0:00:02 > 0:00:06I'm Dominic Littlewood and I'm here to champion your consumer rights.
0:00:06 > 0:00:08I don't mind who I speak to, I just want to try and resolve it.
0:00:08 > 0:00:11Any problem, no matter how big or small,
0:00:11 > 0:00:13I will help you get the service you deserve.
0:00:13 > 0:00:17That would worry me, about the quality of his work.
0:00:17 > 0:00:20Whether it involves getting your money back...
0:00:20 > 0:00:24My heart just sank because I thought, where am I going to find this extra money?
0:00:24 > 0:00:26..or taking on your contract conundrums.
0:00:26 > 0:00:31They stated it was not down to them, that it was down to another company.
0:00:31 > 0:00:32I'm here to help.
0:00:34 > 0:00:38Today I hear from two families who have first-hand experience
0:00:38 > 0:00:42of just how precarious the second-hand car market can be.
0:00:42 > 0:00:44On the sale certificate,
0:00:44 > 0:00:48it states "the above-mentioned vehicle is not fit for purpose."
0:00:48 > 0:00:52If I ever tried to turn on the engine and move, it would basically be a mini bomb.
0:00:52 > 0:00:55We show you how not to sell on your second-hand phone.
0:00:55 > 0:00:58From the moment I sent my phone off to them,
0:00:58 > 0:01:01it took 2.5 months for me to get my money.
0:01:01 > 0:01:06Crucial advice from the experts on how to know what you're really shelling out on.
0:01:06 > 0:01:08Buying a second hand car is risky
0:01:08 > 0:01:12because you can't see inside an engine.
0:01:12 > 0:01:15I'm taking on your consumer problems to make sure you don't get done.
0:01:22 > 0:01:25The used car market is a massive industry in the UK.
0:01:25 > 0:01:30In 2012, there were over seven million of them sold.
0:01:30 > 0:01:31But you need to be careful
0:01:31 > 0:01:35because you don't always get what you're bargaining for.
0:01:36 > 0:01:39If my inbox is anything to go by, there are a lot of you out there
0:01:39 > 0:01:42who end up having issues with used vehicles.
0:01:43 > 0:01:49One couple who have written to me on this exact subject is Danielle and Clive from Essex.
0:01:49 > 0:01:53They bought a second-hand car in April 2013.
0:01:53 > 0:01:57We needed a bigger family car so it could transport us,
0:01:57 > 0:01:59our two children and our two dogs.
0:01:59 > 0:02:03Clive needed the car for work and we just needed a really good, reliable car.
0:02:04 > 0:02:08But most importantly, a used car with an affordable price tag
0:02:08 > 0:02:12as the couple already had a little run-around they planned on keeping.
0:02:12 > 0:02:15We found a Mazda 6 on the Auto Trader.
0:02:15 > 0:02:18It had low mileage, it was a high spec
0:02:18 > 0:02:21and it was the perfect size for our family.
0:02:21 > 0:02:25The car was advertised by a company called Blue Gate Cars Limited
0:02:25 > 0:02:28and after an initial phone call to the company's salesman,
0:02:28 > 0:02:32the couple headed to the car lot in East London.
0:02:32 > 0:02:34Blue Gate Cars looked very professional.
0:02:34 > 0:02:38Danny was the salesman there. He was really friendly and very helpful.
0:02:38 > 0:02:41He showed us everything we wanted to see.
0:02:41 > 0:02:44He answered all of our questions very well.
0:02:44 > 0:02:48My husband test drove the car and it was all good.
0:02:48 > 0:02:50We were generally really pleased with what we saw.
0:02:52 > 0:02:55The 2005 Mazda had 67,000 miles on the clock
0:02:55 > 0:02:58and roughly three months MOT left on it.
0:02:58 > 0:03:01It looked like the perfect motor for the family.
0:03:05 > 0:03:07Excited, they made the decision to buy it
0:03:07 > 0:03:12and paid £2,300 using their credit card.
0:03:12 > 0:03:14This included a six month warranty.
0:03:15 > 0:03:16The following day...
0:03:16 > 0:03:20We went to collect the car. Danny came out and met us.
0:03:20 > 0:03:24He gave us all the past MOTs, the logbook,
0:03:24 > 0:03:27the manual for the car and off we went with the car.
0:03:29 > 0:03:33As we were driving home, I was following my husband in the car
0:03:33 > 0:03:35and I noticed there was a lot of black smoke
0:03:35 > 0:03:37coming out of the exhaust.
0:03:39 > 0:03:43When we got home, I called Blue Gate Cars and spoke to Danny.
0:03:43 > 0:03:47He said it was because the car had been idle, sat on the forecourt
0:03:47 > 0:03:51and it was quite usual for that to happen.
0:03:51 > 0:03:53The couple accepted Danny's explanation
0:03:53 > 0:03:55and were initially chuffed with a new acquisition.
0:03:55 > 0:03:59As you can see, the car looks in perfect condition.
0:03:59 > 0:04:01The engine is clean, the bodywork is clean.
0:04:01 > 0:04:03It's very well polished.
0:04:03 > 0:04:07When you get to the inside, it is valeted perfectly.
0:04:07 > 0:04:08But looks can be deceiving.
0:04:08 > 0:04:11Three weeks later, the car started acting up.
0:04:11 > 0:04:17It would stall only to then restart, and the engine management light appeared on the dashboard
0:04:17 > 0:04:20only to vanish again. Not very reassuring.
0:04:20 > 0:04:22Clive put more oil in the car
0:04:22 > 0:04:26and made sure that everything was as it should be.
0:04:26 > 0:04:29He then drove the car to a local pub.
0:04:29 > 0:04:33At that point he couldn't get the car to start at all.
0:04:33 > 0:04:36We left the car there overnight and the next day,
0:04:36 > 0:04:40we called the RAC out who attended the car.
