Episode 25 Cowboy Trap


Episode 25

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Transcript


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Cowboy builders are on the loose

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and they could be coming to a town near you.

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So many different emotions, continuously.

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From anger to frustration to...

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Helplessness.

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I can't believe how many bodged jobs these so-called "builders" leave behind.

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I just can't hear anything else wrong with this house any more.

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My team and I are here to right the wrongs those cowboy builders have left behind.

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-I don't know what to say.

-Fantastic, eh?

-Very, very good.

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Stick with me and I'll pass on hints and tips in the hope

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it will help prevent you from falling into the Cowboy Trap.

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On today's Cowboy Trap, we're in Devon to meet a couple

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whose builder promised to extend their bungalow for a special discount price.

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But they learned the hard way.

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The only thing that came cheap were his broken promises.

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If I met him tomorrow what would I want to say to him?

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Er, I don't...

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Probably think of half a dozen things, but I don't think

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I'd be able to get all of them out into one sensible question.

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The builder went on a demolition derby with their home and their dreams, but they were lucky

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he didn't kill them while he was about it.

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In the fuse box, you've got the coppers

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that all the live wires come into.

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All of those were exposed and had we gone and touched any one of them.

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Well, it just doesn't even bear thinking about.

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We're in Newton Abbot, Devon.

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Rachel and Simon Ballamy have been married 11 years.

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Rachel works as a paralegal and Simon a mobility adviser.

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Three years ago, they found just the home they were looking for, for them and their dogs, Alfie and Molly.

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The unmodernised bungalow had been owned by the same family since it was built in the 1930s.

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They knew right away they could transform it into the perfect home for them.

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It had a really lovely-size garden and you could see a potential in

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what the garden could look like and then a potential with the house to make it into a lovely home.

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-And it had stayed in the same family, hadn't it?

-Mm.

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It had stayed in the same family, I believe, since when it was built.

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It had just been passed through the generations and you could really feel that.

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Rachel and Simon had found their perfect home to make their dreams come true

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and there was plenty of land for the dogs.

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Rachel and Simon planned to extend the bungalow from two bedrooms

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to a four-bedroom house with two extra bathrooms, a new kitchen and utility room.

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Outside, they would flatten out the long sloping garden

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by creating a huge deck area across the back of the house.

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The reason they wanted all the extra space was to become a family.

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Their own attempts to have children hadn't worked out,

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but now they planned to apply to become foster parents.

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After a few years of fertility treatment, I think we now can't have children.

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We just decided that we were at the right time, I think, in our lives.

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You know, kids, if they're being fostered, are being fostered for a reason and usually it is because

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they're going through turmoil at home.

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Just be nice, if they had to be plucked out of their own homes, that they could be put into a home

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that is quite welcoming and normal.

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As normal as we'll ever be anyway!

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Rachel and Simon hoped their plans to create a large family home

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would help their application to become foster parents.

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We sort of designed it around

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the principles to help to foster kids, so they would have their own area, we'll have our area.

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We'll have family areas as well.

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To do the process and the lady come round and say, "Yes, you're perfect candidates.

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"As soon as you get your house built, the red tape will be done

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"and you can have some foster children".

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It took a year for the council to grant planning consent for the extensive changes to the bungalow,

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so they had plenty of time to look for a builder.

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The builder they liked best had lots of exciting ideas.

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Even better, he promised to do the job at a discount to help Rachel and Simon realise their dream

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of becoming foster parents.

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From a money side of things, we were only going to pay 10% above the materials

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and the labour would be near enough at cost,

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so from a quote point of view, it was always going to come in below everybody else.

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Rachel and Simon thought their builder was doing them a favour by pricing the job cheap.

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As they discovered, the only thing that comes at a discount is demolition.

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They were brilliant at demolishing things,

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but when it came to putting back stuff... Taking the roof off, for example.

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-Done in two days, wasn't it?

-Yeah.

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But the roof was off for six weeks, six-to-eight weeks.

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Knocking down the walls, well, that's easy.

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They got a jack hammer in and there was dust flying everywhere.

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All the ceilings were coming down, windows were being pushed out and that was great.

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They were having a whale of a time.

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But nothing was being put back in.

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The walls came down, the floors came up and the roof came off.

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All at alarming speed. The once lovely garden filled with rubble.

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Rachel watched their dream home crumble,

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but she was desperate to believe the builder had a solid plan.

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I would see them daily, literally every day,

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asking what they were supposed to be doing today.

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At the time, I took what they were saying as read,

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because then Simon would come home from work and it would be like, "What have they done today?"

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And at one point, I was almost justifying what they had or hadn't done,

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because it just seemed quite natural.

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But we got to the point where we were scared not to pay him.

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Because we were so far behind schedule, we thought, "Well,

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if we don't pay him, and there were no materials on site, he would say, "I'm behind schedule.

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"You've not paid me." We didn't want to be the ones at fault.

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Rachel and Simon had agreed to pay the builder every two weeks, no matter how much work he did.

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So when work slowed down, they were worried, but he always had a ready excuse.

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He kept promising as well.

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We'd have the conversations and he'd have the chat with us and he would make it sound very good.

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He was very much of a charmer from that point of view

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and he made it very believable what was going to happen, what is happening

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and every time we did have a good chat with him, things would happen for a week or so.

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So all of a sudden your confidence was back, things started to happen and then it would just lapse again.

