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TV license/bailiffs/wrong surname


vicky87
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OK I do not, nor have I ever paid for a TV license. I know some people will think that is wrong, but I never watch live TV and actually only figured out a couple of months back that I can declare this to avoid paying it...rather than just ignoring their letters as I have been doing :!:

 

Anyway. Last year, 'I' got a letter from the TV license company..but instead of the usual 'to the occupier'..it had 'my' name on it. The first name was correct, however the surname is that of my partner. We are not, and never have been married, so I really do not understand it at all. It said I had signed some sort of contract (which I hadnt) and had not paid my bill so they were taking me to court. Since I have had many empty threats of court over the years..I just ignored it. But more and more letters kept coming. I sent them all back saying 'not known at this address'. I have had about 10 or so over the past 6 months. Yesterday morning I got a letter that looked quite important, for my first name/partners surname. I opened it and it was a letter from 'Collectica'. it appears that one of the letters that I sent back may have been a court warrant and a decision has been made in 'my' obvious absense.

 

My question is..can they legally enforce this? Given that they, and the court, along with the TV license people have the wrong name for me? It says on the letter that if the name and such are wrong, to send a copy of the households council tax bill. But on the CT bill it will say Vicky R******* and G**** F*******. Whereas the person they are looking for is Vicky F******* :|

 

I am absolutely baffled as to how they have put my name and my partners name together for this bill, without either of us ever speaking to them. I really am.

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If the wrong name is on the License then its not you !! The only way the TV license people can gain a successful prosecution is if you admit to receiving live TV signals. Loads of stuff on YouTube regarding TV License's. You are not obligated to give Capita (private companies) any personal information. they would need evidence to prosecute you.

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First of all you need a license if you are watching TV on a TV other than just on demand or video! That I know is not the problem here; you have got a letter from them with the wrong name on. Have you told them they have the wrong name and that you are not married to the other person. A TV License is for the address by the way not a person, but you are correct they should only converse with the person who made the arrangements for a license or in your case, responded to the letter to say you do not watch live TV. That was your first mistake! You should have continued not to respond to them as the occupier is not specific to anyone, as there are more than one occupier in your home. I am really baffled as to how they have taken you to court if they have not spoke to you at the door! I would also think that there is no such person as they have addressed it that they cannot enforce anything. They have to issue any legal letters or documents to the correct person and if they have not then they have the wrong person and can do nothing about it. Send them all back as you have NO SUCH PERSON AT THIS ADDRESS BY THIS NAME and continue to ignore them. Do not get involved in this. If they address stuff to the wrong person, or incorrectly that is their problem. If anything else comes then stick to your guns they have addressed it wrong: that is all their is to it and if you do not watch live TV then you could also argue that you do not have to have a license. If you want specialist advice on this there is a website called TV LICENSE RESISTANCE They are excellent.

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If you have received a letter from Collectica then I would hazard a gues they are chasing for a now unpaid Magistrates Court Fine. The letter should have some details on it about the amount outstanding including fine amount and which Court it was heard at. You won't get much joy out of Collectica but will need to contact the Court and advise you know nothing of this as you do not watch live TV. Be prepared for a lot of grief and angst about this. As it is now a "criminal" offence the Warrant the Bailiff has does give him the power to force an entry.

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Hi Your post #1 quote " it appears that one of the letters that I sent back may have been a court warrant and a decision has been made in 'my' obvious absence." does this ring any bells ! looks like this is what its all about IMO .What is strange they would need to prove you had been reviving live TV signals to fine you I would think ?

Edited by matt v atos
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Even if she has been done in her absense, which is probably not likely as she would have to tick if she was going to defend the action or not and they cannot proceed without this response. They have to show you are watching live TV and they cannot do that without one of three things: they have seen it for themselves and sworn a statement to that effect; they have spoken to you at the door and you have been stupid enough or frightened enough to sign the statement form that they make out at that time, saying you were watching this TV and this is not something you seem to have done: or you have admitted the fact at some time. They can get evidence by climbing up and looking through your window and this is controversial. There is not a clear case here. I do not think they have a case had you gone to them at this time, you would have had a good case to do it. But they also have to bring a case against an individual and they cannot do this if they do not have your correct name. It seems to me that they have charged a person who in law does not exist and so they would not be able to follow this up. Next time you get something that you do not need to respond to: ignore it and you would not have been in this ridiculous situation. I know that sounds easy and we have all been there. I complained about something recently when I could have just ignored it and they took some ridiculous action that they could not have done had I not responded to them. I stopped the action with a preemptive strike, but I could easily have avoided a lot of stress and two days of migraines by ignoring them in the first place. You cannot and do not have to prove an negative. They have to prove that you are watching live TV. I do not know the law on getting this quashed or over turned but I am sure that it could be over turned if you get proper legal help. You may find that TV Resistance Website can help at this time. I advise you give them a look and tell them your story: you will be interested to see that there are ways around the TV license legal attack. I got my husband off having to even attend and the case was thrown out by submitting 18 legal challenges and the fact that we had a license and he was on morphine at the time they came to the door. He only said in the statement that he believed we had a license and their records said we did not. I had to even ask it to be heard at a closer court as they wanted it 30 miles away. At the time he was attatched to a cathetar and to various tubes. He could not even leave the house: let alone go to court. With the help of the TV Resistance people I won my case without it even being going to court. The judge at the first plea hearing threw out the case. They did not even apologise: just threatened me that if we came up on their records again they would bring the case again. I reminded them that I had won the case and demanded a full apology. I had one three days later and the assurance that no future action was being considered as the payments were clearly being paid and they had clearly made an error. They were even forced to admit the case should not have been brought in the first place. It is well worth making a challenge to the judgment against you as it was made without you even knowing you had a court date. That and the business of proof, plus the name thing is reason enough to have it reversed. Give it a go and good luck.

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So I should contact the court?

 

Wont they just transfer the fines and such into my name, since I dont actually have a tv license?

 

I am still baffled as to how the tv license people have put mine and partners names together like that

 

Also, I thought openning post not addressed to you was illegal..so would I get into trouble for opening the most recent one?

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So I should contact the court?

Yes - that (or appointing a solicitor to do it for you) is the only way to get it sorted, IIUC. I would expect them to be fairly concerned about this, and that they will want to resolve it. You should also make a complaint to the BBC regarding this false prosecution.

 

Wont they just transfer the fines and such into my name, since I dont actually have a tv license?

No - that isn't possible, without a new hearing. BTW, you do know that you don't need a licence if you don't watch TV broadcasts?

 

IANAL - so I would suggest that you confirm my suggestions with the CAB or a solicitor, if you can.

 

I am still baffled as to how the tv license people have put mine and partners names together like that

The TVL field staff operate on a commission scheme - when law enforcement is set up like that all sorts of dubious things can happen.

 

Also, I thought openning post not addressed to you was illegal..so would I get into trouble for opening the most recent one?

I wouldn't have thought so - you could say that you were worried someone was trying steal your identity. In fact, it is probably worth checking with one of the credit agencies to make sure your files are not messed-up.
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