0:04:42 > 0:04:44They said it was misfiring.
0:04:44 > 0:04:47They changed one of the spark plugs on the car and at that point,
0:04:47 > 0:04:51the car seemed OK, once again.
0:04:51 > 0:04:55The couple called Blue Gate Cars to discuss the issues they were having
0:04:55 > 0:04:59and to find out whether any of these problems were covered in their warranty.
0:04:59 > 0:05:01But despite repeated phone calls,
0:05:01 > 0:05:03they were not getting the answers they wanted.
0:05:03 > 0:05:06It felt like they were being fobbed off by the salesman, Danny.
0:05:08 > 0:05:12He tried to say, "There's nothing wrong with the car."
0:05:12 > 0:05:16At this point, he had started to not answer the phone very much to us.
0:05:16 > 0:05:21We were both trying. I then resorted to e-mailing him about the car.
0:05:21 > 0:05:26But the e-mails were never responded to, and the car continued to act up,
0:05:26 > 0:05:29leaving the family back down to their one car.
0:05:29 > 0:05:32It caused an inconvenience to me and my wife.
0:05:32 > 0:05:35It's the not knowing whether you'll get to a place you're going to.
0:05:35 > 0:05:41We bought it for the reliability and we're not sure of that any more.
0:05:41 > 0:05:46With its MOT looming, the couple decided to take the car into a main Mazda garage
0:05:46 > 0:05:47for a full-service.
0:05:47 > 0:05:49But they were in for a shock.
0:05:50 > 0:05:55It had engine management failure, catalytic converter failure.
0:05:55 > 0:05:59There was no engine under tray. There was a misfire on cylinder two.
0:05:59 > 0:06:02The lumber centre failed its MOT on emissions
0:06:02 > 0:06:07and the rear brake pads were not as they should be.
0:06:07 > 0:06:09There were bindings on the front brakes
0:06:09 > 0:06:11and the rear break discs were rusty.
0:06:11 > 0:06:15When I got this list, I was absolutely devastated.
0:06:17 > 0:06:21- I was really upset, really shocked. - I am not surprised,
0:06:21 > 0:06:24as Mazda had also told them the car was not fit for purpose
0:06:24 > 0:06:27or roadworthy in its present condition.
0:06:27 > 0:06:29Once again, Danielle got on the phone.
0:06:29 > 0:06:32The first time I tried to reject the car was over the phone.
0:06:32 > 0:06:35I spoke to Danny and he said I couldn't reject the car
0:06:35 > 0:06:37because we had had the car and we had driven the car.
0:06:37 > 0:06:40I then sent a letter and an e-mail.
0:06:40 > 0:06:44The e-mail had no response at all and the registered letter,
0:06:44 > 0:06:47they refused to sign for the letter.
0:06:49 > 0:06:51With their rejection being refused,
0:06:51 > 0:06:55the couple kept up their chase with Blue Gate Cars and eventually
0:06:55 > 0:06:58Danny the salesman agreed to the work needed on the Mazda.
0:06:58 > 0:07:03But over a week and half passed and still no work was done on the car.
0:07:03 > 0:07:06Danny told the couple his workshop was too busy.
0:07:06 > 0:07:11He said we could pay to have the car fixed ourselves and bill them.
0:07:11 > 0:07:15But that was about the best gesture he could offer at that point,
0:07:15 > 0:07:18which we were obviously not willing to do
0:07:18 > 0:07:21after he had messed us around so much.
0:07:21 > 0:07:26Things continued to go downhill when Danny broke some news to Danielle.
0:07:26 > 0:07:30He stated the car had not been bought through Blue Gate Cars
0:07:30 > 0:07:34but through a company called Diamond Tyres and Car Repairs Limited,
0:07:34 > 0:07:38meaning Blue Gate Cars had no legal responsibility towards it.
0:07:38 > 0:07:44But that wasn't all. He stated the car had been sold to them as scrap.
0:07:44 > 0:07:48This is a copy of the receipt from Diamond Tyres and Cars.
0:07:48 > 0:07:54On the sale certificate, it states "the above-mentioned vehicle is not fit for purpose.
0:07:54 > 0:07:58"The customer accepts responsibility to put it in a roadworthy condition.
0:07:58 > 0:08:04"The car is sold with defects, faults, repairs and lights on dashboard."
0:08:04 > 0:08:06That is not the car that I purchased.
0:08:07 > 0:08:11As on the original advert, and according to Danielle at the point of sale,
0:08:11 > 0:08:14there was no mention of it not being fit for purpose or scrap.
0:08:16 > 0:08:20Blue Gate Cars was now ignoring all of the couple's complaints
0:08:20 > 0:08:22and Danielle desperately needed their second car.
0:08:24 > 0:08:28Reluctantly, they paid over £500 to a local garage to fix their car
0:08:28 > 0:08:31and get it to the point of being roadworthy.
0:08:32 > 0:08:36I thought Dom might be able to get across to Blue Gate Cars,
0:08:36 > 0:08:40how much they are affecting people's lives and thought that maybe
0:08:40 > 0:08:46he could help us pursue this and get our money back.
0:08:46 > 0:08:51Danielle and Clive's story sounds like a nightmare from start to finish.
0:08:51 > 0:08:54Blue Gate Cars have a very strange way of doing business.
0:08:54 > 0:08:56Firstly, they sell a car under one company name.
0:08:56 > 0:09:00When you get your receipt, it's got a completely different one on it.
0:09:00 > 0:09:05Also, they describe the car in a way that completely contradicts the paperwork they give you.
0:09:05 > 0:09:08I think it's time I looked into this company.
0:09:09 > 0:09:11When it comes to the buying and selling of used vehicles,
0:09:11 > 0:09:16car dealers have a massive 74% share of the market.
