Philips Bailiffs - Fine for no TV License - Fake Visit? - Advice Needed

vee-licious

Hiya, my partner has had a magistrate's court fine for not having a TV License, which is now being dealt with by Philips Bailiffs.

We recently noticed that the balance showing online when we went to pay had suddenly risen.

We had entered into a fortnightly payment plan as soon as the letter arrived from Philips but paid a few days late on several occasions. However, rather than just not pay at all we have kept making regular payments apart from during October when we were living off Child Tax Credit and Child Benefit alone so it was impossible to make any payments that month. My partner started working in November and since then we have increased the payments as we want to get the balance settled asap.

I requested a breakdown of fees via email which they got back to me and are as follows:
Payments received:
5 jul - 24.00 (this was the last payment on the card)
22 jul - 21.00
8 aug- 21.00
22 aug- 21.00
7 sep - 21.00
15 sep- 21.00
3 nov- 41.00
10 nov- 41.00
22 nov- 41.00
Fees/Charges:
24 jun- 226.00 Debt vat- 0.00
25 jun- 75.00 Administrative Fee vat- 15.00
22 jul- 1.00 payment by D/C vat - 0.20
8 aug- 1.00 payment by D/C vat- 0.20
22 aug- 1.00 payment by D/C vat- 0.20
7 sep- 1.00 payment by D/C vat- 0.20
9 sep - 200.00 Attendance Fee vat- 40.00
15 sep- 1.00 payment by D/C vat- 0.20
3 nov- 1.00 payment by D/C vat- 0.20
10 nov- 1.00 payment by D/C vat- 0.20
22 nov- 1.00 payment by D/C vat- 0.20

Initial Debt amount = £226.00
Costs Incurred = £282.00
Vat = £ 0.00
Total = £508.00

The problem I am having is with the attendance fee. No letter was posted through our door and nobody came and knocked on our door either. The first I heard about this charge is when I requested the breakdown of charges / payments.

3 times since then I have emailed them and asked for more details about the visit that incurred this fee. Each time they have evaded my questions and refuse to remove the charge from the debt. They have said that the charge is because we were late with payments but they have to have actually attended to charge an attendance fee, right?
The last time I contacted them I really pushed them for answers and they have replied with "the agent attended the address on 3/11/11" So why were we charged on 7/9/11? I have asked for a screenshot of the account but am still waiting for their response.

I have been doing a lot of reading about this and according to bailiffadviceonline it says they should of put a letter through and written any identifying marks of the address. I have asked for this proof but have had no luck with them. Does anyone know which law requires them to do this?

I need to send them a letter through the post but it needs to be backed up by the laws etc. they should be sticking to in order to prove that I know my rights and will not back down. That or I could complain but I don't know who to write to. When we pay tomorrow there will only be the £200 left to pay so hopefully this will be sorted soon. Or is it better to just pay everything then follow the advice on screwthebailiffs to get a refund of the fraudulent charge.

If anyone has a draft letter to get the charge removed before it is paid that would be most helpful!
I apologise for the massive post, I am just trying to include the info I have so far so thanks for reading!

chanz4

It wont just be an attendance fee @ £200, more like van charges , x2 visits etc. I would contact your mp if they dont fold over it

[Deleted User]

Why don't your contact the TV License department directly and ask for them to ask the contractor to make sure your request is actioned.

I always find it is easier to pay and then deal with the issues, whilst you still have a debt people often think you are complaining because you just can't pay and that way they take little or no notice of the real issues. If you can pay then do and then you can claim back your hard earned cash.

Looking at your fees they don't seem too bad considering what they could have done. I would much rather this than be locked up for the night like I know some are...

sgtbush

We had entered into a fortnightly payment plan as soon as the letter arrived from Philips

---

you were late paying so the whole fine is payable


The problem I am having is with the attendance fee. No letter was posted through our door and nobody came and knocked on our door either.