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The builder was drip feeding them stories, while Rachel and Simon were flooding him with their cash.

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We had one conversation with him, he told us to go out choosing taps.

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"Go and choose your taps in your bathrooms. " So we did.

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And then, what's the point?

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Cos we had no rooms to put them in.

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But it's laughable now when you think about it.

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Rachel and Simon did sign a contract with their builder, but the contract was in his favour.

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He received £10,000 to start the job.

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Then he would get another £5,000 every two weeks throughout the four-month build.

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Take my tip.

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But don't agree to time-staged payments

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which become due on regular dates.

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Make sure the contract states...

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Rachel and Simon's build quickly fell massively behind schedule.

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There were young labourers on site, but few skilled trades

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and they rarely had any materials to work with.

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They were nice lads, but they didn't seem to know what they were doing.

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It was taking three of them to do a single job.

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They also never had any materials, did they?

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You'd sort of be thinking, "Well, what are they going to do?"

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Cos there was nothing there for them to use.

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All of a sudden you'd have a batch of materials, a bit of work would get done

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and then you'd only have one guy here, or two guys here,

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and all of a sudden there would be a little bit of a surge of work

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and then it would all fall back and then you wouldn't see anyone for a couple of days.

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That's how it sort of went along, wasn't it?

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For three years, Rachel and Simon had been planning a tenth anniversary

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second honeymoon to Florida and Jamaica to renew their wedding vows.

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Now the builder made a promise of his own.

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While they were away for the month, he would transform the project.

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The idea behind that was to renew our wedding vows. It was ten years.

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The idea, when we're away, the house was going to be first fixed when we got back.

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-So the roof would be on...

-Ground floor first fix.

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The ground floor would all be done. Electrics, plastering.

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We had no contact from him while we were away.

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He had all our contact details where we were staying, e-mail addresses, all of it. We were very organised.

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-Every single thing.

-We heard nothing for the first couple of weeks and thought everything was fine.

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Rachel and Simon thought the builder's silence was a good sign,

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because their best friend was staying in the house to look after the dogs.

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Unbeknownst to them, Russell didn't like what he saw at all.

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They started turning up about 9.30,

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going at 3.30, 4pm and then they got less and less.

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We had scaffold planks from the lounge to the toilet, no flooring, no kitchen, no roof on.

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I'd have liked to have told them, but I wouldn't ruin their holiday.

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Both sets of parents joined the couple for the first leg of their special trip,

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but they were in for a shock when they got home!

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We came back after the two weeks and dropped in

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to look at the property before we went home

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and absolutely nothing had been done.

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Hardly anything had happened.

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It almost seemed exactly the same.

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Rachel's stepdad decided not to phone Simon and Rachel. He phoned the builder instead.

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The builder, in turn, promised immediate action.

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So on Simon and Rachel's behalf, rather than worry them whilst they were still on holiday,

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I contacted the builder myself, who promised me that there had been problems with sickness

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as far as his workers were concerned and that was the reason for the delay,

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but he would get onto it straight away.

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And true to his word, the builder did act.

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He sent round one of his men to show everyone just who was in charge.

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He came in on the Monday morning, took the toilet in the bathroom out and just disappeared,

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left us with no running water, no toilet or anything like that.

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Unfortunately, I had to let Simon and Rachel know then, which her mum did.

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She contacted them.

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It was the phone call Rachel and Simon dreaded.

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The news completely ruined the last two weeks of their second honeymoon.

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-The two weeks after that were just...

-Just horrible.

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..disjointed, wasn't it, really?

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Cos you got so fed up with me being on the phone to try and sort it out.

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And we were cycling the Blue Mountain, weren't we?

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And Simon took a photo of while I'm on the phone, leaving yet another message to say, "Please, ring us.

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"Don't ruin this holiday for us. Just ring us and let us know what's happening".

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Despite the early warning, the couple were completely unprepared

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for what they saw when they got home.

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When we get back,

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I think there was about 20 tiles on the roof in one little corner

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at the front of the house, tarpaulin still over the whole of the roof.

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We've walked in.

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There was still no floors going towards the bathroom.

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Some of the walls had been plastered, I think.

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Yeah, he'd ripped one floor up that we'd agreed not to.

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That was to...

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-Stay.

-..stay as it was. The kitchen...

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I walked straight into the kitchen and I went into a state of almost shock.

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I said to Simon, "The kitchen's not going to fit in. The door's in the wrong place".

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The builder quoted £50,000 to transform the unmodernised two-bedroom bungalow

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into a four-bedroomed house with new kitchen, bathrooms and remodelled garden.

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By the time they came home, they had paid £45,000.

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They had no water, no electricity, no roof, no floors, no kitchen and no outside deck.

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They were devastated.

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Almost all the money spent, they wondered how they would ever

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fulfil the dream of opening their arms to foster children.

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This is our decking, which is, well, not a decking.

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Basically, the framework's gone up

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and that's about it. We sort of put two chairs on a plank of wood

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and that's about where we can sit, but it's not a pleasant place to sit at the moment

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and it's really where we want to be sat most evenings.

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But, at this point, it's a useless bit of framework stuck on the back of our house at the moment.

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Not something to enjoy.

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Coming up, our independent inspector gives his verdict on the job.

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So the electrics... very poor, very dangerous. There's potential for shock

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or fire there and, obviously, an electric shock has potential to kill.