0:09:16 > 0:09:20This generates over £28 billion worth of sales annually.
0:09:20 > 0:09:24Blue Gate Cars are one of these dealers.
0:09:24 > 0:09:27I have been doing a little bit of research into them.
0:09:27 > 0:09:31They're based in East London. One guess who is right next door to them?
0:09:31 > 0:09:33Sadly, there are no prizes for right answers.
0:09:33 > 0:09:36It is Diamond Tyres and Car Repairs Limited.
0:09:36 > 0:09:38That's who Danielle's contract was with
0:09:38 > 0:09:40and they're going to be my first port of call.
0:09:49 > 0:09:53There are tens of thousands of used cars for sale at any one time in the UK
0:09:53 > 0:09:55and if you pick a good one,
0:09:55 > 0:09:58you should end up with years of trouble-free motoring.
0:09:58 > 0:10:00But if you're no mechanic, how do you know
0:10:00 > 0:10:02if you're buying a peach or a lemon?
0:10:05 > 0:10:08To help us gain fruit from the tree of mechanical knowledge,
0:10:08 > 0:10:12we have William, a mechanics instructor at West Thames College.
0:10:12 > 0:10:18Buying a second car is risky because you can't see inside an engine.
0:10:18 > 0:10:21You can't see inside the gearbox.
0:10:21 > 0:10:23If you're buying a car sold as seen,
0:10:23 > 0:10:26once you have taken the car down the road, there is no warranty.
0:10:28 > 0:10:32OK, so, before you buy, there are certain checks that we consumers can do
0:10:32 > 0:10:36to make sure what we're breaking the bank for doesn't break down.
0:10:36 > 0:10:38When you're buying a second-hand car,
0:10:38 > 0:10:41there's a few things you should look for in the body.
0:10:41 > 0:10:44If we have a look at this Corsa, the door gap here is different
0:10:44 > 0:10:50from the top to the bottom, so it is obvious there has been an accident at the front
0:10:50 > 0:10:52and it has pushed the body in.
0:10:52 > 0:10:56What we can look for in the boot of the vehicle is the crumble zone
0:10:56 > 0:10:59where it has had a rear end accident and smash.
0:10:59 > 0:11:02They've repaired the bumper and it all looks nice on the outside but
0:11:02 > 0:11:06when you open the bonnet and lift up the carpet here it's all crumbled.
0:11:06 > 0:11:08Folded in.
0:11:08 > 0:11:10If you're looking at a wheel it may look pretty with a nice
0:11:10 > 0:11:16hubcap on there but when it's removed there's dents and things
0:11:16 > 0:11:21so it's been driven up and down curves or abused.
0:11:21 > 0:11:22Leaking oil,
0:11:22 > 0:11:26if we look at the car over here there's a little puddle underneath.
0:11:26 > 0:11:29You can see that it's a little telltale sign
0:11:29 > 0:11:32that there's leaks on the vehicle.
0:11:32 > 0:11:35All these checks are easy enough for anyone to do
0:11:35 > 0:11:38and there are yet more ways in which you can buy with added confidence.
0:11:39 > 0:11:43Have a good look, take your time.
0:11:43 > 0:11:45Start her, warm the engine up to see if there's any
0:11:45 > 0:11:47smoke coming out the back,
0:11:47 > 0:11:50the temperature gauge is working. Little things.
0:11:50 > 0:11:52Take it for a test drive.
0:11:52 > 0:11:55Obviously, if the chap says you can't take it for a test drive
0:11:55 > 0:11:58and you can't do some of the things you want to do, walk away.
0:12:00 > 0:12:03OK, you've test driven the car, it all seems OK.
0:12:03 > 0:12:06Plus it seems to have months left on the MOT.
0:12:06 > 0:12:09But that isn't always a sign that everything is fine.
0:12:11 > 0:12:15The MOT covers suspension, brakes and things.
0:12:15 > 0:12:16When you're buying a motor vehicle
0:12:16 > 0:12:20and the MOT's only got nine months or eight months left on the vehicle,
0:12:20 > 0:12:25where has it been in that three or four months?
0:12:25 > 0:12:27Check the mileage. Has it got a lot of mileage?
0:12:27 > 0:12:29Is there any damage been done since then?
0:12:29 > 0:12:33The MOT doesn't mean to say the condition of the car
0:12:33 > 0:12:35is in good mechanical working order.
0:12:35 > 0:12:37It's only a pass on that day.
0:12:38 > 0:12:41So what can we do about getting a definitive answer on a car's
0:12:41 > 0:12:43road worthiness?
0:12:43 > 0:12:46My advice, get an independent mechanic or could you
0:12:46 > 0:12:52ask for a new MOT? Some garages now do £30, £35 for an MOT.
0:12:52 > 0:12:56It's not a lot to ask. Could you have an up to date, brand-new MOT?
0:12:56 > 0:13:01If they refuse, say they're not going to, there may be a reason.
0:13:01 > 0:13:03Even if you offer to pay for the MOT yourself.
0:13:03 > 0:13:05All duly noted, William.
0:13:05 > 0:13:08So, when buying a second-hand car, remember,
0:13:08 > 0:13:11if you want that extra piece of mind ask for a new MOT.
0:13:12 > 0:13:14Study the car's service history.
0:13:14 > 0:13:17Make sure everything that should have happened to the car to
0:13:17 > 0:13:20maintain its upkeep is all present and correct.
0:13:21 > 0:13:24Take a checklist with you of what to look over on any car.
0:13:24 > 0:13:27Work your way through the list methodically checking every
0:13:27 > 0:13:28part of the vehicle.
0:13:31 > 0:13:34Remember those tips next time you want to buy a used motor
0:13:34 > 0:13:36and hopefully, you won't get taken for a ride.
