Conservatories Don't Get Done Get Dom


Conservatories

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Transcript


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I've been fighting your consumer battles for years, now.

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But the same old problems just keep flooding in.

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And it's all the usual suspects.

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Poor customer service, faulty goods and hidden small print.

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No wonder some of you are fed up with the way you're being treated.

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What I hate about bank customer service is them not answering my question

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and it's never their fault.

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What really grinds my gears is when I place an order and the company gets it wrong.

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I couldn't agree more.

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Things need to change, and we're on a mission to get companies to treat us better.

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I'll be taking on your cases and fighting your fight with the big companies.

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I'm not playing ball. I'm boxing.

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And I'll be showing you how to shop smart and stay one step ahead.

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So you don't get into debt but you're still completely protected.

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Amazing. Love it!

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-So remember, don't get done...

-Get Dom!

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Coming up on today's show:

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the couple whose dream conservatory turned into a damp squib.

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-We don't use it. We don't sit out there. We don't eat out there.

-No.

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Because of the damp.

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Our guide on how to avoid chip and pin fraud.

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Listen and learn from one girl's ordeal that stopped her dreams of education in its tracks.

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The whole student finances went into the accounts

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and I couldn't do nothing about it.

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And I was still minus £200.

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And roving reporter Rani Price

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will be hitting the streets to find out if you know your consumer rights

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when it comes to door-step selling.

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-How does one know?

-That's what I'm here to tell you!

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I'm here to tell you these things so you know!

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A conservatory is a great addition to any home

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cos it gives you extra space

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and will add value to your property.

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But they don't come cheap.

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Which means if you do end up buying one,

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you want to make sure it's built correctly and it's going to last.

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And this is exactly what Melvin and Jan Bond were thinking they'd bought

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when in 2008, they forked out nearly £16,000 to Anglian Home Improvements

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to have the conservatory of their dreams built onto their bungalow in West Sussex.

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We went with Anglia cos we had the patio doors by them

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and they made a lovely job of it at the time.

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And also a kitchen window as well.

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-Had no problems with them.

-We had no problems. No problem with that at all.

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And that's four and a half years old.

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We bought it in 2008. It is a small bungalow

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and it gave us one, an outside space, somewhere to sit.

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We used it slightly as a utility room.

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Sounds idyllic. When the construction was finished, Melvin and Jan were over the moon.

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Wow, this is lovely!

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That was my feeling. Wow.

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And then, three months later,

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it all started going downhill.

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Instead of being the light, airy, practical addition they thought they were paying for,

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the brand-new conservatory started to deteriorate rapidly.

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We noticed there was mould growing on the walls.

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The whole brickwork, and the floor, the concrete floor,

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was actually soaking wet.

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We contacted Anglian. They came and had a quick look.

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They said it's condensation. You need more ventilation.

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I called again and said the mould is getting worse.

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Eventually they came out and said it could be the flooring.

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We'll have someone come and have a look.

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That's when they took the flooring up and said we've got to let it dry for three or four months.

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Once the floor was up, the couple were in for a shock.

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The concrete base was sodden,

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and by the time it had dried out, a year had gone by.

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Despite this, Anglian insisted the mould and damp

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were caused by condensation arising from the way the Bonds used the conservatory,

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namely having their washing machine and tumble drier in there.

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Now, to be fair, Anglian did carry out some repairs,

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like sealing the lead flashing

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and sealing correctly under the French doors,

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but nothing they've done has stopped the dampness and mould.

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Any one time, just, "It's condensation. It's your problem."

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And this is a bitter blow for the couple.

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They thought they'd be protected by the 10-year guarantee offered by Anglian.

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It covers all parts and labour

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and look closely at the t's and c's of the guarantee,

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and damage caused by condensation isn't covered.

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At their wits' end, the Bonds paid out for an independent surveyor

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to get a second opinion.

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And he said, "Two people in this house cannot produce

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"this amount of water in a conservatory."

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We've been arguing with them ever since they said condensation.

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We said, "It's not condensation. There's something else wrong with this building."

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That's what we've had for the four years.

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Ouch!

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The dream conservatory has become a bit of a white elephant.

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We don't use it.

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We don't sit out there. We don't eat out there.

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Because of the damp.

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We're worried because if that mould out there becomes a fungi,

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you could end up with any sort of complaints.

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Basically, all it is at the moment is a very, very, very expensive utility room.

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I'm up and down the country like a yo-yo,

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and today I'm in Crawley.

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If I got paid by the mile, I'd be a very rich man.

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But I'm here to meet Mel and Jan.

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-Hiya, Jan. Hi, Mel. How you doing? All right?

-Come on in.

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Jan and Melvin are in stalemate with Anglian.

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It seems from the start, they suspected the mould was because of bad workmanship,

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rather than themselves.

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We contacted them about the mould that was growing, and the dampness,

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and they came and had a look and thought it was just condensation.

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This carried on and we kept saying we're sure there's a problem underneath.

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One guy came in and said, "There's something wrong with the membrane."

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We let it all dry out for several months

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and then he come and chipped some of the plaster off and they tanked it.

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You shouldn't need to be tanked in here. That means there's a damp problem

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and they're trying to keep it out.

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'Tanking is what you can do to try and keep the damp out.

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'It can be a thick tarry paint you apply to the walls

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or an impermeable plastic membrane that stops moisture coming in.

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You then plaster over the top, and in an ideal world,

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no more damp.

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Unfortunately, Anglian's remedy didn't work.

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They'd suggested buying a humidifier to cope with the condensation

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and I said that's collecting a pint an hour.

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-It's dripping...

-A pint an hour?!

-Yes!

-A pint an hour!