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We're in Devon with Rachel and Simon Ballamy.

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Their hopes of becoming foster parents have been dashed by a builder

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who promised them a discount extension, but delivered them a demolition job.

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Instead of a safe haven for foster children, Rachel and Simon's plans

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for an extension had turned their home into a dangerous building site.

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Time for me to meet them and find out more.

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Hi. Rachel, Simon. Hi, I'm Clive. How are you?

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Hi. I'm fine, thank you.

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-Problems with cowboy builders?

-Yes.

-Yes.

-Can I come in?

-Course you can.

-Great. Thank you.

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It's a year since the Ballamys' builder left.

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They've had to pay other builders to make the property safe, but their home still bears the cowboys' scars.

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Just mind your head on there, OK?

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Wow, it's Munchkinland.

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Right, so this is probably the last room, really, which we need to sort of do.

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We've sort of forgotten about this.

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Got to do the floor inside the wet room, so we can get the height ready for the drainage.

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That's still got to be done.

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There's still a few electrical bits and pieces we need to be finished off.

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The plumber then has to finish off with the bath, doing all the side panels and, basically,

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the last bits of plumbing in here.

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Was building control ever invited?

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Yeah, they came through two or three times.

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And when the second set of builders came in, they came back in and gave them

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-a long list of jobs which were needed to do.

-OK.

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-Supporting the roof, which wasn't supported in certain areas.

-Wow!

-Yeah.

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The new builders have made the roof and the electrics safe inside,

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but outside the couple have only been able to afford the structural work, not the cosmetic.

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Right, so what we've got here is, we moved the door forward to allow us a little bit more hall space.

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And if you took the lintels away, which the second set of builders put in, that's basically as it was left.

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-With no lintel?

-No lintel. Exposed.

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Little bits of wood just holding the original frame in. That was it.

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Now, I have to say, not only are they putting themselves in danger, but they're putting you in danger

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and this is the real problem here, that they didn't do that. It's unbelievable.

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The huge expense of making their home safe and getting the house

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back to this level has taken a year and it's cost them another £42,000.

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I've got to be honest with you, Simon, some of this render is appalling. If you just tap it...

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-HOLLOW TAPS

-It sounds hollow.

-It does.

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A couple of winters, any moisture getting in behind there, freezing hot, it's going to blow out.

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This is going to drop off in huge chunks.

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-This is what it should sound like.

-SOLID TAPS

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-Nice and solid.

-OK.

-You have to do the tap test all around.

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There might be certain sections you need to just chunk out and redo, rather than take the lot off.

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But I'm telling you now, all that has got to come off.

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-Is that why it's cracking?

-It's cracking.

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I mean, again, where it's cracking, you'll understand that any moisture now is going to travel through that.

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It's going to ingress in behind it.

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Once that freezes, bang, it's off.

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-Fine.

-Absolute waste of space.

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So you're going to need to definitely sort that out.

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-I'd rather see that done before the winter.

-Fine.

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What is left to be done, Simon?

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-From what you've just explained, we've still got some rendering to be done.

-Yep.

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There's still bits and pieces which need to be done here, or this needs to be painted or redone.

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There's little holes and so forth that we need to sort out.

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The whole of the decking needs to be done.

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And from our point of view, obviously, the garden because, obviously, that was ruined.

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We need to, obviously, make a garden that we can sit in.

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OK, brilliant. But I think there's lots of remediate work to be done

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and, financially as well, it's going to cost you a few pennies.

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Well, if it's going to save the house, it needs to be done.

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For sure.

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Simon has even turned builder himself to try and get the house ready,

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so he and Rachel's home can be approved to welcome foster kids.

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But saddled with unexpected debts, they have run out of funds.

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I wonder if perhaps there is something we can do

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to make the garden safe and take them one step closer to their dream.

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In the short space of time that we are here, OK,

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what is it that we can do for you?

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What could we do for you that would turn things around a little?

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Internally, I think we're there.

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We've done the hard work there.

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What's left, obviously, is we've concentrated inside and we've not done anything outside whatsoever.

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The decking was left...

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-Well...

-Framework.

-It was a frame, it wasn't decking.

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So it was unstable, we had a couple of boards on it and the garden

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was just left in piles of rubble which had come from the foundations.

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So, of course, from our point of view, from our dogs' point of view,

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and when we do foster, we want a garden.

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-You want a garden and you want the decking sorted out?

-Yeah.

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OK. I tell you what, here's a deal, right.

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In that short space of time, we'll sort out your decking, all right?

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And we'll sort out your garden, OK?

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And, hopefully, that will give you that little bit of push

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to get that little bit further to get those foster children in here.

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It's going to be a big job to make this huge deck safe and secure.

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Because of the steep slope of the garden, it provide essential access at the back of the house.

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There is no way Rachel and Simon could foster children with unsafe decking and a garden that's a tip.

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I think they need a big pair of helping hands.

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Time to bring on the good guys!

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Before we get to work transforming that dangerous decking and building site into a garden,

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I want independent chartered surveyor Stephen Turnham

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to cast his expert eye over the bad-builder evidence.

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Overall, from the photographs I've seen, I've seen worse.

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I've obviously seen better.

0:19:050:19:06

The main thing is that they left before they finished the job.

0:19:060:19:10

The actual construction of the deck is fine, to be fair.