0:13:43 > 0:13:45I've been called in to help Danielle
0:13:45 > 0:13:51and Clive Deighton from Essex after their £2,300 second-hand car turned
0:13:51 > 0:13:53out to be nothing like what they thought they were buying.
0:13:55 > 0:13:58Since we've had it various things have gone wrong with it.
0:13:58 > 0:14:02I put oil in about every two to three weeks, a litre of oil.
0:14:02 > 0:14:04There's no sign of any leaking out of the bottom
0:14:04 > 0:14:06so I assume it's burning the oil.
0:14:06 > 0:14:09The couple paid out...
0:14:09 > 0:14:11Just to get the car road worthy but have
0:14:11 > 0:14:14since been told by Blue Gate Cars that it was sold to them
0:14:14 > 0:14:18as scrap and from a different company called Diamond Tyres.
0:14:18 > 0:14:21This means Blue Gate Cars is not legally responsible
0:14:21 > 0:14:26for the car. I think it's time I started my own form of repairs.
0:14:26 > 0:14:29I've done some checks and I've found out that Diamond Tyres
0:14:29 > 0:14:31and Car Repairs Ltd is a registered company
0:14:31 > 0:14:35and the director of that is called Khurum Khalid.
0:14:36 > 0:14:39So, let's give Khurum Khalid a call.
0:14:42 > 0:14:44- Hello.- Hi, is that Khurum?- Yes.
0:14:44 > 0:14:47It's Dominic Littlewood calling from the BBC. Good afternoon.
0:14:47 > 0:14:49Good afternoon to you too.
0:14:49 > 0:14:52Khurum is happy for us to use his side of the conversation
0:14:52 > 0:14:54so I bring him up to speed with the case.
0:14:54 > 0:14:58The Deightons may have had all their discourse with salesman Danny
0:14:58 > 0:15:02at Blue Gate Cars but their contract is with Khurum's company.
0:15:02 > 0:15:05Confusing, eh? She has requested a refund.
0:15:05 > 0:15:07We would like to try and sort that out and see
0:15:07 > 0:15:10if we can initiate that refund and get that done for her.
0:15:10 > 0:15:14- Give me the details, please. - The lady's called Danielle Deighton.
0:15:14 > 0:15:16Danielle Deighton, OK.
0:15:16 > 0:15:21She bought a Mazda 6 from you on the 28th of April, 2013.
0:15:21 > 0:15:24I've got the advert here from Auto Trader.
0:15:24 > 0:15:27And it sounds lovely in the advert but as you've probably
0:15:27 > 0:15:30realised she found out it had a lot of major problems afterwards.
0:15:30 > 0:15:34Hopefully Khurum is going to review Danielle's case.
0:15:34 > 0:15:37I'd like you to acknowledge the fact that this car does have major
0:15:37 > 0:15:40- problems. - I have to speak to my colleague.
0:15:40 > 0:15:44- Then we take it from there.- Smashing.
0:15:44 > 0:15:46I'll look forward to speaking to you then.
0:15:46 > 0:15:48- Thank you.- Thanks, bye-bye.
0:15:48 > 0:15:51OK, it's Friday, which it is.
0:15:51 > 0:15:53We'll have an answer for you before Tuesday.
0:15:53 > 0:15:57The important point was he is the director, he's taken the call.
0:15:57 > 0:15:58I've confirmed his mobile
0:15:58 > 0:16:03so I'm expecting on Tuesday they're probably going to take it back.
0:16:03 > 0:16:08And all I'll say is if they don't, well,
0:16:08 > 0:16:09watch out and see what happens.
0:16:10 > 0:16:12Because I'll be reaching for the rule book
0:16:12 > 0:16:16and speaking of rules I think it's time you found out just what
0:16:16 > 0:16:19rights you had when buying a used vehicle.
0:16:19 > 0:16:22Enter consumer rights expert Richard Headland.
0:16:22 > 0:16:25When you're buying a second-hand car it really depends where you're
0:16:25 > 0:16:28buying it from as to what rights you get under the law.
0:16:28 > 0:16:30So, if you buy from a dealer, whether that's a franchise dealer or
0:16:30 > 0:16:33an independent dealer you're covered by the Sale of Goods Act.
0:16:33 > 0:16:36That means the car has to be as described, fit for purpose
0:16:36 > 0:16:38and of satisfactory quality.
0:16:39 > 0:16:42As I thought, the law is on Danielle and Clive's side,
0:16:42 > 0:16:44as the couple were led to believe
0:16:44 > 0:16:46they were buying a good condition family car.
0:16:46 > 0:16:50But the subsequent report from Mazda stated that their car was not
0:16:50 > 0:16:53fit for purpose and un-roadworthy.
0:16:53 > 0:16:56If something goes wrong with the car in the first six months after
0:16:56 > 0:16:59you buy it, the onus is on the seller to prove to you that there
0:16:59 > 0:17:03was not something wrong with the car when you bought it.
0:17:03 > 0:17:07And it only took three weeks before things started going wrong
0:17:07 > 0:17:08with Danielle's Mazda.
0:17:08 > 0:17:11And so far, Blue Gate Cars hasn't lifted a finger to help.
0:17:13 > 0:17:15So, what about the original advert?
0:17:15 > 0:17:17Some of it may be correct but not all of it,
0:17:17 > 0:17:20and it definitely didn't mention it was not fit for purpose.
0:17:20 > 0:17:23They have to make sure their description is accurate
0:17:23 > 0:17:26and obviously things like mileage should be accurate.
0:17:26 > 0:17:28Any kind of problems with the car.
0:17:28 > 0:17:31All of that stuff should be in good order before they try to sell it.
0:17:31 > 0:17:34And that certainly doesn't seem to be the case with Danielle's Mazda,
0:17:34 > 0:17:37and Blue Gate have passed the buck to Diamond,
0:17:37 > 0:17:40who, according to the paperwork, were selling it as scrap.