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I can't even drink that much in a pub!

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They may be laughing now, but the hangover from what the couple think is Anglian's bad workmanship

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has gone on and on.

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They came back. They found it had not been sealed on the top there.

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They hadn't finished the lead flashing off.

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-OK. Obviously there's a lot of things not right with the conservatory.

-Yeah.

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-They say it's up to standard.

-Up to standard.

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They've put everything right and it's all down to condensation.

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They sent me an email which was their last letter.

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"Sorry, we can't do any more. It's up to standard.

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"It's what you're using the conservatory for."

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'Over the past four years,

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'the couple have chased Anglian to sort out the damp problems once and for all.

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'But Anglian maintains the condensation and mould

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'is not down to them.

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'This has left Jan and Melvin stressed out, to say the least.'

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-It's made us ill.

-Sleepless nights.

-Yes.

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It's the anxiety of not knowing which way they're going to go.

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We've been blamed so many times.

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It's an anxious moment every time they come and visit. "Is it our fault?

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"Have we missed something? Or is it their fault?" We know deep down it's their fault."

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'But Anglian say the fault is the Bonds'.

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'They cite, amongst other things,

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'the use of the washing machine and tumble dryer in the conservatory

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'as a contributing factor towards the condensation

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'that in turn causes the dreaded mould.'

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-What do you believe it is?

-I know what it is.

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-We had a surveyor in. When our surveyor came...

-Our surveyor came.

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-We didn't sleep very well the night before.

-We were a wreck.

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-We were thinking, "What if he finds nothing?"

-"What do we do?"

-"He'll make us look idiots."

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And then he did three different readings.

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And each one, he's come out and said, "This shouldn't be like this.

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"He said you shouldn't have any damp readings like this in a brick wall with central heating in here."

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And you also sent the survey into Anglian?

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I sent a copy by email to Anglian.

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We sent it to everybody that we contacted in Anglian,

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-to every one of them...

-Nothing's happened?

-They've not rung us or sent an email. Nothing.

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-They've not responded to us at all.

-Have you got any photos of the damp at its worst?

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I've got loads.

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Not only photographs but telephone calls, letters...

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You've been keeping a very good record of everything there.

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-It made it look worse.

-I saw something there. What was that?

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This is the mould, yeah? This looks bad.

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Yes. These are recent pictures.

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There's water dripping all the way off this.

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But what we don't want is it to get back in the corner

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to what it was in the first place.

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This is what's happening again.

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You can see down here where all the wet is.

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That's the concrete again.

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'Understandably, Anglian's dealings on this issue have left Melvin and Jan suitably unimpressed.'

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What do you want at the end of this?

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To be able to use the conservatory.

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That's what we had it built for.

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So we can actually come and sit out here.

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In a nutshell, you want what you paid for.

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Yeah. I want what we paid for.

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I'm going to take all this with me. You take care. And you, Mel.

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Why do people buy conservatories?

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It's because one, they need an extra room,

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and two, they want a room they can use as a transition between being in the house and in the garden.

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Now, in Mel and Jan's case, they've got the opposite.

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They've got a room that's so damp, they can't use it.

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I'm going to see if I can put an end to that.

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But before I ever dive in at the deep end,

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I like to find out who I'm up against.

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Anglian Home Improvements has been selling windows since 1966.

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When it comes to conservatories,

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they claim they use the most up-to-date construction techniques

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to ensure you'll have a low maintenance extension

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that you and your family will enjoy all year round.

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Clearly the Bonds haven't been able to enjoy their conservatory

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for four years.

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Time to see what the company have to say for themselves.

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Anglian Windows. Let's see how they deal with Mr and Mrs Bond's problem.

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Reception answers and I ask to be put through

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to the department that's been dealing with the Bonds' complaints.

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People who've written to us have had dealings with you

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to you probably give me a bit of insight into what's going on.

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'I explain the reason for my call and get passed on to the right department.'

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If I can tell you about what I'm doing, and put you in the picture.

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'Again I explain why I'm calling.

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'The lady that I'm talking to asks that we don't use her voice for broadcast. Fair enough.'

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Jan and Melvin Bond.

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They had a conservatory built in 2008, September.

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'I talk to her about Anglian's treatment of the Bonds.'

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Sort of said as it's basically condensation, that's not covered.

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'I tell her how the Bonds have attempted to sort the problem out

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'and their independent surveyor's report with the details.

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'She asks for a copy of the report and I ask for their policy on condensation

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'and the damage it can cause.'

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Bye-bye.

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Now, it's always advisable to start any call very politely

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and it all depends how the people are with you at the other end.

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But no point in going in guns blazing.

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So I phoned them up, said we've got a problem. Can you sort it out. These are the details.

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Can you send me copies of your t's and c's and your condensation report.

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What happens after then really now all depends on Anglian.

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So, it could go either way.

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Fingers crossed time.

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'It seems I managed some movement from Anglian.

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'But is it enough for Mel and Jan?'

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I think Anglian are still going to try and find some problem

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in the building to say, "It's not our fault."

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I'm Rani Price, and there's nothing I like better

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than helping you, the buying public,

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through the minefield of regulations

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to make sure you stay savvy shoppers.

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'Now, consumer law can be very confusing.

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'But knowing just a few of these laws can save you not only money

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'but a lot of hassle as well.'

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Do you know what this is?

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Two for a tenner?

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'Today, I'm out on the streets armed with questions to put to you, the buying public,

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'to find out if you know your consumer rights

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'from your consumer wrongs.'

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Do you know what, there are salesmen who like to do things the old-fashioned way,

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by knocking on your door to sell their wares.

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But there are different rights than if you buy from a shop.