0:19:100:19:14

It's completely unfinished, though.

0:19:140:19:17

The electrics is a completely different issue.

0:19:170:19:19

Very poor, very dangerous. Assuming they were left as the electrician's report,

0:19:190:19:24

there was potential for shock or fire there and, obviously, an electric shock has potential to kill.

0:19:240:19:29

The electrics have been made safe now,

0:19:290:19:31

but after looking at the evidence, what score does the Ballamys' builder deserve for this job?

0:19:310:19:37

For the building overall I guess around six out of ten in that it's,

0:19:370:19:42

from what I've seen and from the photographs, round about 60% complete,

0:19:420:19:45

but for the electrics, they were downright dangerous and for that

0:19:450:19:49

it would be zero out of ten or a negative.

0:19:490:19:52

Six out of ten for the building work and zero out of ten for the electrics. That's a shocking result!

0:19:520:19:59

Coming up, I discover there was a big warning bell on this build,

0:19:590:20:03

but it didn't save the couple from disaster.

0:20:030:20:07

I thought, "You could be an unscrupulous builder, for all I know, coming and knocking on the door

0:20:070:20:11

"to try and make me feel bad about my current builder".

0:20:110:20:14

We're in Newton Abbot, Devon, helping Rachel and Simon Ballamy.

0:20:170:20:21

Their builder was hired to transform an unmodernised two-bedroom bungalow

0:20:210:20:25

into a four-bedroom house with new bathrooms and kitchen.

0:20:250:20:28

He promised a discount job, so that the deserving couple

0:20:280:20:32

could fulfil their dream of welcoming foster children into their home.

0:20:320:20:37

But his team went on a demolition derby.

0:20:370:20:40

A year later, the couple have almost made the house safe.

0:20:400:20:44

Friends have helped do lots of the work,

0:20:440:20:46

but we're helping with the final push, making the deck secure and removing the rubble from the garden.

0:20:460:20:52

Matt is leading our team today.

0:20:520:20:54

I'm hoping he can salvage some of the structure for the new deck,

0:20:540:20:57

which we're going to build right across the back of the house.

0:20:570:21:02

It's in a pretty bad state.

0:21:020:21:03

Luckily, the framework is good.

0:21:030:21:05

The priority is, obviously, getting the framework up to scratch, getting the levels correct

0:21:050:21:11

and making sure everything's ready to go structural-wise and then we'll bolt from there.

0:21:110:21:16

This is a big deck, so we've got the professionals in,

0:21:160:21:20

but don't be deterred from realising your own decking desires.

0:21:200:21:24

Now decking is a suitable project for DIY, but here are my top tips to keep you safe.

0:21:240:21:31

Only lay your deck boards once you've got a strong structure.

0:21:310:21:35

Choose the right materials for the job.

0:21:350:21:38

Remember, decking is not maintenance-free.

0:21:380:21:41

You need to pressure wash it and treat it every year or so.

0:21:410:21:44

Remember, safety first.

0:21:440:21:47

Well-designed handrails and steps are vital.

0:21:470:21:50

While the good guys get stuck in making this deck safe and secure,

0:21:500:21:54

I want to track back with Rachel and Simon and find out why their builder offered them a discount job.

0:21:540:22:00

We'd invited three... I think it was three or four builders to...

0:22:000:22:04

So we could sit and have a chat with them.

0:22:040:22:08

-Where did you find them?

-Erm, every single one of them actually came through recommendation.

0:22:080:22:14

-Yeah.

-Ooh!

-Every single one of them.

0:22:140:22:16

-Even the guy that you had...

-That's the difference.

-That's the difference. Now...

0:22:160:22:22

-OK. Whoa, whoa, whoa.

-Yeah. He didn't come recommended. I knew him from my old workplace.

0:22:220:22:27

He'd been into my workplace over the last seven years, so I'd built up a relationship and friendship with him

0:22:270:22:35

and his partner over this sort of period of time. So...

0:22:350:22:42

-Your previously work was selling top-class cars?

-It was, yes.

0:22:420:22:45

-OK. So you've got to earn a few quid to order one of them?

-Yeah.

-True. Yeah, very much so.

0:22:450:22:52

So, obviously, them coming in, having chats with them and slowly but surely him saying,

0:22:520:22:57

-"Well, I'm in the building trade".

-Simon felt that he knew him fairly well

0:22:570:23:02

and so we actually trusted him, over any of the other builders that we saw, to a certain extent.

0:23:020:23:08

-Yeah, the guard came down.

-Completely dropped.

0:23:080:23:12

Very soon after work started, Rachel got a surprise visit from a disgruntled builder.

0:23:120:23:18

He warned her to be very wary of the man

0:23:180:23:20

she'd already paid to extend their home.

0:23:200:23:23

He had seen the building company's sort of advertising plaque out the front.

0:23:230:23:29

Ooh, they even advertised.

0:23:290:23:31

Yeah, yeah! He told me a story that had happened to him.

0:23:310:23:36

I didn't know whether to take him seriously at first or not, because I thought, "Well, you could be

0:23:360:23:41

"a unscrupulous builder for all I know coming and knocking on the door to try make me feel bad

0:23:410:23:45

"about my current builder".

0:23:450:23:47

Anyway, he told me what had happened to him and he said,

0:23:470:23:49

"If you don't believe me, this is my solicitor's name and number."

