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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife and I live between Wales and England. I have been notified

Resolved Question:

My wife and I live between Wales and England. I have been notified of the Council Tax premium on second homes which could mean an increase of 100% in my Council tax on my house in Gower, Swansea.
This is obviously alarming and we wondered if it is legally allowed to make such an arbitrary and discriminatory decision.
There was a consultation carried out on this in 2013 to which there were 198 replies, of these 55% were against.
I would like advice on who to contact and how to go about taking legal action against this draconian and vindictive measure
Yours sincerely
Geoffrey Hayles
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Has a decision been made yet please?Alex
Customer: replied 1 year ago.
I am unable to get your response other than an offer of a live phone discussion incurring an extra charge, I have turned this down. Please give me a response or refund my money. I had thought that this was a free trial but have paid. I am not happy about the charge and feel I have been mislead. I am finding it very difficult to contact you and am very disappointed with your attitude.
Expert:  Ash replied 1 year ago.
I asked if a decision has been made in terms of the council tax premium.The phone call is just an additional service which is optional. But I need more information before I can give you a reply.
Customer: replied 1 year ago.
No final decision has been made but it could be up to a 100% increase. Th final decision has to be made by each Council by 29th March 2016
Expert:  Ash replied 1 year ago.
Have you made representations to the council please?
Customer: replied 1 year ago.
Yes, I have emailed my views to the council, the local councillor, the local MP, and the leader of the Welsh Assembly
Expert:  Ash replied 1 year ago.
Ok - I would go along to the decision meeting as you may be permitted to make a short submission before the decision.But once the decision has been made then you can consider a Judicial Review. This is where a Judge in the High Court considers what the Council have done and sees whether it is legal and reasonable.A Judge will either agree with the decision or remit it back for further consideration. But at this stage you cant challenge the decision, because it has not been made.You should also note you have 3 months from date of decision to seek a JR.I would also read the following as it is helpful:https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdfCan I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
Thank you, ***** ***** very interesting, I will look into your suggestion, the immediate concern that comes to mind is, of course, would I be expected to pay for a judicial review?
Expert:  Ash replied 1 year ago.
yes you would. You may or may not be entitled to legal aid.I should warn you if you seek a JR and lose, you would be liable for the costs of the Council
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?
Customer: replied 1 year ago.
That is what I was afraid of, and I am sure it will beyond what I am prepared or able to pay, although I will look into it. Who would be the best person or organisation to contact? Is this definitely the only recourse open to me?
Expert:  Ash replied 1 year ago.
It would be a local Solicitor who deals in Administrative Law. You can find one here:http://solicitors.lawsociety.org.uk/Does that help?Alex
Expert:  Ash replied 1 year ago.
Alex
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