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So you'd better know your stuff.

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Excuse me, madam, would you like to chat to us? One minute, two minutes?

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Do you want to come back down? She's going to come down and talk to us.

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Here she comes, here she comes, here she comes.

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-So, doorstep selling.

-Doorstep selling.

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-Know what it is?

-Not very much.

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-Ever had anybody come knocking?

-Very rarely.

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-Last evening.

-Right.

-Doorstep selling.

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-OK. What was that?

-A young man who said, "For charity, I'm selling things."

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Didn't show me the things.

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I said, "Thank you very much, but I'm cooking dinner."

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First, I want to know if these guys know their rights

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when it comes to being sold products or services at their front door.

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Let's say, for example, someone wants to offer you cover.

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You need home insurance.

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You call a company, a good company,

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-the kind of company your father would approve of.

-Right.

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They come to the house. They chat for hours and you decide to sign.

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Two days later, your dad phones you and goes, "That's not right.

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-"You should phone and cancel them."

-Right.

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Can you cancel the policy?

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-It depends, doesn't it?

-On what?

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I don't know.

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-I have no idea.

-You've signed a contract with them.

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-Hmm.

-You didn't feel forced into it.

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I'd try to get them on the phone.

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'Seems like these guys are a little confused.

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'Cue expert Rob Vale from Trading Standards.'

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Doorstep selling regulations give you a right to a refund

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provided you cancel within seven days.

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This is known as a cooling off period.

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When you enter into a doorstep contract,

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you must be given written details of your right to cancel

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and that will tell you how to cancel, normally in writing

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and within seven days.

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'All good advice, but what if we're talking about a product

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'that someone is potentially already making for you?'

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You've signed up to get your windows done, but only afterwards you realise

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maybe you could get a better deal

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or you could go with a different company that would be in keeping with a conservation area.

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But you've already signed up. Can you still cancel it?

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-I've got an answer to that.

-Go on.

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"Sorry, this is a conservation area. We're not allowed double glazing."

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If they say to you, "We've started making them.

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"Soon as we left your house we were there in the factory."

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I suppose I would pay for them.

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If you haven't been given a written notice of your cancellation rights

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that tells you you've got the seven-day cooling off period,

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not only is this against the law,

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it also negates the contract.

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So if they have started work, you're not obliged to pay anything

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because they failed to follow the rules as far as giving you that information.

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'So, just remember that seven-day cooling off period

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'and the paperwork you should expect.

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'But what about subscriptions and signing on the dotted line

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'for a year's worth of bedtime reading?'

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-Do you have any hobbies?

-Riding. I'm off riding now.

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Very nice. "Well, we have this great offer, a riding magazine

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"£30 to you, for the year. Interested?" "Yes, I am", you say.

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Sign up. And then actually think, "You know what? I don't want that.

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-"It's not really for me." Can you cancel it?

-Yes, I would think I probably could cancel it.

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I don't know because I wouldn't put myself in that position.

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Everything should be possible to cancel.

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Doorstep selling regulations only cover contracts for £35 and over.

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-What's the difference?

-Because it's under £35.

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How... How does one know?

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That's the thing. That's what I'm here to tell you!

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I'm here to tell you these things so you know.

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-So anything under £35...

-You don't get your cooling-off period.

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-But over, you do.

-You do, yes.

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More people should know that.

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So next time you buy something from a doorstep sale,

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don't get yourself all hot and bothered.

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Remember your cooling off period.

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Well, unless it's under £35, that is.

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I'm helping Melvin and Jan who've had a raft-load of problems with their near-16-grand conservatory

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built by Anglian Home Improvements.

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So this conservatory is not fulfilling any of your needs at all?

0:17:590:18:04

We just use it to do the washing now. We don't sit out there at all.

0:18:040:18:07

Seriously?

0:18:070:18:09

'Their conservatory is awash with damp and has mould sprouting all over the place.

0:18:090:18:12

'Over a four-year period,

0:18:120:18:15

'Anglian's repairs haven't stopped the rot

0:18:150:18:17

'and the couple's dream conservatory is a nightmare.'

0:18:170:18:20

You wake up with a start and you can feel all the tension and stress

0:18:210:18:26

and it goes into your stomach and I end up shaking, laying in bed shaking.

0:18:260:18:31

'The Bonds believed they'd be covered for the problems their conservatory is suffering from

0:18:310:18:35

'by Anglian's ten-year guarantee.

0:18:350:18:37

'Only they've been told that covers all parts and labour,

0:18:370:18:41

'not damage caused by environmental factors.

0:18:410:18:44

'Factors like condensation.

0:18:440:18:46

'Condensation Anglian say the Bonds are causing by having their washing machine and tumble drier

0:18:460:18:51

'in the same room.

0:18:510:18:53

'I've already touched base with Anglian just to let them know I'm on the case.'

0:18:530:18:57

If I can take an email address, I can get a lot of paperwork over to you as well.

0:18:570:19:00

'Quite promisingly, I received an email containing the terms and conditions of their guarantee

0:19:000:19:06

'and stating that the case is now with a marketing director

0:19:060:19:09

'and that he'll be in touch.

0:19:090:19:10

'The good news is, he's asking for a copy of the Bonds' independent report.

0:19:100:19:15

'It's a good start. Before I send it over, I cast my eyes over its finer details.

0:19:150:19:20

'In it, the Bonds' independent surveyor backs up everything they believe

0:19:200:19:25

'that fundamentally the problems are not to do with their use of the conservatory

0:19:250:19:30

'but how it's been built.'

0:19:300:19:32

'Namely, a massive potential problem with its damp proof course.