0:23:490:23:54

Then, obviously, huge alarm bells going off in my ears now.

0:23:540:23:57

Rachel was unnerved by her visitor's warning, so she plucked up the courage to talk to her builder

0:23:570:24:03

about what she'd been told.

0:24:030:24:05

He gave me the most plausible explanation back and that was that

0:24:050:24:09

Mr Jones was a subcontractor and that he'd had a falling out with Mr Jones on a subcontracting basis.

0:24:090:24:15

We talked about it and I ended up...

0:24:150:24:17

Well, I say I ended up believing the builder.

0:24:170:24:21

Even to this day, I still have that scrap of paper that Trevor gave me with the name and the numbers on.

0:24:210:24:26

So there was obviously something that just made me think.

0:24:260:24:28

Rachel did the right thing when she asked her builder to explain.

0:24:280:24:32

But if she'd gone and spoken to the builder's customer, she would have heard a very different story.

0:24:320:24:37

Take my tip...

0:24:370:24:39

Much better to check out a builder's references before hiring him.

0:24:440:24:48

But you know what they say, better late than never.

0:24:480:24:52

The disgruntled builder turned out to be a good Samaritan, but his warning had come too late.

0:24:530:24:59

He learned the truth about the cowboy the hard way.

0:24:590:25:02

The sign board was up saying this company

0:25:020:25:06

and I thought, "Well, this is odd,

0:25:060:25:08

"cos I'd heard that he had gone into receivership. "

0:25:080:25:11

I knocked on the door and she, Rachel, had told me then exactly

0:25:130:25:19

what was happening here and how much money she had paid for this so-called "extension".

0:25:190:25:26

And I knew, just by experience, that she certainly did not have her money's worth at that time.

0:25:260:25:32

The Samaritan builder took the cowboy to court,

0:25:320:25:35

but he still hasn't seen a single penny of his £8,000 unpaid bill.

0:25:350:25:41

It was huge at the time, cos we were only a small company,

0:25:410:25:46

and to have over £8,000 outstanding is a lot of money to us.

0:25:460:25:51

We still have to pay our tradesmen.

0:25:510:25:54

We have to pay our merchants and that made an awful lot of difference,

0:25:540:25:58

cos trading is quite hard at this moment in time and it has been for the last few years.

0:25:580:26:05

And it made it extremely difficult for myself and the partners of the company.

0:26:050:26:11

Coming up, Rachel takes her builder to court, but the judge has some sage advice.

0:26:110:26:18

And her last words to us were, effectively, "You've done the easy part of getting it to this stage.

0:26:180:26:24

The hard part is now" getting the money".

0:26:240:26:27

We're in Devon helping couple Rachel and Simon Ballamy.

0:26:270:26:32

Their plan was to extend their two-bedroom bungalow

0:26:320:26:34

into a four-bedroom house, so they could welcome in foster children.

0:26:340:26:38

Simon's previous job was at a luxury-car dealership.

0:26:380:26:42

The builder was a customer who owned two of the posh cars.

0:26:420:26:45

He promised Simon a discount job, but take my advice.

0:26:450:26:49

Beware of builders who turn up in flashy cars offering discounts.

0:26:490:26:53

Stop and ask yourself, "Who's paying for that?"

0:26:530:26:57

The flashy builder with the smart car left the job dangerous and the property half demolished.

0:26:570:27:04

Over the last 12 months, Rachel and Simon have hired new builders to make the inside of the house safe.

0:27:040:27:09

Now we're playing our part outside to clear the rubble, lay turf

0:27:090:27:14

and complete the deck along the back of the house.

0:27:140:27:17

Their builder said he would get the job done while Rachel and Simon

0:27:170:27:20

were away on their second honeymoon, but he barely did anything.

0:27:200:27:25

When they got back, they asked him to explain.

0:27:250:27:28

He demanded more money.

0:27:280:27:31

The final meeting was him sort of saying, "OK, well, there's still

0:27:310:27:35

"money outstanding from the extras."

0:27:350:27:37

And we went down this list and all but three of the extras hadn't even been started, let alone finished.

0:27:370:27:43

Most of the extras didn't have an amount by them

0:27:430:27:45

and it was only three of them that we actually agreed had been done.

0:27:450:27:49

We'd already paid for things which hadn't been done already,

0:27:490:27:52

which was quite amicable. You know, it wasn't heated from that point of view.

0:27:520:27:56

And then, at that point, I turned round to him and said, "Also I'd like some receipts."

0:27:560:28:02

And he got really, really angry then.

0:28:020:28:05

He went like a sky rocket and I got a bit scared.

0:28:050:28:08

Just started cussing and swearing.

0:28:080:28:11

Just, basically, swung the front door open, swearing as we went out the front door.

0:28:110:28:16

He wheel-spun away from the property.

0:28:160:28:18

Rachel and Simon had paid their builder all but £4,000 of his £50,000 bill.

0:28:180:28:26

They made the mistake of making payments every two weeks, regardless how much work he had done.

0:28:260:28:31

Now with the builder and their money gone, Simon was about to have to turn builder himself.

0:28:310:28:37

Did some tiling, so the bathrooms. I had a friend who came and helped.

0:28:370:28:42

He used to be a handyman, so he came and helped and guided.

0:28:420:28:46

And then just tried to do things like the skirting boards, the coving around the tops and bought

0:28:460:28:51

the bits where I didn't have to cut bits out and then just decorating.

