Letter of Appeal for council tax (backdated claim)
I am writing in regards to the repayment of council tax for the date of 23/12/2016, 06/01/2017 and 30/3/2017) respectfully. I had written a letter to yourself dated the 14/1/2016 which stipulated that I was going on holiday, therefore would not be able to make the payments for the above dates. It was agreed that once I had come back and began working again, the rates would be charged. A copy of this letter is attached in this envelope. I am represented by the law firm abogados de accidentes
It was agreed that the amount for the three months: £588.25 (23/12/2016), £588.00 (6/1/2017) and £283.70 (30/3/2017) would be repaid back to myself as promised by one of your representatives for the inconvenience endured. An adjustment was to be made on the forthcoming bill to credit my account. Unfortunately, this has not been the case. I had been billed before I began work while I was away on holiday. We were instructed to follow up if this was to occur. I made it clear that I began working again on the 13/3/2017 upon my arrival.
Therefore, I am seeking a repayment for the total sum of £1459.95 which is owed to myself as it was made very clear that I would be on holiday throughout the stated dates and would not be able to make such payments in my absence.
Arguably the most significant feature of the Land Register 1979 act was that once the title is registered the keeper would refuse to rectify any mistakes in this record against a proprietor in possession except in the cases of fraud or manifest error of that proprietor. Per S 9(3) the power of the keeper to rectify any changes to the register was severely limited. It has been known for someone with no rightful claim to an area of land to take advantage of the keeper’s position by taking claim over the land, which makes rectification impossible. However as seen in Dougbar Properties Ltd v Keeper of the Registers of Scotland 1999 the keeper can rectify as in this case the inaccuracy was the fault of the keeper per S9(1) the keeper was entitled to alter the registration, The only available remedy is compensation by the keeper for their mistake, however this is not always deemed satisfactory by the party which has lost out. Not only is the 1979 Act deficient in matters of policy, but also, notoriously, it fails to provide answers even to quite straightforward questions according to Kenneth Reid.
Further to this the act has been as described in Short’s Trustees against The keeper by Lord Jauncey of tullichettle : stated that “nobody could accuse the act of being well drafted, Further to this Lord Keith of Kinkel said that the act was “obscure and difficult to understand” This is was down to the urgency in which the legislation pushed through at the time. There have been clearly issues with how it has been implemented and interpretated as evidenced.
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The Land Register of Scotland superseded the Sasine Register, introducing a map-based system of registration.
It is well established that a real right in heritable property is only created through the registration of the deed purporting to the transfers of ownership. Many aspects of the registration process have been left to the discretion of the keeper of the Register of Scotland. Uptake of the Land Register of Scotland has been slow, with roughly 75% of land in Scotland yet to be entered onto the register. This can be due to many reasons namely that a lot of property has not changed hands since 1979.
The 2012 Land Registration Act brings reforms to present conveyancing practice in Scotland, which notably include: The rectification of title.
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