Reading the news earlier today our eye was drawn to the story of Richard Herman, who successfully forced a telemarketing firm to pay for the time he wasted talking to them.
STOP PRESS: The strategy described in this article has now been used to successfully sue TV Licensing. Read more about that legal success in
our future post, or continue to read the essential background information in this article.
Richard had been pestered by companies saying they could help him claim accident compensation or reclaim money spent on mis-sold payment protection insurance.
Infuriated at having to endure lengthy conversations with ignorant people in far flung call centres, Richard told PPI Claimline that we would charge them a fee for taking any of their subsequent phone calls. He informed them that he would charge £10 per minute the next time they called.
Only a few days later they were back on the phone badgering him into reclaiming money he hadn't actually spent on a PPI policy that didn't even exist. The call lasted 19.5 minutes, so Richard duly sent them an invoice for £195, which they refused to pay.
Not to be beaten Richard decided he would force PPI Claimline's hand by opening a case at the Small Claims Court. Wishing to avoid adverse publicity the company paid up before the case was heard, also reimbursing Richard's £25 court fee.
Richard's case sounded familiar to us. He was being pestered by an organisation he had no legal business with and who refused to stop harassing him however much he pleaded. That description is equally applicable to TV Licensing.
Following Richard's lead we suggest the option that legitimate non-TV viewers adopt the same tactics with TV Licensing's aggressive, menacing and legally unjustified correspondence. It is similar to the "setting out your stall" tactic, which we previously described in
our free ebook. It could be achieved in the following steps:
1. Write to TV Licensing and lay down the law:
In your letter explain that you have no legal need for a TV licence, as you do not use equipment to watch or record TV programme services. As a result of your compliance with the law, TV Licensing has no evidence against your property and is completely unjustified in sending its intimidatory routine correspondence, which you are under no legal obligation to respond to. You consider that TV Licensing's continued unjustified correspondence constitutes harassment.
Should TV Licensing choose to continue its correspondence with you, even though it has no legal justification to do so, you will charge it a fee for the time and inconvenience of having to process its correspondence. TV Licensing is not obliged to continue its correspondence with you, but if it willingly chooses to do so it is accepting liability to pay the relevant processing fee. TV Licensing is free to send one letter acknowledging receipt of these terms, which will be accepted without charging a processing fee.
An example "TV Licensing Terms" letter is available to download from our
Resources page.
2. Wait for TV Licensing to get back in touch then bill them:
As sure as eggs are eggs TV Licensing will be back in touch, at least to acknowledge your earlier letter. Experience tells us that TV Licensing, just like its BBC puppet masters, thinks it can ride roughshod over the law, so it will probably continue its harassment regardless. If that does happen send TV Licensing an invoice for your processing fee, exactly as you said you would.
An example "TV Licensing Invoice" letter is available to download from our
Resources page.
3. Wait for TV Licensing's refusal to pay:
An organisation as arrogant as TV Licensing will not consider your invoice to have any standing, so it will undoubtedly refuse to pay. You can expect it to say something like "TV Licensing won't accept an invoice for time and costs. This is because
you haven't rendered services on our instruction and no agreement
exists between us". TV Licensing is wrong about that. By continuing its legally unjustified correspondence, despite having received your clear terms earlier, it has entered into a contract.
When TV Licensing does refuse to pay you should send it a letter warning that you will proceed to recover the processing fee owed via the Small Claims Court. This letter before action is essential. If you fail to send TV Licensing this final reminder then your case will fail on a technicality, which must be avoided at all costs.
An example "TV Licensing Letter Before Action" is available to download from our
Resources page.
4. Submit the case to the Small Claims Court:
It's still unlikely, but TV Licensing may decide to pay up at this stage. If TV Licensing still refuses to pay, submit your claim to the Small Claims Court exactly as you said you would. It'll cost you a small fee (around £25) to do that, but you don't have anything to lose and you can gleefully imagine TV Licensing's annoyance at your continued effrontery. Even if you are unsuccessful the Small Claims Court will not award costs against you.
Submit a money claim to the Small Claims Court
here.
Please be sure to check TV Licensing's address and enter it carefully on the claim form.
In all likelihood TV Licensing's arrogance will even extend to its handling of your claim, which they will probably ignore and you will win by default. Even if you don't win, you take some consolation from the fact that you will have inconvenienced and annoyed TV Licensing, just as it has done to you over the years. We consider £25 a small amount for wiping the smirk from TV Licensing's face.
Good luck and be sure to let us know how it goes!
Edit (29/10/14): We have made a few minor amendments to this post to reflect recent developments. This strategy has now been successfully used to sue TV Licensing. Please see
this post for more information.