0:17:40 > 0:17:41How confusing.
0:17:44 > 0:17:48'Well, the weekend has been and gone and so has Monday and Tuesday
0:17:48 > 0:17:50'and still no call back from Khurum Khalid,
0:17:50 > 0:17:53'company director of Diamond Tyres.
0:17:54 > 0:17:56'But I've managed to track him down.
0:17:56 > 0:17:58'Only for him to tell us that Diamond Tyres
0:17:58 > 0:18:01'and Car Repair Ltd has gone into liquidation.'
0:18:01 > 0:18:04And that is who Danielle's contract is with.
0:18:05 > 0:18:08This could potentially mean that anyone who is owed money
0:18:08 > 0:18:10by this company cannot start or continue legal
0:18:10 > 0:18:13'proceedings against them whilst in liquidation.
0:18:13 > 0:18:16'Not good at all, if true.'
0:18:17 > 0:18:20In answer to this news we've put together an e-mail to Khurum
0:18:20 > 0:18:23and in it we've told him that Danielle and Clive have every right
0:18:23 > 0:18:28to reject their car under Section 14 of the Sale of Goods Act 1979.
0:18:28 > 0:18:31Because it wasn't fit for purpose or as described.
0:18:31 > 0:18:34And in the original Auto Trader advert it wasn't
0:18:34 > 0:18:35advertised as scrap.
0:18:35 > 0:18:39And if he is adamant that car was sold under Diamond Tyre Car
0:18:39 > 0:18:43Repairs Ltd, not Blue Gate, there's also false advertising going on.
0:18:43 > 0:18:46And I've also checked with Companies House and they tell me
0:18:46 > 0:18:49that Diamond Tyres and Car Repairs Ltd is not in liquidation.
0:18:49 > 0:18:51It's still very much active.
0:18:51 > 0:18:55Let's see what he's got to say about that, shall we?
0:18:55 > 0:18:56Sent.
0:18:58 > 0:19:01Danielle and Clive have tried to reject the car right from the
0:19:01 > 0:19:05start of this saga believing it was not fit for purpose.
0:19:05 > 0:19:09But despite having shelled out over £500 to get it road-worthy
0:19:09 > 0:19:11and through its MOT, it's still not right.
0:19:13 > 0:19:16We are on our way down to a garage to get a final
0:19:16 > 0:19:18opinion on what's wrong with the car,
0:19:18 > 0:19:21how much it's going to cost to fix and where to go from here.
0:19:22 > 0:19:25I also want the couple to try and work out
0:19:25 > 0:19:27whether the problems with the car could have been
0:19:27 > 0:19:31present at the point of sale or whether it's something they've done.
0:19:31 > 0:19:33Enter mechanic Robert Milligan.
0:19:35 > 0:19:38Is the car misfiring, playing around at the moment?
0:19:38 > 0:19:42At the moment there's a lot of black smoke coming out of the car.
0:19:42 > 0:19:45And it's generally not working very well.
0:19:46 > 0:19:48OK, let's run it in and have a look.
0:19:49 > 0:19:52As a starting point of investigation Robert hooks the Mazda up to
0:19:52 > 0:19:54a diagnostic machine.
0:19:55 > 0:19:57The car itself, most of the work you've had done,
0:19:57 > 0:20:00I can't fault anything on it today.
0:20:00 > 0:20:02Very hard for me to actually make a judgment call
0:20:02 > 0:20:05on what the vehicle was like when you bought it.
0:20:06 > 0:20:11Fair enough, but despite all said, the car is still not 100% right.
0:20:12 > 0:20:17- Robert digs a little deeper. - I'm just taking out the coil packs.
0:20:17 > 0:20:19Have a look at the spark plugs
0:20:19 > 0:20:24to see if I can see what cylinder is causing the oil.
0:20:26 > 0:20:28Definitely burning oil in cylinder two.
0:20:28 > 0:20:31If you look at that spark plug it's all crystallised up.
0:20:32 > 0:20:35That's the burning oil in the cylinder that's doing it.
0:20:35 > 0:20:37That's how a spark plug should look.
0:20:37 > 0:20:40As you had these changed eight months ago,
0:20:40 > 0:20:42that's how they should all look.
0:20:42 > 0:20:44What the actual problem is I couldn't tell you.
0:20:44 > 0:20:47All I can tell you is it's burning oil in cylinder two.
0:20:47 > 0:20:51Could be a sticky piston ring. Could be a worn bore.
0:20:51 > 0:20:53So how does damage like this come about?
0:20:55 > 0:20:58If the car has been run low on oil over its life.
0:20:59 > 0:21:02To diagnose that problem of where your oil's burning I'm going to
0:21:02 > 0:21:05have to remove the cylinder head.
0:21:05 > 0:21:07And have a look inside the bore.
0:21:07 > 0:21:12You're into at least £1,200-1,500 to diagnose the actual fault.
0:21:12 > 0:21:15To put the engine back together again so you could drive it.
0:21:15 > 0:21:17What's the worst case scenario?
0:21:17 > 0:21:20All said and done you're talking about a new engine.
0:21:20 > 0:21:22And how much would a new engine cost?
0:21:24 > 0:21:28Off the top of my head about 5,000-5,500.
0:21:29 > 0:21:32So it's not worth it for the amount we paid for the car.
0:21:33 > 0:21:355,500?
0:21:36 > 0:21:38- Wow!- Ouch.
0:21:38 > 0:21:42Not good news and it's more than double what they paid for the car.
0:21:42 > 0:21:45But these types of problems don't just appear overnight.
0:21:46 > 0:21:50If this car had been run low on oil before our couple bought it,
0:21:50 > 0:21:53it could explain why from day one of owning it,
0:21:53 > 0:21:57it always had a smoky exhaust and been using excessive oil.
