Backdating single person's discount

[Barnetperson]

Hi everyone. I am new to the forum and pleased to be joining such a fabulous, supportive community!

 

A quick question on this topic. On telephone advice from a person in Barnet Council's office, I recently applied for backdated single person's discount of 25% as the council told me that I was defaulted to two persons.

 

I have been single at this property since 2005.

 

I just received an e-mail saying: "We are unable to action your request. As ignorance is not a valid reason please confirm reasons to why you did not notify our office at the time?"

 

Before I reply, I just wanted to sound out any advice on how to achieve a favourable outcome.

 

In particular:

1. What are any legal precedents for backdating and refusing to back-date?
   
2. If the council had defaulted me to two person dwelling, then are they obliged to be able to name the two occupants?
   
3. Why is "ignorance not an excuse"? Is there legal grounds for challenging this default position?
   
4. Any advice on what I should mention or cite in my response?
   

 

I am in pretty serious financial difficulties and this refund would go a long way to turning my circumstances and life around. I would appreciate any insight or tips.

 

Thanks so much,

 

Peter

Edited April 7, 2015 by Barnetperson

[id6052]

can you claify what happened in 2005?

 

were you already living in the property and did the other resident move out?

or did you first move into property in 2005 on your own, in which case, did you tell the council you were the only resident?

[id6052]

the strength of your case may depend upon the quality and content of correspondence issued and received from Barnet over the years as to whether there was sufficient information for you to have realised earlier that a discount had not been applied

 

you could try looking through VT decisions and see if there are any that are helpful - I had a quick look but the search function is rubbish - so it would be like looking for a needle in a haystack

http://info.valuation-tribunals.gov.uk/

[Barnetperson]

can you claify what happened in 2005?

 

were you already living in the property and did the other resident move out?

or did you first move into property in 2005 on your own, in which case, did you tell the council you were the only resident?

 

 

Hi id6052, thanks for your support.

 

I bought the property in 1999 when I moved in as a single person. My then girlfriend moved in with me in 2000. Unfortunately we separated in 2004 with her leaving this residence so hence I have requested the single person's discount beginning 2005.

 

I am trawling through my old files to see if there was any formal communication. As I stayed on good terms with my former girlfriend she had confirmed to me that had been registered for council tax in her new location from 2005.

Edited April 7, 2015 by Barnetperson

[id6052]

if the council had originally incorrectly assumed you were not entitled to a discount and had failed to make appropriate enquiries, you would have had a stronger case

 

however if you were being properly charged (i.e. no discount) in 2004, and then subsequent to that you had a change of household and did not re-apply, your case does not sound very strong (especially as you have not challenged it for over 10 years)

 

i assume they have applied it from now and refused to backdate - you should try submitting a grievance against being overcharged CT for last 10 years

 

i do not expect great success with the Council, but you would then have opportunity to appeal externally to a Valuation Tribunal which you may have a little bit more chance with

 

when submitting your grievance, you may also want to make a subject access request under DPA to see if there is any evidence of you applying earlier

[Barnetperson]

Thanks again id6052. Very helpful.

 

I am just going through my old correspondences today and will keep the forum updated in case my experience may be of any help to others.