TV Licence help please

[helpneededplease]

Hi everybody, first post here so hope this issue hasn't been covered previously, had a hunt around but couldn't find anything so here we go (bit if a long one).

Basically I bought my TV licence when I went to university (halls of residence) in the year 2003-04. I payed by phone, clearly stating that I only required the licence for the period of one year. I was told this was possible and if I wanted could spread the payments over the year (quarterly - seemed like a good idea as a student). Now comes the problem, I hadn't fully understood the implications of the automatically renewing direct debit, instead assuming that I would have to renew the licence each year. During the following years I lived in shared student houses that only required 1 licence and were licenced by one of my friends during each year). However since 2004 I have continued to be charged quarterly by the TV licencing people...which until recently had gone unnoticed on my bank statements (hands up on this one, this was stupid on my part, not debating that).

Having noticed the direct debit I quickly cancelled any further payments with my bank and contacted TV licensing. I applied for a refund for 2004-2008 which is obviously a good chunk of money. Despite their rather insulting procedure, the evidence I provided for not needing the licence after 2004 proved good and received a refund BUT for only half of the time mentioned above. According to the customer services manager I have since spoken to, this is due to a change in their own policy (changed in 2006/7) that says that they will only refund up to 2 years unless I can prove that they made the mistake when I purchased the licence in which case a maximum period of 6 years is allowed (see here. This policy seems arbitrary and almost impossible to provide evidence to be considered for refunds over 2 years.

Has anyone got any advice to how I could take thing further?
I am not happy with the current situation and feel I was miss-sold the licence in the first place, only expecting to pay for 1 year. I've looked at the distance selling regulations, which changed in 2005, but when I purchased the licence consumers had to be provided with clear information about the goods and services before they bought them, this was obviously not the case.

Anyone got any ideas or know the legality of the situation because now they've charged me for a service that they know that I didn't need nor used and instead use their own self imposed policy to prevent me from obtaining a full refund!
Any comments would be very much appreciated, thanks in advance!!

[Conniff]

As much as I abhore the tv licencing system, I have to point out that the rules and regulations surrounding it has nothing to do with either the BBC or TV Licensing.

The regulations regarding tv licenses are made by parliament and TVL must abide by those rules.

The tv license is a tax and not just something that is bought, which means you are very lucky to have been given any refund whatsoever. Normally you can only claim back 'unexpired' months the same as road tax on a car.

As tv license is a tax, it does not come under the distance selling regulations, there is nothing for you to inspect or approve when you receive it.

I know you don't want to debate it, but perhaps in the future if you want to stay solvent then you will check your bank statements on a regular basis.

[buzby]

Or, use it as a lesson - not simply to check your bank statements regularly (boring), but to avoid giving ANY organisation the power to remove money from your bank or credit cards (DD or card mandate). By doing this you remain in full control, and whilst it can cost a little more in the long run, saves you wondering why your money is running out faster than you can earn it!

[helpneededplease]

Thanks for your replies, don't worry I have learned my lesson with this fiasco! It is still bothering me though. I have not heard or read before that the TV licence is simply a tax and therefore does not need to abide to distance selling regulations etc. I still maintain that I was mis-informed and mis-sold the licence and not given sufficient information before purchase.

In any case they have admitted their mistake by refunding me in the first place (if I had no case then they would not have done this) but it is only their own self imposed regulations (by the TVLA) that prevents me from being refunded the whole amount. This 2 year period seems entirely arbitrary (whilst the 6 year period is connected to contract law I believe), I don't see why there should be a difference for a period of 3 months or 3 years, as long as proof is provided (which I have done). Again it is pretty much impossible to prove they are in the wrong to qualify for over 2 years of refund, so they are covering their own backs on this one (this policy only came into fruition last year) and just seems like poor practice to me. In other words, I can not see and have also not been explained to by the TVLA why if I should be refunded 2 years then why not the full amount, what's the difference?

[buzby]

Difference - considerable! This way they limit their exposure to claims going back years, putting the onus on the fee payer to ensure (and take responsibility) for the payments they make.

[helpneededplease]

Still doesn't sit with me, if I qualify for a refund then a full refund should be given, surely it should be one way or the other. Saying well yes we'll refund you some of it but keep the rest to teach you a lesson just isn't right!
Whilst I do not deny I have made a mistake, none of this was ever made clear from either the point of purchase or up until I applied for a refund and was told I would have no problems getting the full amount back. Details about the 2 year policy isn't even on their refund forms! I still must have some case here...no?

[lillymay1975]

I've just had a warrant for my arraest for tv licence, they are (EDIT), a woman called last august, asked if i had one, said i did as i had just updated my bank details the day before online, due to me not actaully having one in my hand i have got a £155 fine or i can go to prison, i'm forced to pay £10 a week now and i'm on IB, Port talbot court whom are dealingnwith it are (EDIT) just spoke to this (EDIT) on the phone, told her what was coming in and going out and she said tuff, this is a priority, what a joke, i hate them so much

[Conniff]

So you are saying that you have paid for a licence by direct debit to TVLA and have done since last August.

Why did you not respond to the court summons ?

If you have paid since last August and TVLA have not updated their database, then you have nothing to worry about, go back to the court with your proof and get it set aside.

You can't blame Port Talbot courts for anything. The television licence is a tax and a parliamentary statute which is why it is a criminal offence and not a civil one. The courts hands are tied.