---

this contradicts your 1st statement
you should of had a tv licence-- you got fined- pay the fine-- if your late you will get charges added- its not so hard

oldhand

That is a disgraceful list of charges they make on you for what is in effect a tax enforced by threats whether you watch bbc programmes or not.I live in n.ireland and I understand the enforcement rules are different in england but I have to say I do not pay the licence fee and although I have had various threatening letters over a number of years thats as far as it goes.I would pay the fee if I did watch bbc programmes but in the same way as I do pay sky each month because I have the choice of doing so to watch their programmes and if I did not pay they can and would cut my sky signal off im quite sure the bbc could do the same to those who do not wish to watch so why try to make everyone pay for those that do??

vee-licious

Thanks to all for reading and responding :-) They have responded to my request for a screenshot of the account with:

Hello
We can not send a screen shot of the case however a statement is attached .
Regards Philips .

The statement they have sent is just the same thing posted above.

@sgtbush - The letter we had was how we found out we had to deal with Philips in the first place, they sent a letter through Royal Mail hence the £75 admin fee. This was at the end of June. However, on the 9th September when an attendance fee was charged and the 2 months later when they apparantly made the visit no letter was put through our door to notify us they had been there. If someone makes a visit and they don't speak to you they have to put a letter through the door with the date and time and possibly who made the visit too. They have to record it on the warrant itself too although I have not seen this as I have not actually met them or even spoke to them over the phone yet. When I rang to make the payment plan offer it was an automated phonecall. Sorry for confusing you. :-)

I know we messed up and we are paying the price now but they should also stick to the law when dealing with these matters.

glasgowsaver2011

This is why you never ever let a tv licence inspector into your house, they have no right of entry without a warrant

What law authorises enquiry officers to request access to my home? Can I refuse to let them in?




Enquiry officers do not have any legal powers to enter your home without a search warrant granted by a magistrate (or sheriff in Scotland). They (like other members of the public) rely on an implied right in common law to call at a property as far as the door, while going about their lawful business and making their presence known. Enquiry officers must explain to the occupier of the premises why they are visiting, be polite, courteous and fair, and abide by a strict code of conduct.
You have no obligation to grant entry to an enquiry officer if you don’t wish to do so. If refused entry by the occupier, the enquiry officer will leave the property. If enquiry officers are refused access or an occupant withdraws the right to visit, then TV Licensing reserve the right to use other methods of detection.
http://www.tvlicensing.co.uk/about/foi-administering-the-tv-licensing-system-part-2-AB20/

RAS

Hi

I would make the next payment them get Herbie21 at the bailiffadviceline involved; because this is a magistrates fine not a CT debt the fees they can charge are much higher.

It could be worth the 60p premium line fee to find out if you can challenge the attendence fee.

vee-licious

Thanks, I might just do that, I haven't got a problem with paying but I haven't got anything to lose by challenging it. Whether they remove the charge or not, its a relief that it should be sorted out soon. But even though I am still paying now, what's to stop them making more visits now? Thats the only thing that worries me.

I'm not sure if the TV license man came into the house or anything or just questioned my partner as I wasn't living with him at the time but I have only ever dealt with them once, when I genuinely didn't use the TV to watch live footage, only to watch DVD's and play on a game console. I just told him I didn't watch TV and he asked if he could come in and see, so I let him in, he had a look round the back of the TV and that was that, I never heard off him again. He also told me that you can watch pre-recorded shows online, even BBC iPlayer, as long as its not live you don't need a license.

glasgowsaver2011

vee-licious wrote: »

Thanks, I might just do that, I haven't got a problem with paying but I haven't got anything to lose by challenging it. Whether they remove the charge or not, its a relief that it should be sorted out soon. But even though I am still paying now, what's to stop them making more visits now? Thats the only thing that worries me.

I'm not sure if the TV license man came into the house or anything or just questioned my partner as I wasn't living with him at the time but I have only ever dealt with them once, when I genuinely didn't use the TV to watch live footage, only to watch DVD's and play on a game console. I just told him I didn't watch TV and he asked if he could come in and see, so I let him in, he had a look round the back of the TV and that was that, I never heard off him again. He also told me that you can watch pre-recorded shows online, even BBC iPlayer, as long as its not live you don't need a license.

These people are not police (even the police cannot get entry to your house without a warrant)

I have never and will never let them in to my house

Not that I have a telly :A

vax2002

They use deception to get you to sign a contract, they cover the top half up with a letter head and use a wide elastic band to hide the joint, they use deception such as sign this and you will just get a bill for a TV licence and wont have to go to court....
In fact what you are signing is a contract of confessing to watching TV without a licence.
Once they get that signature and name.
You are finished, its game over, you have signed away any defence.