0:19:320:19:35

'His finishing advice is that the whole thing needs to be taken down and done again. Ouch!

0:19:350:19:41

No wonder Anglian aren't that keen to discuss it with the Bonds.

0:19:410:19:45

'They are sticking to the argument that Jan shouldn't be using her tumble drier in there.'

0:19:450:19:50

That's got me thinking.

0:19:520:19:54

Are there things that you should and shouldn't do in a conservatory?

0:19:540:19:58

Now, keep it clean, please!

0:19:580:20:00

Let's see what the experts say.

0:20:000:20:01

And I know exactly the man to tell us.

0:20:030:20:05

My name is Richard Christie.

0:20:050:20:07

I'm the chief executive of the Double Glazing and Conservatory Ombudsman Scheme,

0:20:070:20:11

a consumer protection organisation.

0:20:110:20:15

We aim to fully protect any consumers who buy products from our members.

0:20:150:20:21

We do hold a register of our accredited installation companies.

0:20:210:20:27

Consequently, consumers can come to our website

0:20:270:20:31

where they can look to find a member

0:20:310:20:34

and we will put them in touch with installation companies

0:20:340:20:38

that they can request calls from.

0:20:380:20:40

Anglian aren't part of this ombudsman scheme,

0:20:400:20:43

but as a market leader, they are part of the Glass and Glazing Federation

0:20:430:20:47

who operate their own processes to protect consumers.

0:20:470:20:50

Trust me, it's always best to look for a company that is accredited.

0:20:500:20:54

The standards of entry that members of the scheme have to meet

0:20:540:20:59

are very high.

0:20:590:21:02

They must agree to abide by the scheme rules and the ombudsman's ruling

0:21:020:21:07

should there be a dispute.

0:21:070:21:09

It's always good to have an outside party involved.

0:21:090:21:12

But what is Richard's take on what should or shouldn't be done in a conservatory?

0:21:120:21:16

I've seen many cases where the consumer is complaining about condensation

0:21:160:21:22

within their conservatory.

0:21:220:21:24

When we've investigated the matter,

0:21:240:21:27

there may have been a bed and someone's been sleeping in the conservatory.

0:21:270:21:31

That puts a lot of moisture into the atmosphere.

0:21:310:21:34

Conservatories are not considered habitable rooms.

0:21:340:21:37

You definitely shouldn't be looking to use them as kitchens, bedrooms or bathrooms.

0:21:370:21:42

You definitely should not be sleeping in conservatories.

0:21:420:21:47

You should not be having gas stoves or tumble driers,

0:21:470:21:51

anything that puts moisture into the atmosphere

0:21:510:21:54

is definitely something you shouldn't be doing.

0:21:540:21:56

This is exactly what Anglian cited as a cause for condensation in the Bonds' conservatory -

0:21:560:22:03

both the washing machine and tumble drier being used in there.

0:22:030:22:06

But their independent report suggests

0:22:060:22:10

that's the least of the problems

0:22:100:22:12

and that it has fundamental issues with the construction

0:22:120:22:15

and damp proof course.

0:22:150:22:17

But is theirs a common problem?

0:22:170:22:19

When dealing with complaints where consumers feel they may have condensation

0:22:200:22:25

or feel they may have damp,

0:22:250:22:26

it's quite important to establish which one it is.

0:22:260:22:30

Condensation is moisture appearing on a surface

0:22:300:22:35

whereas damp is moisture that is actually within that substraint itself.

0:22:350:22:41

Condensation can happen within conservatories.

0:22:410:22:46

However, in my experience, the majority of cases

0:22:460:22:49

are not to do with the conservatory itself.

0:22:490:22:52

They are to do with the way the conservatory is being used.

0:22:520:22:56

Maybe Anglian have got a point after all.

0:22:580:23:01

This doesn't bode well for Melvin and Jan.

0:23:010:23:04

It means it's more important than ever to get Anglian to look at that independent report

0:23:040:23:09

that cites the damp proof course as a potential problem.

0:23:090:23:12

And it seems they may have.

0:23:150:23:17

I'm told they've organised a surveyor to visit the Bonds,

0:23:170:23:21

which is fantastic news.

0:23:210:23:23

But at this moment, the marketing director still maintains

0:23:230:23:26

the conservatory's construction is fine.

0:23:260:23:28

The family's use of it is not.

0:23:280:23:30

They do say they want to sort this out,

0:23:310:23:34

but I'm sure everything now hangs on this next report.

0:23:340:23:37

One very anxious week later and the day of inspection has dawned.

0:23:440:23:48

Melvin and Jan are on a knife's edge.

0:23:480:23:51

Last night, we were pacing around. Neither of us could concentrate on anything.

0:23:510:23:57

Couldn't concentrate on TV. Went to bed. Took ages to get to sleep.

0:23:570:24:00

Then I woke up at three o'clock.

0:24:000:24:02

Went to sleep, woke up at five o'clock.

0:24:020:24:04

Eventually I got up, made myself a cup of tea

0:24:040:24:08

and didn't go back to sleep again.

0:24:080:24:09

We weren't allowed to film Anglian's surveyor at work

0:24:090:24:13

but he did thorough tests.

0:24:130:24:15

He said, "I'm going to go around with my monitors

0:24:150:24:18

"and check the condensation level, the water ingress measurements,

0:24:180:24:23

"and I'll do one side, then another and take some other readings."

0:24:230:24:27

Jan was on hand to highlight the main problem areas to him

0:24:270:24:30

and what their own surveyor had discovered.

0:24:300:24:33

I only hope this surveyor sings from the same hymn sheet as the first.

0:24:330:24:38

But after four years of arguments and stress,

0:24:380:24:40

Jan is sadly less than hopeful for the outcome.