0:21:58 > 0:22:01We've decided we don't want the car.
0:22:01 > 0:22:08It can't fulfil our uses and we want to give the car back
0:22:08 > 0:22:10and get our money back.
0:22:13 > 0:22:16And they're not the only ones I've heard from
0:22:16 > 0:22:18who have had an unhappy experience with Blue Gate cars.
0:22:20 > 0:22:23Meet Stephanie Baynes from east London.
0:22:23 > 0:22:27In May 2013, she also bought a car from them.
0:22:27 > 0:22:30Stephanie looked at cars on both the Blue Gate
0:22:30 > 0:22:32and Diamond Tyres forecourts.
0:22:32 > 0:22:34After a lot of um-ing and ah-ing,
0:22:34 > 0:22:36she thought one vehicle in particular stood out.
0:22:36 > 0:22:39It was Kia Sorento, 4x4 estate,
0:22:39 > 0:22:44so I said to Danny, "I really like this car, I really want this car."
0:22:44 > 0:22:46Hold on a second!
0:22:46 > 0:22:48Danny the salesman?
0:22:48 > 0:22:51The very same man the Deightons bought their car from?
0:22:52 > 0:22:57Stephanie agreed to buy the Kia at £3,650 from Blue Gate Cars,
0:22:57 > 0:22:59but just like Danielle...
0:22:59 > 0:23:04It said on the paperwork, "This car is not fit for any purpose."
0:23:04 > 0:23:06Well, I asked him, "Does this apply to me?
0:23:06 > 0:23:09"This makes no sense." He said, "No, there's nothing wrong."
0:23:09 > 0:23:11I said, "Are you sure?" He said, "Yeah."
0:23:11 > 0:23:13I put the date and everything, finished signing,
0:23:13 > 0:23:19then he stamped Diamond Tyres & Car Repair on the receipt.
0:23:19 > 0:23:23Stephanie thought this strange, but accepted it at the time,
0:23:23 > 0:23:26as Danny appeared to work for both companies.
0:23:26 > 0:23:30The similarities to Danielle's case didn't end there.
0:23:30 > 0:23:33Just under three weeks later, the car smelled of diesel.
0:23:33 > 0:23:35Water was escaping from somewhere
0:23:35 > 0:23:37and black smoke was coming from the exhaust.
0:23:40 > 0:23:44Blue Gate cars tried to tell her it was normal for a 2003 car
0:23:44 > 0:23:48to do this and some injector cleaner would help.
0:23:48 > 0:23:49Unsatisfied with the response,
0:23:49 > 0:23:54Stephanie paid £90 to a Kia garage to inspect the Sorento.
0:23:54 > 0:23:57Kia said there was an internal problem with the engine
0:23:57 > 0:24:01and advised from the technician not to be driven too far.
0:24:03 > 0:24:06What followed was weeks of chasing Blue Gate Cars
0:24:06 > 0:24:10to fix the Kia's issues and, most importantly, the injectors.
0:24:11 > 0:24:14Danny reluctantly took the car in for 11 days
0:24:14 > 0:24:16and did the work Kia recommended.
0:24:17 > 0:24:21But even after this, the car's condition continued to go downhill
0:24:21 > 0:24:24and, finally, it broke down in a very dangerous manner.
0:24:25 > 0:24:27The clutch wouldn't raise up at all.
0:24:27 > 0:24:30The key was stuck in the engine, it wouldn't turn off,
0:24:30 > 0:24:32it was just smoking up the whole road
0:24:32 > 0:24:36and that could have caused a serious, serious accident on the road.
0:24:38 > 0:24:42Stephanie called a tow truck, who took her to a local garage.
0:24:42 > 0:24:44Their report was worse than Kia's.
0:24:44 > 0:24:48As he turned on the car, he said that the engine's gone.
0:24:48 > 0:24:50It's completely gone.
0:24:50 > 0:24:54And unfortunately for Stephanie, she also discovered that the work
0:24:54 > 0:24:57Blue Gate had said they'd done hadn't been done.
0:24:57 > 0:25:01He was meant to sort the engine out, the water hose, everything,
0:25:01 > 0:25:03and he didn't do anything.
0:25:03 > 0:25:08The same problems that it went in with, it came back out with,
0:25:08 > 0:25:09so he didn't touch it at all.
0:25:11 > 0:25:14I took it to a few mechanics and most of them said to me
0:25:14 > 0:25:16if I ever try to turn on the engine and move,
0:25:16 > 0:25:18it'll basically be a mini bomb.
0:25:21 > 0:25:24At this stage, the car was left parked on a friend's driveway
0:25:24 > 0:25:27with Blue Gate refusing to take it back.
0:25:27 > 0:25:30Stephanie was frustrated, to say the least,
0:25:30 > 0:25:34having got nowhere with Danny from Blue Gate Cars.
0:25:34 > 0:25:36I played by his rules for such a long time.
0:25:36 > 0:25:38Now it was time for him to play by my rules.
0:25:38 > 0:25:41Stephanie decided the only route left to her
0:25:41 > 0:25:45was to take Diamond Tyres & Car Repairs Ltd to court
0:25:45 > 0:25:46to get her money back,
0:25:46 > 0:25:49as this was who her contract was with.
0:25:49 > 0:25:52I had to fill in the form, send off all my evidence,
0:25:52 > 0:25:56photos, whatever I had, which I've sent back to the courts
0:25:56 > 0:26:00and it took a while before I got a hearing date.
0:26:00 > 0:26:02And once she had got it, it was full steam ahead.
0:26:02 > 0:26:07And on the allotted day, Diamond Tyres failed to defend themselves.
0:26:07 > 0:26:09The judge awarded me
0:26:09 > 0:26:11money back for the car instantly
0:26:11 > 0:26:16and then for the loss of the insurance, loss of the towing.
