53. LETTER
TO
THE
COMMISSIONER
FROM
RT
HON
JACQUI
SMITH
MP, 5 JULY
2009
Thank you for your letter of 25 June about the above
complaint. You ask that I confirm your summarised understanding
of the case.
In the main your understanding is correct. The one
point of clarification would be that, as I understand it, not
all of the "event" charges made in the eight months
were "namely films".
There were occasions when pay-per-view sport was purchased. I
think a description of "charges
for additional entertainment elements including films and sport"
would be more accurate. Such a description would also echo wording
in the Green Book where it prohibits ACA claims for entertainment.
You ask how event charges could have been included
in the eight months of claims. I am afraid I did not see the supporting
documents setting out the make up of the charges. If I had I hope
that I would have picked up on their unsuitability.
I accept that there should have been no variation
in the amounts claimed had I simply claimed for the basic broadband
Virgin services. Variations month by month were reasonably small,
typically by less than £11. However that there were any
differences should have set alarm bells ringing. I am afraid it
did not.
I have accepted that claims for entertainment are
not allowed against the ACA. I am, of course, sorry that such
claims were made and sorry that they were not picked up by the
Fees Office when they first occurred. It is a matter of great
regret and embarrassment to me that I did not check this element
of my claims in more detail.
Thank you for your time in investigating this matter.
As always, if you require further information I will be happy
to provide it.
5 July 2009
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