Backdated TV licence refunds for over 75's

Torson

I was unaware of the free TV linces for over 75's and am now 78. They are refusing to backdate 3 years worth of overpayment. Only the few months worth of this year when I applied..

When I suggested going to small claims, the answer was we will fully defend it and you will be liable for full costs. I was also informed that it's mentioned on the TV licence about starting a claim when you reach 74.

It's not mentioned on my online licence. I believe their small claims full costs are false. I believe there are people working there blatantly lying to the public.

I am contemplating small claims action. Has anyone successfully reclaimed years of overpayment from their department or in court?

TadleyBaggie

Free TV licence for 75’s or over isn’t universal, you have to be blind or on pension credit. Do either of these apply?

lr1277

As you don't mention it, TV licences are only free for over 75's if they also receive Pension Credit. This has been the case since 1st August 2020 (according to google). 

Edited to add: As you turned 75 after this change was bought in, you are only eligible if you receive Pension credit. 

Cornucopia

As a general rule,  BBC/TVL will consider refunds for Licences for up to 2 years, even in the case of "user error".  

However, the Over-75 Licence may be different because they would need to assess your qualification for the concession for each of the historic years you are claiming for.

Their comments about court costs would appear to be bluster because the whole point of small claims is that it is based around a fixed cost schedule.   I'm not sure how successful your action would be, though - the law gets a bit funny over matters of taxation.

GibbsRule_No3.

Since Sky has been going for over 35 years, while I'm sure lots of, now OAPs might not have paid for it, many will and still have it, so I'm not really sure why people of 75 who were 40, when Sky came about need a free  tv licence, especially if they still have some kind of contract for anything other than Freeview. Why should the BBC be the only ones penalised? Fine, do a means test and if the OAP does not have Sky etc and really needs the free licence, then I don't mind those people having it. Just Pension Credit could mean the person uses the money for Sky subscription. BTW while not 75 I am in my 70's and have been used to paying for other TV viewing, probably since 1989.  There are other things more than a free tv licence that I would prefer, like WFA.

Torson

Thanks for your comments.  I have been receiving pension credit for the three overpayment years.

There is a deliberate reluctance to address this situation anywhere on their website or through contact. 

I was curious if someone has tested getting backpaymen before I begin a small claims process.

I would be owed £159, £159, £169.50 for a total sum of £487.50. Court fees for under £500 are £50, plus £59 if unresolved and goes to a hearing. 

It seems my best option is to write/email to TV licencing advising them of the extra refundable costs to me if I succeed and do they want to settle now, before small claims is considered.

Thoughts please if this is a good way to proceed.

iniltous

TBH , you will almost certainly be wasting your time and money , you say you were unaware of free TV licenses for people 75 years of age and older if they are receiving certain benefits…..this  wasn’t TVL’s oversight but yours , they have no obligation to search out people who fit the criteria , you may say ( and at court your entire argument would be ) Yes my ‘fault’ initially, but now that my error has been discovered (by myself ) I think my error shouldn’t be held against me and TVL should refund my overspend even though it was my error and not theirs in the first place …..I’d suggest the court won’t see it like that , it’s basically caveat emptor , if you bought the wrong thing (the paid for license) when an alternative was available (a free license) that’s your problem, TVL are not obliged to point out your error , they don’t have to check your benefit entitlements and correct your application, that’s your responsibility , and retrospectively correcting your error by refunding you for your error  would  be setting a precedent…TBH the fact they are willing to refund anything at all in my opinion is a win for you .

Torson

Thank you for a very interesting response. I respect your argument is based on pure law. 

There is nothing on the current licence or in their T&C's about over 75's. If it's not visible, how would I be expected to know about it? I don't read newspapers or watch mainstream TV.

 My argument would be that TVL has an obligation to inform customers of updated licence qualification changes. I pay by DD. I receive a yearly email about my licence. No mention of over 75 concessions. Otherwise this situation would not exist for me.

TVL has received error payments of c.£500. I consider it a grey area. Given the circumstances of TVL's non-announcements on concessions, and how easy it is to mention it on the licence or on their website, I would be hoping a judge may see it differently and instruct them make changes. 

I have intially made a complaint to TVL asking for the refund and the possibility of court action. I will post their response on here.

I am sure there are others who may be interested in how this plays out, privately or through small claims. This is why I am asking  for thoughts about it.

You could be completetely right as you appear to have a legal background. But maybe small claim judges see things differently depending on the presented argument.  

Cornucopia

It's certainly worth following up for the price of a letter or email.   Be aware that "TV Licensing" is simply a trading name for the BBC, so it might be worth trying to contact the BBC's Director of Revenue and Customer Management.   

People have also had success in the past with the BBC over Licence matters by contacting their MPs. 

Torson

Cornucopia said:

It's certainly worth following up for the price of a letter or email.   Be aware that "TV Licensing" is simply a trading name for the BBC, so it might be worth trying to contact the BBC's Director of Revenue and Customer Management.   

People have also had success in the past with the BBC over Licence matters by contacting their MPs. 

That’s useful, thank you

iniltous

https://www.tvlicensing.co.uk/check-if-you-need-one/for-your-home/aged-74-and-over-aud3

This took a few seconds to find , admittedly I knew of a concession that TVL are required to make to some people that are 75 and over .

Your argument is that you should have been advised as you approached your 75th birthday, or at a point after ( license renewal for example) ,  I’m sure neither of us know what percentage of license holders over 75 qualify for a free license, if it’s a small percentage, 40% or less (my figure I’ve no idea what would be considered a trigger point ) but if a majority of 75 year olds (and older ) don’t qualify for a free licence then that in itself is an argument against requiring TVL to be responsible for checking applications for people who may qualify but haven’t applied for the concession, in that  the majority of checks will be pointless simply confirming the appropriate one was applied for, so if it’s a reasonableness test , they win that argument, it’s unreasonable to check every over 75 year olds application if the majority don’t qualify, the onus placed on the applicant to apply for the appropriate relief.

I’m not saying not to persue  this , just that the chances of success ( from your point of view ) are slim .