0:26:16 > 0:26:20The judge had awarded in Stephanie's favour, but had given Diamond Tyres
0:26:20 > 0:26:23one last chance to pay before a final hearing.
0:26:23 > 0:26:25But the good news didn't last long.
0:26:25 > 0:26:29Stephanie heard that Diamond Tyres were going into liquidation.
0:26:29 > 0:26:32Stephanie sprang into action.
0:26:32 > 0:26:34I did research into it -
0:26:34 > 0:26:36can a company actually close down whilst they're going through
0:26:36 > 0:26:39a proceeding and they've actually contested against it?
0:26:39 > 0:26:41It said, "If a company wants to close down,
0:26:41 > 0:26:44"they must not owe any creditors,
0:26:44 > 0:26:47"they must not be going through any legal proceeding,"
0:26:47 > 0:26:50so in order for me to stop that,
0:26:50 > 0:26:53what I had to do was write in to Companies House
0:26:53 > 0:26:57with all my evidence stating that he is going through a legal procedure,
0:26:57 > 0:27:01legal battle with me, so he cannot close a company down.
0:27:01 > 0:27:02It's now a waiting game to find out
0:27:02 > 0:27:05whether Diamond Tyres will do the right thing.
0:27:06 > 0:27:09Her approach to Companies House has got me thinking
0:27:09 > 0:27:12about what laws are in place to protect consumers
0:27:12 > 0:27:15who have issues with a limited company who liquidate
0:27:15 > 0:27:17and leave people out of pocket.
0:27:17 > 0:27:19To find out more,
0:27:19 > 0:27:21I've come to meet Nick Howard from the Insolvency Service.
0:27:23 > 0:27:26Nick, I believe there's a lot of naivety out there as far as
0:27:26 > 0:27:30people's perception of Companies House and the Insolvency Service.
0:27:30 > 0:27:31Can you tell me what the difference is?
0:27:31 > 0:27:33Yeah, Companies House is broadly there
0:27:33 > 0:27:35to record what happens during a company's life,
0:27:35 > 0:27:38so it's there at the birth of the company and it's there at the death.
0:27:38 > 0:27:40We come in at the end of a company's life
0:27:40 > 0:27:43and we're a rather more proactive organisation
0:27:43 > 0:27:45that investigates conduct of directors,
0:27:45 > 0:27:48so if a company becomes insolvent, that's when we come on the scene
0:27:48 > 0:27:50and we're there to look at what's happened
0:27:50 > 0:27:52and the cause as to why that insolvency has occurred.
0:27:52 > 0:27:55We have powers to take disqualification orders
0:27:55 > 0:27:56out against directors,
0:27:56 > 0:28:00so if we think they're not fit people to be running limited companies
0:28:00 > 0:28:01then we go to the court and we say,
0:28:01 > 0:28:04"We've got this evidence which shows that they're not fit people,"
0:28:04 > 0:28:07and the court can then make a disqualification order.
0:28:07 > 0:28:09But the worse-case scenario can often be
0:28:09 > 0:28:12before the Insolvency Service even get involved.
0:28:12 > 0:28:15A director may think, "I'm going to be made insolvent soon,
0:28:15 > 0:28:17"so what I'll do is I'll move all the assets out of this company
0:28:17 > 0:28:19"into a different company
0:28:19 > 0:28:22"and prevent the liquidator getting their hands on them."
0:28:22 > 0:28:25Is that a criminal offence? Is that something you can act upon?
0:28:25 > 0:28:26It could be, it could be.
0:28:26 > 0:28:27A criminal offence,
0:28:27 > 0:28:31obviously a very high standard of evidence is required to prove,
0:28:31 > 0:28:34but it would certainly be action we could take on a civil basis
0:28:34 > 0:28:37to recover those assets and make sure they end up in the right place,
0:28:37 > 0:28:40so the creditors of that company get the benefit of the assets
0:28:40 > 0:28:42that should be in that company.
0:28:43 > 0:28:45Great, so there is protection out there,
0:28:45 > 0:28:48and if I can't get a result dealing with Khurum Khalid,
0:28:48 > 0:28:52Danielle and Clive will potentially have to take him to court.
0:28:52 > 0:28:55With this in mind, I passed on the news that Diamond
0:28:55 > 0:28:58are yet again threatening to liquidate.
0:28:58 > 0:29:00So I have contacted Companies House
0:29:00 > 0:29:03in order to stop them shutting the company down.
0:29:03 > 0:29:07Companies House replied back the next day with this response.
0:29:07 > 0:29:09"Dear Danielle, thank you for e-mail.
0:29:09 > 0:29:11"Should you go ahead and decide to send an objection,
0:29:11 > 0:29:15"we would be grateful if you would confirm in your reply
0:29:15 > 0:29:19"whether you would be agreeable for your identity as the objector
0:29:19 > 0:29:24"to be disclosed should an enquiry be received."
0:29:24 > 0:29:27Danielle doesn't mind in the slightest and immediately responds,
0:29:27 > 0:29:30sending all of her paperwork through to them.
0:29:30 > 0:29:33I feel that I'm on a positive note, now there is a way forward,
0:29:33 > 0:29:36and I'm maybe able to stop them closing down
0:29:36 > 0:29:38and hopefully get some justice.
0:29:38 > 0:29:40Oh, that's my favourite word, Danielle.
0:29:40 > 0:29:43But let's hope I can sort this out with Diamond
0:29:43 > 0:29:45before you have to go through yet another battle.
0:29:50 > 0:29:52Thanks to the internet,
0:29:52 > 0:29:55selling our second-hand items has never been easier.
0:29:55 > 0:29:57You take a picture, write a brief description
0:29:57 > 0:30:00and upload the information to one of any number of websites.
0:30:00 > 0:30:02But if you don't want the hard work,
0:30:02 > 0:30:05there are companies out there who would do it for you.