0:24:400:24:43

Anglian have now got to see what they're going to do about it.

0:24:440:24:47

I do feel very sick now inside

0:24:470:24:51

because of what's happened, all the anxiety

0:24:510:24:54

that's built up over the last four years.

0:24:540:24:56

I feel relieved but I feel quite apprehensive and still feel sick about it all.

0:24:560:25:01

Who knows, at the end of the day, where this is going to end.

0:25:010:25:05

'Everything could now hinge on this report.

0:25:050:25:08

'So, a few days later,

0:25:080:25:09

'I put in a call to the marketing director handling our case.'

0:25:090:25:13

Credit where credit is due.

0:25:130:25:15

I contacted Anglian Windows last week.

0:25:150:25:18

And told them about the problem.

0:25:180:25:20

And since now and then,

0:25:200:25:22

they've sent round an expert to have a look at this conservatory.

0:25:220:25:25

So I'm about to ring and find out what's happened.

0:25:250:25:28

I've got a funny feeling this guy might have found the root of the problem.

0:25:280:25:32

Not a voice mail.

0:25:380:25:40

Please don't go to voice mail.

0:25:400:25:42

Voice mail!

0:25:450:25:47

Dominic Littlewood. Unfortunately I've missed you. It's gone to voice mail.

0:25:480:25:51

If you get a moment, could you give us a call back?

0:25:510:25:54

Voice mails. I hate them, but to be honest,

0:25:540:25:57

I spoke to that guy before and he's pretty good.

0:25:570:26:00

So I reckon he'll call me back quite soon.

0:26:000:26:02

Not even a coffee shop round here.

0:26:020:26:05

So my caffeine needs will have to wait

0:26:050:26:07

because I've got more pressing matters to deal with.

0:26:070:26:09

Like just what guarantees and warranties are really worth.

0:26:090:26:13

The Bond family thought their warranty would protect them,

0:26:130:26:16

but it seems it's not as simple as that.

0:26:160:26:18

So the question is, what should we expect from our warranties

0:26:180:26:22

and can the law protect us if our warranties don't?

0:26:220:26:26

The man to tell us that is Steve Playle from Trading Standards.

0:26:260:26:30

Warranties and guarantees are things that traders give you

0:26:320:26:35

to give you reassurance that if things go wrong,

0:26:350:26:38

there'll be somebody there to pick up the pieces.

0:26:380:26:41

Sometimes, guarantees and warranties are worth their weight in gold,

0:26:410:26:44

sometimes they're worth absolutely nothing.

0:26:440:26:46

Consumers need to be very wary about guarantees without understanding the terms and conditions.

0:26:460:26:53

But what about your basic consumer rights?

0:26:530:26:56

How do warranties and guarantees fit in there?

0:26:560:26:59

Warranties and guarantees are rights over and above

0:26:590:27:01

your normal statutory rights under the Sale of Goods Act.

0:27:010:27:04

Sale of Goods Act lays out your basic rights,

0:27:040:27:06

that warranties and guarantees are the Rolls-Royce treatment to give you extra protection.

0:27:060:27:11

OK, so consumers still have their basic rights

0:27:120:27:14

under the Sale of Goods Act. And here's where things get interesting.

0:27:140:27:18

The Act states that goods must be "fit for purpose" and of "satisfactory quality".

0:27:180:27:24

And I know the Bonds would argue their conservatory is neither.

0:27:240:27:27

So, can Anglian keep referring back to the t's and c's of their guarantee?

0:27:270:27:32

Standing firm that damage caused by condensation isn't covered?

0:27:320:27:36

The terms of the Sale of Goods Act are king. Retailers can't override those rules.

0:27:380:27:42

They can give you additional benefits, fine,

0:27:420:27:44

but they can't chop and change some of the Sale of Goods Act rights

0:27:440:27:47

for rights contained within a warranty.

0:27:470:27:49

Sale of Goods Act first, warranty second.

0:27:490:27:51

You may have cases where the warranty or guarantee doesn't cover your particular situation.

0:27:510:27:56

But you still have your Sale of Goods Act rights.

0:27:560:27:58

It all comes down to what's reasonable under the circumstances.

0:27:580:28:02

So that's where you need to think about getting an expert opinion

0:28:020:28:05

and an expert report to try and back up your claim

0:28:050:28:08

that the goods weren't fit for their purpose.

0:28:080:28:10

OK. The Bonds did this. But who should you choose

0:28:100:28:14

and who's going to be left out of pocket?

0:28:140:28:16

Surveyors don't come cheap.

0:28:160:28:18

If you do need to get a report carried out on the product

0:28:180:28:21

to prove your case,

0:28:210:28:23

it's best to find someone who's an expert in that field

0:28:230:28:25

and that will involve money.

0:28:250:28:27

So you'll have to pay for that.

0:28:270:28:28

If you've let the trader know you intend to go to the Small Claims Court

0:28:280:28:31

and you intend to get a report carried out,

0:28:310:28:34

you may be able to get the costs of that report back

0:28:340:28:36

should you win your case.

0:28:360:28:38

Fair enough, Steve.

0:28:380:28:39

But with Anglian saying the conservatory is up to standard,

0:28:390:28:43

are they by-passing both the Sale of Goods Act

0:28:430:28:45

and the independent report that states the conservatory is not fit for purpose?

0:28:450:28:49

And if so, what do consumers have to do in similar situations

0:28:490:28:54

to the Bonds, apart from get me in, that is!

0:28:540:28:57

If you get to a stalemate situation where you've done everything reasonable,

0:28:580:29:02

the trader's refused to reject the goods and you've got an expert backing you up,

0:29:020:29:05

the ultimate step to take is the Small Claims Court.