0:28:510:28:55

So it was really sort of the simplistic DIY stuff. That's what I did.

0:28:550:28:58

Simon did what he could while Rachel put to use the skills she learned at work as a paralegal.

0:28:580:29:05

She decided to take the builder to court to reclaim the £42,000

0:29:050:29:10

they had to spend on new builders to put right all the mistakes.

0:29:100:29:14

Our claim was not for the money that we'd paid the builder.

0:29:140:29:18

Our claim was for the money that we'd paid the new builders to put right what he'd done

0:29:180:29:22

and to complete the job.

0:29:220:29:23

I kept receipts for everything, even £1 bags of, I don't know, plaster dust or whatever it is.

0:29:230:29:31

I kept receipts. Everything was fully receipted.

0:29:310:29:34

We wrote to him saying, "Right, we've sent you our paperwork.

0:29:340:29:38

"You're supposed to reciprocate and send us the paperwork that you intend to use to defend the claim."

0:29:380:29:45

We didn't hear anything from him whatsoever.

0:29:450:29:49

We then, at that stage, went and spoke to a solicitors just to clarify the situation that we were in.

0:29:490:29:55

He turned round and looked through our paperwork and said, "Well, there isn't anything

0:29:550:30:00

"that I could have done differently to what you've done.

0:30:000:30:02

"You're more than capable of doing this at a hearing,

0:30:020:30:04

"but do you know you can go for what's called a summary judgment?

0:30:040:30:07

"Because although he has said he will be defending his claim, actually he has no defence to the claim

0:30:070:30:13

"because he hasn't submitted anything and there is no defensible argument to what he's done. "

0:30:130:30:18

So on that advice, we then wrote to the court and said,

0:30:180:30:22

"We want to apply to the court for what's called summary judgment."

0:30:220:30:26

They agreed. They set a hearing date. We had to go to the hearing.

0:30:260:30:30

We represented ourselves.

0:30:300:30:32

-We took everything that we were due to take.

-This was read in judges' chambers?

0:30:320:30:35

Yes, and the builder was expected to be there. He didn't turn up.

0:30:350:30:40

Basically, the judge asked us to demonstrate the contract, demonstrate proof of payment.

0:30:400:30:44

He could have the money that I'd paid him.

0:30:440:30:48

I wanted the money that I'd paid somebody else to put right what he'd done.

0:30:480:30:51

-Yep.

-He didn't turn up.

0:30:510:30:53

The judge read through all the information that we'd given and the hundreds of individual receipts

0:30:530:30:59

that we'd kept, letters for the new builders confirming what they'd had to do to put right.

0:30:590:31:04

She read all of that and then, when she turned round and viewed the photos, she said,

0:31:040:31:09

"I don't need to see any more. "

0:31:090:31:11

And she awarded in our favour.

0:31:110:31:13

And her last words to us were, effectively,

0:31:130:31:16

"You've done the easy part of getting it to this stage. The hard part is now getting the money from him."

0:31:160:31:21

And that has proved to be the case.

0:31:210:31:24

Going to court should always be the last resort.

0:31:250:31:28

Always consider very carefully what your chances of success are.

0:31:280:31:33

Here are Clive's five top tips on how to take your builder to court.

0:31:330:31:37

The court expects you to try and resolve your dispute

0:31:370:31:40

and they may penalise you if you don't.

0:31:400:31:43

Recommended methods are...

0:31:430:31:45

You can get free advice from the Citizens' Advice Bureau.

0:31:490:31:52

Know exactly what you want from your builders and give them a chance to respond.

0:31:520:31:58

Consider very carefully what you want your builder to do

0:31:580:32:01

and what you're likely to get.

0:32:010:32:04

Build up your own body of evidence.

0:32:080:32:11

Check your insurance. It may cover your legal costs.

0:32:220:32:26

You can present your own case to the county court.

0:32:260:32:30

This can be costly.

0:32:370:32:40

Be realistic about what the judge can do.

0:32:400:32:43

You may also have to hire bailiffs.

0:32:500:32:52

Don't bank on a successful verdict.

0:32:520:32:56

There are plenty of homeowners who have won their case

0:32:560:32:59

but never seen a penny back from the builder.

0:32:590:33:01

Rachel and Simon won their country court judgment but their cowboy doesn't respect the law.

0:33:010:33:08

-I was outraged, decided to give him a call.

-I decided to call him.

0:33:080:33:15

And from what I can understand, from what Rach told me,

0:33:150:33:18

she spoke with the builder first of all, who was apparently quite accommodating,

0:33:180:33:22

but quickly had the phone taken off him by his partner.

0:33:220:33:26

She came on the phone and basically laughed.

0:33:260:33:29

-Yeah.

-And said, "You're not going to get a penny out of us.

0:33:290:33:32

"You're not going to get anything out of us. You need to be talking to the liquidator".

0:33:320:33:37

He'd tried to liquidate the firm and her words to me were, "Yes, I know the judgment.

0:33:370:33:43

"I know it was found in your favour, but the courts can do what the hell they like.

0:33:430:33:47

"We don't care what the courts say. "

0:33:470:33:49

She had no respect for the court or the judgment of the judge.

0:33:490:33:52

"I don't care what you try and do..."

0:33:520:33:55

And it will always stick in mind.

0:33:550:33:56

She laughed and went, "You can't touch us!".

