ALTERING A DISCOUNT RETROSPECTIVELY

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  • #20648
    Lisa_Fuller
    Participant

    Hi

    Can anyone help with an Ombudsman case we have here.

    Customer awarded a 50% 2nd home discount because she was not living in property.

    3 years later we discovered she had actually moved in (2 and a half years ago) and we cancelled the discount from the date of change. Naturally this created c/tax arrears and the customer is disputing these stating she told us she moved in back in 2004 ( no trace of this of course).

    The Ombudsman wants us to quote the Legislation that allows us to amend/cancel discounts retrospectively? Can anyone assist and perhaps provide caselaw on this subject too.

    Thanks
    Lisa

    #3298
    Steve H
    Participant

    Lisa,

    This reply may be too late for you, but here is my contribution to your problem;

    SI 1992/613, Schedule 1, Part 10 (1) is I believe what you are looking for as to your ability to change any incorrect ‘assumption’ that you later learn to be false – 10 (1)(d) being specific to discounts.

    Unfortunately I am not aware of any case law on this – Regentford Ltd v Thanet DC (2004) may be of limited use, but the circumstances are not the same, as it involves late billing – however the judge did not rule that they could not bill retrospectively.

    Hope this helps

    Steve

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