0:29:050:29:08

Go there, fill out the claim forms,

0:29:080:29:10

and the let the court hearing proceed and you'll get a hearing date in due course

0:29:100:29:15

and the registrar will decide the case.

0:29:150:29:17

Thanks, Steve. Good advice.

0:29:170:29:19

Hopefully, it won't have to come to that in the Bonds' case.

0:29:190:29:22

Fundamentally, they and their surveyor think the conservatory isn't fit for purpose.

0:29:230:29:28

But will Anglian come round to their way of thinking?

0:29:280:29:31

It's not condensation. It's a problem with the actual building itself.

0:29:310:29:35

We get thousands of emails asking for our help.

0:29:400:29:42

Unfortunately, we can't answer each one.

0:29:420:29:45

But what we can do is warn you about some of the common consumer pitfalls

0:29:450:29:49

so you don't get done.

0:29:490:29:51

Today, we're talking about chip and pin fraud.

0:29:550:29:58

This is when your credit or debit card is stolen or cloned

0:29:580:30:02

in order to steal money from your account.

0:30:020:30:05

Meet Benedicte Albert, who came to London from Norway

0:30:050:30:09

to study music and drama.

0:30:090:30:11

May 2011, she was the victim of a debit card crime

0:30:110:30:14

that she has suffered from ever since.

0:30:140:30:16

I was in a nightclub in Tottenham Court Road having a great time.

0:30:170:30:22

By the end of the night, I realised my card was gone.

0:30:220:30:26

My ID was still there, my passport,

0:30:260:30:29

and my Oyster card was still there.

0:30:290:30:31

It must have happened so quickly because all they got out was the purse.

0:30:310:30:35

And she acted swiftly in response.

0:30:350:30:37

My phone was dead so I borrowed my friend's phone

0:30:370:30:41

and we quickly found the number on the internet

0:30:410:30:43

and called up the bank and asked to cancel it.

0:30:430:30:48

Even though I had only 8p so I didn't think it was that important.

0:30:480:30:54

But I thought I'd have to cancel it to get a new one at least.

0:30:540:30:57

Did Benedicte do the right thing?

0:30:570:30:59

The UK cards association are an organisation

0:30:590:31:02

who help develop industry standards to tackle card fraud.

0:31:020:31:06

If you think there's any chance your card has been lost or stolen,

0:31:060:31:09

the best thing to do is pick up the phone and give your bank a call.

0:31:090:31:13

Typically, they'll then cancel the card

0:31:130:31:16

to make sure there's no prospect of any fraud on it.

0:31:160:31:19

So it seems she did everything she should have.

0:31:190:31:22

I felt relieved. My mum has always told me, if your card ever gets stolen

0:31:220:31:28

you have to cancel it straight away.

0:31:280:31:31

So at least I'd done that.

0:31:310:31:33

But as Benedicte's mum remembers well,

0:31:330:31:36

things didn't quite pan out as smoothly as she hoped.

0:31:360:31:39

I had access to Benedicte's bank account, online banking,

0:31:390:31:44

because it was me that actually opened it.

0:31:440:31:46

At the time.

0:31:460:31:48

But I didn't have any PIN for the card.

0:31:480:31:51

I had a look into her online banking

0:31:510:31:53

and saw suddenly something was happening there.

0:31:530:31:56

When I looked at my account, there was these cheques that I definitely hadn't put in

0:31:560:32:01

and also money had been withdrawn from foreign exchange places

0:32:010:32:08

and ATMs.

0:32:080:32:10

Benedicte's account details on her card had been used to deposit cheques

0:32:100:32:15

which later bounced.

0:32:150:32:17

And it seemed her PIN had also been obtained because money was withdrawn from cashpoints.

0:32:170:32:21

And the card had been used in shops.

0:32:210:32:24

After a theft, and even if you haven't been the victim of a crime,

0:32:240:32:28

constantly keeping a watchful eye on your account is key.

0:32:280:32:31

If you see anything on your statements or your online banking details,

0:32:310:32:36

that indicates there's been a transaction that you don't recognise,

0:32:360:32:39

then give the bank a call immediately.

0:32:390:32:41

So, as suggested by her mother, Benedicte called the bank again.

0:32:410:32:46

But strangely, they didn't have a record of her first card cancellation.

0:32:460:32:50

So she had to cancel again -

0:32:500:32:52

in their eyes, after the strange transactions took place.

0:32:520:32:56

The bank then starts to investigate how the fraud might have happened.

0:32:560:33:00

They said when the money had been taken out, these people had used the passport

0:33:000:33:04

which I was just confused about

0:33:040:33:08

because I hadn't lost my passport.

0:33:080:33:10

My passport was still in my bag at the end of the night.

0:33:100:33:13

So I thought that was funny when the bank told me that.

0:33:130:33:16

And that they must have known my PIN number

0:33:160:33:19

but I hadn't told anyone my PIN number before.

0:33:190:33:23

The night Benedicte's card was stolen,

0:33:240:33:27

she only had eight pence in her bank account

0:33:270:33:29

and no agreed overdraft facility.

0:33:290:33:32

But despite this, £1,903 was withdrawn against bogus cheques that later bounced,

0:33:320:33:39

meaning her account was now in the red.

0:33:390:33:42

To top it off, Benedicte was waiting on a large student loan payment

0:33:420:33:46

of £1,600 to come in.

0:33:460:33:48

And when it did, it just went towards paying off the unagreed overdraft.

0:33:480:33:53

The whole student finances went into the account

0:33:560:33:59

and I couldn't do nothing about it.