0:33:560:33:59

Coming up, what would Rachel like to say to the builder now?

0:33:590:34:04

Am I likely to see any of the cash back and how does he sleep at night?

0:34:040:34:11

In Devon,

0:34:110:34:14

we're helping Rachel and Simon Ballamy put their bad builder behind them.

0:34:140:34:18

They need their home to be safe and secure so they can become foster parents.

0:34:180:34:23

They've had in new builders to make good most of the damage inside, so our team has been busy outside

0:34:230:34:29

completing the half-built decking and clearing the garden.

0:34:290:34:33

The team are doing a great job. Some agricultural students from the local college

0:34:330:34:37

where Rachel and Simon first met have volunteered to rotavate the ground and lay the turf.

0:34:370:34:43

While the good guys get on, it's time for this cowboy to account for himself.

0:34:430:34:47

You know, I can't understand how Rachel and Simon's builder

0:34:470:34:52

could leave them in such a mess and why he didn't come clean.

0:34:520:34:55

It's time to give him a call and find out what he's got to say for himself.

0:34:550:35:00

When was the last time you had any dialogue with your builder? Can you remember? Months, weeks?

0:35:000:35:04

It was two weeks after the court judgment.

0:35:040:35:07

I rang him to try and negotiate when we would receive settlement

0:35:070:35:14

for the judgment and it was a short, very sweet conversation. Well, not so sweet, actually, conversation.

0:35:140:35:20

OK. It might have been a bit of sweet and a lot of bitter.

0:35:200:35:23

Yeah, I think so.

0:35:230:35:25

If you had the opportunity to speak to him on the phone, what would you like to ask him?

0:35:250:35:30

Why he did what he did, knowing the reasons why we'd done the build?

0:35:300:35:34

Am I likely to see any of the cash back and how does he sleep at night?

0:35:340:35:41

OK.

0:35:410:35:43

I'm going to give you that opportunity to make a phone call,

0:35:430:35:48

if you want to take that opportunity.

0:35:480:35:50

-I'd like you to ring him.

-You'd like me to ring him? OK.

-Yeah. Two reasons.

0:35:520:35:56

One, I think if he heard my voice, he'd just put the phone down.

0:35:560:35:59

-And two, I don't think, emotionally, I'm strong enough to speak to him.

-No, I can understand that.

0:35:590:36:04

All right. OK.

0:36:040:36:07

If you just sit tight, I'm going to put it on speaker phone anyway,

0:36:070:36:10

so you can hear what he's got to say.

0:36:100:36:12

-Even if something he says annoys you, stay calm, OK?

-Yep.

0:36:120:36:16

So here goes.

0:36:160:36:17

Let's have a go.

0:36:170:36:20

PHONE RINGS

0:36:230:36:25

Well, I'm hoping he's got an answerphone.

0:36:270:36:29

Yeah. He did all the time before.

0:36:290:36:32

Has he switched his answerphone off?

0:36:320:36:35

He's got stepsons in that house. Someone's got to be there.

0:36:350:36:38

-So they're saying, "Don't answer the phone whatever goes down"?

-Yeah.

0:36:380:36:43

-So we're getting under their skin. They're not answering the phone.

-Yeah, that's right.

0:36:430:36:47

-Just one more for luck.

-PHONE RINGS ONCE

0:36:470:36:50

-No.

-Nah.

-He's a coward.

0:36:500:36:52

Yeah, you got it spot on.

0:36:520:36:55

Cowboy builders, coward and they do not care.

0:36:550:36:59

-But as for whether they sleep well at night? Oh, yes, they do.

-Yeah.

-OK, look.

0:36:590:37:04

Let's, fingers crossed, one day, he, along with every other cowboy builder, gets his comeuppance.

0:37:040:37:11

And if I can stop somebody else being hit, then so much the better.

0:37:110:37:15

This builder cost Rachel and Simon dear when he promised to do the job at a discount.

0:37:150:37:20

They paid almost all of his £50, 000 bill and then their new builders

0:37:200:37:26

another £42,000 to put right all his mistakes and finish the job.

0:37:260:37:30

I'm glad we've got the good guys here to help get the garden safe for them.

0:37:300:37:35

Eh, all hands on decking!

0:37:350:37:37

This is what I'm enjoying.

0:37:370:37:39

This job looks fantastic, Matt, I've got to be honest with you.

0:37:390:37:42

-Not too bad.

-Tell us what you've done and what you've still got to do.

0:37:420:37:46

Yeah, sure. Well, what we've done is, the original framework was good, the post, etc, the concreting.

0:37:460:37:52

So we were good to go off from that, so that got passed.

0:37:520:37:55

So we've clad it with 32mm deck boards, newel posts,

0:37:550:38:00

the balustrading coming through off the fence that Stuart's finishing off.

0:38:000:38:04

So that's all good. Went in lovely.

0:38:040:38:06

The stringers are in now for the steps.

0:38:060:38:09

We're just finishing boxing them off with feather edge

0:38:090:38:12

and the void from the decking has been clad with feather edge.

0:38:120:38:15

We're loving that. It looks great.

0:38:150:38:17

It looks nice and strong. A real showpiece to where the garden is.

0:38:170:38:21

-And it's a great entrance and exit to the property, too.

-Yeah, definitely.

0:38:210:38:25

So, in terms of time, how long's it took you and how long have you got left?

