off under that section can be appealed to the VTE. Councils may have their own policy on how to apply this discretion, which won’t necessarily be binding on the VTE.
We recently sent in an appeal which was (I thought) very clearly labelled as being under the second case, but the VTE threatened to strike it out as being a case of the first type . We sent them an explanation of why it should be within their jurisdiction. They have now changed their minds and it is going to be listed.
Thanks Jon, yes a good tactic, I can ask for a 13A payment and appeal if refused, the LA may cough up to avoid more trouble