0:33:590:34:02

And I was still minus £200.

0:34:020:34:05

When Benedicte didn't get that student finance,

0:34:070:34:11

loan and grant for that term,

0:34:110:34:13

it was devastating for us.

0:34:130:34:15

It's also ended up that she couldn't take a year more of the education.

0:34:150:34:21

The current outcome of the situation

0:34:210:34:24

is basically the bank telling me I'm in the wrong. I'm a criminal.

0:34:240:34:30

And they still want me to pay back this money.

0:34:300:34:32

The bank are claiming Benedicte must have made her PIN available to the fraudster

0:34:320:34:37

and at the moment won't pay out.

0:34:370:34:39

So how could she have better protected herself from all this turmoil?

0:34:390:34:43

We generally find that when cards are compromised,

0:34:430:34:46

the way the fraudsters sometimes sadly get the PINs as well,

0:34:460:34:49

is through surfing the shoulder of a customer at the ATM.

0:34:490:34:53

It's so important to cover up the key pad when typing your PIN in.

0:34:530:34:57

The really key thing when it comes to protecting your PIN

0:34:570:34:59

is never to reveal it to anyone,

0:34:590:35:02

whether that's somebody that you know, or even the police or your bank.

0:35:020:35:06

Because they'll never contact you to ask for your PIN.

0:35:060:35:08

It'll always be a fraudster claiming to be somebody they're not.

0:35:080:35:11

Statistics, however, may be on Benedicte's side.

0:35:110:35:15

In 98% of cases, we know that there's a full refund given.

0:35:150:35:19

So it's a very overwhelming majority where in the first instance,

0:35:190:35:22

consumers get that money back.

0:35:220:35:24

In the very small minority of cases where that doesn't happen,

0:35:240:35:27

there's an independent route of appeal through the financial ombudsman

0:35:270:35:30

where the case can be re-opened and the bank's decision overturned if appropriate.

0:35:300:35:34

Benedicte has indeed sent her case to the ombudsman

0:35:340:35:38

and is waiting for a final decision.

0:35:380:35:40

But it seems her case is unusual.

0:35:400:35:42

Hopefully, things will work out for her soon.

0:35:420:35:45

But if you follow my steps in protecting yourself from chip and pin fraud,

0:35:450:35:49

hopefully, you won't get done.

0:35:490:35:51

'I'm on the case of Melvin and Jan Bond's mouldy conservatory,

0:35:580:36:02

built for just shy of 16 grand by Anglian Home Improvements.

0:36:020:36:06

They've had a four-year battle with the company

0:36:060:36:09

to get them to recognise the damp problems in the new extension

0:36:090:36:12

are not down to how they use the room

0:36:120:36:14

but how the room was built.

0:36:140:36:16

There is a problem, and it's none of our doing.

0:36:160:36:19

But after four years, you just feel like you're going to fall apart.

0:36:190:36:23

'So far, the Bonds have had an independent report

0:36:240:36:26

'stating the issues could lie with the damp proof course

0:36:260:36:29

'and not the fact they've used a tumble drier in the room.

0:36:290:36:33

'But thankfully, Anglian have responded by sending out their own surveyor.'

0:36:330:36:37

Where we go from now, I don't know.

0:36:370:36:39

We'll just wait and see.

0:36:390:36:41

'Well, somebody has got back to me from the company, asking me to call them.

0:36:410:36:45

'This time, it's their Head of Marketing and Communications.'

0:36:450:36:49

Right.

0:36:500:36:51

I'm hoping...

0:36:520:36:54

..this will be the start of the end of the problem.

0:36:550:36:57

Soon find out.

0:36:580:37:00

Melanie, good afternoon.

0:37:020:37:03

'Melanie confirms they have the latest surveyor's report

0:37:030:37:07

'and the issues he raises are pretty similar to the first independent one

0:37:070:37:11

'commissioned by the Bonds.'

0:37:110:37:12

Yes, he went round and had a look, didn't he? Yes.

0:37:120:37:15

'Anglian's surveyor recommends that the company examine the walls,

0:37:150:37:19

'create overall better ventilation,

0:37:190:37:22

'highlights that some vents weren't working correctly

0:37:220:37:25

'and that the damp proof course has potentially been laid incorrectly.'

0:37:250:37:30

What exactly are you going to do?

0:37:300:37:33

'In my layman's interpretation,

0:37:330:37:35

'that could explain the damp and mould problems pretty well.

0:37:350:37:39

'It's great news that they are finally admitting there's a problem here.'

0:37:390:37:43

I need to ask you a question here, Melanie.

0:37:430:37:46

Why's it taken four and a half years to get to this stage?

0:37:460:37:49

'Melanie tells me it's a great pity it's taken this long to sort out the Bonds' issue.

0:37:490:37:54

'It should have been dealt with better locally

0:37:540:37:56

'and should have come up the chain of command sooner.

0:37:560:37:59

'Better yet, I'm told they've launched an internal investigation

0:37:590:38:03

'because of the time this has dragged on

0:38:030:38:05

'and the fact the problems with the conservatory are more than they've been admitting for over four years.

0:38:050:38:10

'What a positive result!'

0:38:100:38:12

I'm glad to hear you're going to conduct an internal investigation.

0:38:120:38:15

If this puts an end to it, brilliant. Lovely talking to you, Melanie. Bye.

0:38:150:38:20

I felt that call

0:38:210:38:23

possibly - not possibly, definitely - couldn't have gone better.

0:38:230:38:28

'Because finally, the truth is out.

0:38:280:38:31

'The condensation and damp problem

0:38:310:38:32

'is bigger than just Jan using a tumble drier in her conservatory.