0:38:250:38:29

In total, we've done six days.

0:38:290:38:32

We've got about half a day to finish and, obviously, tidy up, which,

0:38:320:38:35

obviously, is a key thing at the end of any job. Get it nice and tidy.

0:38:350:38:39

-So if you say between six to seven days from start to finish.

-Yep.

0:38:390:38:42

Job's a good 'un.

0:38:420:38:44

Brilliant. I always enjoy a Matt finish!

0:38:440:38:46

-Well, played, son.

-Top man.

-Great job.

-Well done.

0:38:460:38:49

Coming up, I can't wait to see Rachel and Simon's reaction when I show them their fabulous new deck.

0:38:490:38:56

Our garden.

0:38:560:38:58

Our job is almost done in Newton Abbot, Devon.

0:39:010:39:04

Rachel and Simon are a step nearer achieving their dream of becoming foster parents.

0:39:040:39:09

Their builder promised them a discount job,

0:39:090:39:12

but when they let him work on their home, they paid a heavy price.

0:39:120:39:15

We've been lending a helping hand to make their garden safe for children.

0:39:150:39:19

This is my favourite bit.

0:39:190:39:21

We go through all that angst and all of those problems, but the good guys are out there.

0:39:210:39:28

But before all that, I would like to know what

0:39:280:39:32

you think you've learned from having a cowboy builder in your property.

0:39:320:39:36

First thing, run it like a business. Do it with your head and not your heart, without a doubt.

0:39:360:39:42

Don't go for the dream, go for the reality.

0:39:420:39:45

-Yes. Critical.

-And I think as well, rather than do timed-staged payments, do it, effectively, room by room.

0:39:450:39:52

So you complete one stage, you get paid.

0:39:520:39:54

You complete the next... Not time payments.

0:39:540:39:56

-OK.

-Cos the time slips away and that's where we fell foul.

-Yep.

0:39:560:39:59

OK. Well, there's a couple of lessons learned.

0:39:590:40:01

Now, here's the bit.

0:40:010:40:03

What are you hoping we've done for you?

0:40:030:40:07

Well, we're hoping that we've got a garden so I can mow it.

0:40:070:40:11

-OK.

-And decking.

0:40:110:40:13

And I've got a deck, so I can sit on it.

0:40:130:40:14

Something a bit more level than what it was before and decking

0:40:140:40:18

which isn't just made out of bits of wood, bits of plank.

0:40:180:40:23

The guys have worked really hard, OK?

0:40:230:40:25

And I'm hoping to show you something that I personally think is pretty spectacular.

0:40:250:40:30

Come and stand in front for me. If you stand there...

0:40:300:40:32

-OK.

-Young Rachel. You come this side.

0:40:320:40:36

-All right.

-And I am going to say, "Close your eyes just for a minute."

0:40:360:40:40

Close your eyes. Keep those eyes tightly closed just for a second or two while I draw back the curtains.

0:40:400:40:48

Open your eyes.

0:40:510:40:53

Fantastic.

0:40:530:40:55

Our garden.

0:40:560:40:58

I don't know what to say.

0:40:580:41:00

-Fantastic, eh?

-Very, very good.

0:41:000:41:02

Yeah. Don't, cos you'll set me off.

0:41:020:41:05

What do you reckon, mate? Nice, grassed area there.

0:41:050:41:09

I can mow a lawn.

0:41:090:41:10

-Yeah.

-You can mow a lawn.

0:41:100:41:13

I can stand on here without trying to fall through it, so very good.

0:41:130:41:16

I'm just speechless. It's nice to have something good.

0:41:160:41:23

The builder left Rachel and Simon's garden looking like a building site.

0:41:240:41:29

Our team of good guys stepped in at the final stage

0:41:290:41:31

of their long list of remedial work to help them make the decking safe.

0:41:310:41:36

We've checked the abandoned structure and extended it as originally planned.

0:41:360:41:40

We laid a weed-proof membrane underneath to keep the deck

0:41:400:41:44

clear from growth and then clad the structure in feather-edged timber.

0:41:440:41:47

On top, we've laid sturdy boards and then, to make the deck

0:41:470:41:51

comply with building regulations, we've fitted handrails and steps.

0:41:510:41:55

The lawn has been transformed from a rubble-strewn demolition site

0:41:550:41:58

to a green and tranquil oasis of calm, thanks to the local students.

0:41:580:42:03

Hopefully, now Rachel and Simon can fulfil their dream of becoming foster parents.

0:42:030:42:08

Can you see, in the future, some of these lovely foster kids having fun in the garden?

0:42:080:42:16

-I've got, in the shed, giant garden games.

-Oh, have you?

0:42:160:42:19

-Yeah. So they'll all come out.

-It's a great starting point.

0:42:190:42:22

-Give us hug, missus!

-Thank you.

0:42:220:42:24

All right. You take care, yeah?

0:42:240:42:27

-Thank you.

-And enjoy.

-Will do.

0:42:270:42:29

Well, I'm so pleased that Rachel and Simon's hopes for a family home

0:42:320:42:36

are back on track and they can look forward to the future.

0:42:360:42:40

But just remember, if a price looks too good to be true,

0:42:400:42:43

it IS too good to be true, and don't be swayed by dodgy discounts.

0:42:430:42:48

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0:42:530:42:56

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0:42:560:43:00

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