HC Deb 04 July 1951 vol 489 cc2296-7
7. Colonel J. R. H. Hutchison

asked the Postmaster-General whether he will introduce legislation to provide that when a telephone subscriber can show that he has been wrongly charged he shall not be liable to pay the overcharge.

Mr. Ness Edwards

It is a long-standing practice of the Post Office to adjust or waive any telephone charge if there is reasonable doubt as to its accuracy.

Colonel Hutchison

Has the Minister's attention been drawn to a case in Bow County Court and to the remarks of the judge who said, "It does not seem right," when told that a telephone subscriber could not legally refuse to pay for a call wrongly charged to him? Does he agree with the words of the learned judge?

Mr. Ness Edwards

The other facts not taken into consideration are that the defendant did not make a complaint for four months after he received the account and did not even offer a defence when the case was heard in court.

Colonel Gomme-Duncan

Could he have had redress had he done this immediately?

Mr. Ness Edwards

If he had made a complaint that he was being charged wrongly the matter would have been investigated. Unless we satisfied ourselves that the charge was reasonable it would have been waived.

Colonel Hutchison

Does not that leave the position even more unsatisfactory? What kind of trade does the Minister think can be carried on when a man has to be charged for something which he did not legally have?

Mr. Ness Edwards

I am obliged to apply the Regulations of 1936 which were not brought before this House by me.