0:38:320:38:36

'The terms and conditions of the guarantee are now irrelevant.

0:38:360:38:40

'As we heard earlier from Trading Standards,

0:38:400:38:42

'the Sale of Goods Act trumps Anglian's t's and c's

0:38:420:38:46

'because finally they are acknowledging

0:38:460:38:47

'the conservatory wasn't built correctly in the first place.

0:38:470:38:50

'Time to break some news.'

0:38:500:38:52

Hi, Jan. How you doing, lovey? All right, Mel?

0:38:550:38:58

Hope the kettle's on, cos I've got some news for you.

0:38:580:39:00

-Good!

-Oh, come in.

-Come on in.

-Thanks very much.

0:39:000:39:03

No chance of a muffin, I suppose, is there?

0:39:030:39:05

-Jan and Mel, good to see you again.

-Nice to see you.

0:39:070:39:10

How do you think I got on?

0:39:100:39:12

-Don't know. Don't know. We've got nowhere in four years.

-Yeah.

0:39:120:39:16

All we got was blamed and blamed and blamed.

0:39:160:39:20

Let me tell you how I got on, then.

0:39:200:39:21

I started to work my way up the top of the ladder

0:39:210:39:25

and speak to some very important people.

0:39:250:39:26

Now it's been brought to the attention of the important people, who should have taken care of you,

0:39:260:39:31

things have started to happen.

0:39:310:39:33

-They employed an independent expert.

-Yes.

-That's right.

0:39:330:39:36

-What was your opinion of him?

-We were very apprehensive.

0:39:360:39:39

But when he started finding the faults, I don't know, it just lifted our spirits.

0:39:390:39:45

-It gave you hope. I've read his survey back to front.

-Yes.

0:39:450:39:49

As have Anglian. His report basically says it's not your lifestyle.

0:39:490:39:54

-There was problems at the start, with installation.

-Yep.

0:39:540:39:58

Of course, subsequently, you've suffered as a result of that.

0:39:580:40:00

Anglian have given me a statement. Let me read that out to you.

0:40:000:40:03

It says here, "We wholeheartedly apologise to Mr and Mrs Bond..."

0:40:030:40:09

-Good start.

-Yeah.

0:40:090:40:11

"..as they have clearly not experienced Anglian's high standard of service

0:40:110:40:15

"with the installation of their conservatory." Bingo. We all agree with that.

0:40:150:40:18

'But most crucially for Jan and Melvin, Anglian also say...'

0:40:180:40:23

On top of that, I've asked them to pay for an independent surveyor

0:40:370:40:41

to keep an eye on the work, monitor it, and report afterwards to you and to them.

0:40:410:40:45

So you should not have any more problems.

0:40:450:40:49

-Right.

-Good.

0:40:490:40:50

They're in the past, almost. How do you feel?

0:40:500:40:54

Phew!

0:40:540:40:56

A lot happier than I was earlier on.

0:40:560:40:58

-Look at how far we've leaped forward.

-Oh, yes!

-Yeah, yeah.

0:40:580:41:02

Have confidence. There's nowhere else for them to go now.

0:41:020:41:06

They've got to do the job properly.

0:41:060:41:07

I said to them, "What about the four years' inconvenience they've had?"

0:41:070:41:12

They'd like to send you away on a week's holiday, full-board,

0:41:120:41:16

so you can enjoy a week in Cornwall, with the dog,

0:41:160:41:19

hand the keys over, come back, end of.

0:41:190:41:21

And do you know what? You're starting to smile!

0:41:210:41:24

You're starting to smile!

0:41:240:41:25

Or they did give you an alternative.

0:41:270:41:29

If you don't want that, they'll send you to London for a weekend,

0:41:290:41:32

fully paid for, go to a theatre show or see a sporting event.

0:41:320:41:35

They'll pay for it. It's their way of saying sorry.

0:41:350:41:38

-Right.

-Right.

0:41:380:41:39

-I can see little tears in both your eyes!

-I don't get emotional very easily, I can tell you.

0:41:390:41:44

Are you going for the week in Cornwall or the weekend in London?

0:41:440:41:47

-Cornwall, me.

-Yeah.

-Where are you going?

0:41:470:41:49

-Well, I'll have a weekend in London and you...

-I'll let you work that out yourselves!

0:41:490:41:53

-You've been together long enough.

-Yeah.

-Right. See me out.

0:41:530:41:56

I think I've done everything I needed to.

0:41:560:41:58

Come on, then!

0:41:580:42:00

I can't lift you up!

0:42:000:42:02

Don't lift me up. You'll strain your back! Right.

0:42:020:42:04

Since filming, the couple have swapped their holiday

0:42:050:42:08

for a brand-new front door and three windows from Anglian!

0:42:080:42:10

Of course, all free of charge. Anglian added...

0:42:100:42:14

Four years coming, it'll be nice just to relax

0:42:220:42:26

and not have to worry about the mould and cleaning all the mould off the windows.

0:42:260:42:31

The grandchildren can come in here and play.

0:42:310:42:33

There's plenty of room, while the adults are having their cup of tea.

0:42:330:42:37

I think it's going to be a whole new world for us.

0:42:370:42:41

Isn't it nice when a big company like Anglian

0:42:440:42:47

put their hands up and say, "Do you know what?

0:42:470:42:49

"We got this one wrong. We'll take it on the chin and put things right.

0:42:490:42:52

"And to make up for all the inconvenience they've had in there,

0:42:520:42:56

"we're going to send this couple away for a nice week's holiday at our expense."

0:42:560:43:00

Good on you, Anglian.

0:43:000:43:02

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0:43:230:43:26

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