TV licensing and harrassement

[The GodMother]

Hello

 

D is having problems with TV licensing.

 

They got him last year for not having a tv license,

 

They came round on the day he signed the tenancy to say he would be livng there from the monday,

 

The officer lied in the statement that D provided and D refused to sign it.

 

The offcer claimed D had been livng there for months

was using the tv when the officer viisted

despite D having only gone round to check the property and sizes of windows.

 

D got a letter with a summonds to say they were taking him to court.

 

could not get the time off so D sent a statement in to the courts

and proof of tenancy agreement explaniation of the lies

also a statment from the council explainng what time his appointment was

and confirming the tenancy start date etc.

 

TV licensing got a judgement anyway.

D did not bother to appeal just paid the fine.

 

Yes D knew he would be moving in at some point that month but

 

he got a call the day before saying he could pick up keys the next morning.

TBH tv licensing was not a top priority to sort out especially as the tenancy does not start till the monday anyway.

 

Yesterday D got another court summons from TV licensing as accordng to their records

D had not paid for the 16th November to 6th December.

 

According to the bank statements it left his account.

 

This has been the first and only contact he has had from tv licensing in regards to ths matter.

 

This is the third time in 13 months they have done this.

 

The 2 previous times the tv licensing were to go away and find the money.

All payments before and after these dates have left Ds bank account going to them.

They are not admitting they are wrong,

yes he phoned them before contacting us.

 

The summons is dated 20th January

he is in court next wednesday.

 

We are in the process of getting the bank statement printed out for the past few months n relation to the tv licensing payments.

 

D is wondering can he serve them with a letter of intent to sue for harrassement over this

as they clearly are doing something wrong

then go on to sue them for harassment.

 

Also would somebody be able to provide me a letter

l can gve him to serve on the TV licensng reps on Wednesday

[BRIGADIER2JCS]

I doubt there is a case for alleging harassment here, sounds more like incompetence by the TVL.

There really is not enough info here to formulate a "letter before action" in my opinion.

[The GodMother]

What further info would u requre Brigadier.

[The GodMother]

What is the goverment department responsible for them. I feel they need to be made aware of this. Also who else can they be reported to is he not covered by the DD guarentee.

[BRIGADIER2JCS]

To allege harassment a chronological account what happened, the reasons TVL gave for their 'interest' in your friend, what were the suspicions they had etc.

 

 

The payments: how are they made DD/Standing Order. Are they maintained without a break ( no missed payments).

3 events in 13 months is not totally unreasonable unless your friend feels there is some 'discrimination' issue.

[The GodMother]

The payments are made by DD. As far as D s aware they are always paid. The bank statements show they are.

Sorry due to the weather l got the dates for the alleged non payment last year wrong its the 6th November-5th December. Obviously the TVL are responsible for takng payment but there is Always enough money in the account for when they take payment.

 

The only times there might be a problem is when LTSB split. He is with the same Branch of Lloyds as us and the clearing times for payments have now changed so instead of being there at 12midnight it is now not in till 1.30 am but several payments have been made since the change with no problem.

 

Also he has told me that at the old property they done somethng similar about 6 times, tho l dont think this wll count as that was 2 yrs ago and he was in temparory acc between then and last year for 18 mths.

 

They also are fully aware of his mental health issues and as result they never phone him or send anyone round. His statement to the court in regards to the case when he had just moved in had that he is a mental health patient and he feels they are treating him unfairly. They only sent someone round the day he got the keys as they had not reciieved payment for the property for a year.

[The GodMother]

Went to court. He provided bank statements to prove money has gone out. Also advised this s the 3rd time they have brought a clam against him for no reason.

TVL got told they had to In writing formally appologies and pay Ds costs of £50. D asked the courts if he would be enttled to costs due to the claim be unfound again and the judge asked how much and he sad £50 out of nowhere. it covered travel and lunch.

[BRIGADIER2JCS]

Went to court. He provided bank statements to prove money has gone out. Also advised this s the 3rd time they have brought a clam against him for no reason.

TVL got told they had to In writing formally appologies and pay Ds costs of £50. D asked the courts if he would be enttled to costs due to the claim be unfound again and the judge asked how much and he sad £50 out of nowhere. it covered travel and lunch.

 

 

Excellent!!!

[The GodMother]

yep l got a free lunch and free travel to Norwich.

[The GodMother]

BTW was he entitled to costs.

[The GodMother]

Ok so since february this has kicked off again. they took him to court AGAIN in April for alleged missed payments but again they lost. Today they sent someone round but he was not in. Again he contacted them and a payment has not gone out according to them. the bank says all have gone out.

They have been told verbally in court every time they have no rights of access its been told to them on every written contact and telephone contact along with EVERY court defense that has been submitted.

D has with my help also submitted a formal complaint over the way he has been treated over the past few years which clearly said he was removing access. They have signed for this letter but ignored it.

Now does he have any comeback on them for the tresspassing and harrassement. this is getting beyond belief.

[brassnecked]

Did he appeal the original conviction as the case was fflawed asb initio?

[The GodMother]

I did state he did not appeal the original conviction. when he contacted the courts he was told he could not appeal even tho the evidance was clear he did not live there and not offence was admitted to. He did not even sign the paperwork the signature was a fake and that has been clearly proven with official documents signed etc. TVL accussed him of using a fake signature on there docs. He was not able to get time off work at short notice for the first hearing so sent me as his appointed rep. I have known this bloke for 12 yrs now so l can say l no his signature. I was also with him when he signed the tenancy and when the TVL turned up. the guy was abusive and threatening. As the previous tenant had a sky contract and the dish was still there he made a faulse report.

[The GodMother]

Oh and during the inital visit from the tvl all that was at the property was my bag which l had brought some stuff in like a pad and pen tape measure bin bags screw drivers and other bits l might have needed, His bag with paperwork work he needed for id and a folder of docs in relation to the tenancy. 2 mini step ladders the sort that had a couple of steps. Also other bits we might need like cup drinks etc, it was a hot day.

[renegadeimp]

When you say you arent allowed to appeal, who told you that?

[The GodMother]

the courts. We telephoned them and they said it could not be appealled so did not bother going any further with it. Especially as it would have cost money due to him working

[stammatis]

What is the law on right of implied access removed ? to TVL agents (NOT BAILIFFS) just the TVL Capita people who turn up at your door?

[The GodMother]

yes right of access has been removed for sometime tho they have ignored it and several times sent a TVL/Capita guy out. They are aware of it as its been in all the court docs been verbally told and told in letters. they have ignored the complaint and not even bothered to respond to it.

[SabreSheep]

can you do a small claims action for tresspass?

[The GodMother]

dont no.