0:30:05 > 0:30:08You sell them your items in return for a cash lump sum.
0:30:08 > 0:30:11But is it really as easy as all that?
0:30:13 > 0:30:15Well, not according to student Elizabeth Berry,
0:30:15 > 0:30:18who lives in Birmingham with her young son.
0:30:18 > 0:30:20She used one of these companies
0:30:20 > 0:30:23when it came to getting rid of an unwanted smartphone.
0:30:24 > 0:30:27The phone I was selling was a white iPhone 4, 16GB.
0:30:27 > 0:30:29It was in perfect condition,
0:30:29 > 0:30:33it had a case on it from the moment I got it and a screen cover.
0:30:33 > 0:30:36I went on the price comparison site, putting my phone's details
0:30:36 > 0:30:39and it came up with a list of phone companies
0:30:39 > 0:30:40who would give me money for it.
0:30:40 > 0:30:43There was quite a broad range of values to choose from,
0:30:43 > 0:30:46with the lowest one being about £60.
0:30:46 > 0:30:50The top one was Cash4phones with, I think it was about £132.
0:30:52 > 0:30:54That was the best one, really.
0:30:54 > 0:30:55Not only was it the top price,
0:30:55 > 0:30:58but it was also a company Elizabeth recognised.
0:30:58 > 0:31:02I had heard of Cash4phones before. I had seen TV advertisements.
0:31:02 > 0:31:06- ADVERT:- 'Where can you get cash for your old mobile? Cash4phones!
0:31:06 > 0:31:11'Who offers up to 150 quid with no hidden costs? Cash4phones!
0:31:11 > 0:31:13'And who offers a fast service,
0:31:13 > 0:31:15'usually paying within 24 hours of receiving your phone?
0:31:15 > 0:31:16'Cash4phones!
0:31:19 > 0:31:20'It's all in the name!'
0:31:20 > 0:31:22After finding out that Cash4phones would give me
0:31:22 > 0:31:25the most money for my phone, I went on to their website,
0:31:25 > 0:31:26made an account with them
0:31:26 > 0:31:29and told them that I'd like to pursue this
0:31:29 > 0:31:32and they said that they'd send me a bag in the post
0:31:32 > 0:31:33and send it back to them
0:31:33 > 0:31:36and then I'd get my money within two to three days.
0:31:38 > 0:31:41What a service! Sure enough, the postage bag arrived.
0:31:41 > 0:31:43It was a little on the flimsy side,
0:31:43 > 0:31:46so Elizabeth triple-wrapped her phone in bubble wrap
0:31:46 > 0:31:48to ensure its safe carriage.
0:31:48 > 0:31:50The only thing left to do was to pop it in the post
0:31:50 > 0:31:52and wait for the cash.
0:31:52 > 0:31:55A few days later, I hadn't received any money,
0:31:55 > 0:31:58so I went online, checked my e-mails, but there was nothing.
0:31:58 > 0:32:01So I checked my junk box and there was an e-mail from them.
0:32:03 > 0:32:05The e-mail said that the phone had excessive wear and tear
0:32:05 > 0:32:07with scratching on the screen
0:32:07 > 0:32:11and they could only offer me £47.60 for the phone now.
0:32:12 > 0:32:16I was really shocked by this, really, really shocked.
0:32:16 > 0:32:18I knew there was no scratching on the screen.
0:32:18 > 0:32:21It had a cover on it, there was no wear and tear -
0:32:21 > 0:32:24I was pretty angry, to be honest.
0:32:24 > 0:32:27Of course, we only have her word on the condition of the phone,
0:32:27 > 0:32:31but she adamant it was in tip-top nick.
0:32:31 > 0:32:33There was a time limit on the offer of five days.
0:32:33 > 0:32:36If I hadn't rejected or accepted this offer by then,
0:32:36 > 0:32:40they would automatically assume that I'd accepted it.
0:32:40 > 0:32:43It also said if you decline to accept this offer,
0:32:43 > 0:32:47you have to pay £8.95 to get your phone back.
0:32:47 > 0:32:51Elizabeth had missed this clause on the company website, where they also
0:32:51 > 0:32:53stated that the original offer
0:32:53 > 0:32:55on the phone was subject to its condition.
0:32:57 > 0:33:00Believing hers was in better condition than they were saying,
0:33:00 > 0:33:04Elizabeth complained to Cash4phones, who told her
0:33:04 > 0:33:07they would reassess her phone. Cue another e-mail.
0:33:07 > 0:33:10In that e-mail, she said they were now offering me
0:33:10 > 0:33:12£92 after reassessing the phone.
0:33:12 > 0:33:16At this point, I just wanted to accept the offer, I thought
0:33:16 > 0:33:18that if I paid the money to get my phone back
0:33:18 > 0:33:22and then resold my phone via another company, I wouldn't be making
0:33:22 > 0:33:25any more profit from it, so I decided to accept the offer.
0:33:28 > 0:33:29'And who offers a fast service,
0:33:29 > 0:33:32'usually paying within 24 hours of receiving your phone? Cash4phones!
0:33:32 > 0:33:35'It's all in the name!'
0:33:35 > 0:33:39They told me the money would be in my account by three working days.
0:33:40 > 0:33:42But it was another promise broken.
0:33:42 > 0:33:46The weeks of chasing dragged on and Elizabeth even threatened
0:33:46 > 0:33:48Cash4phones with the Small Claims Court.
0:33:48 > 0:33:52It took a while, but in the end it, seemed to have an effect.
0:33:52 > 0:33:54From the moment I sent my phone off to them,
0:33:54 > 0:33:57it took two and a half months for me to get my money.
0:33:57 > 0:34:01The consumer woes of this unregulated industry are well-known
0:34:01 > 0:34:04to former head of Trading Standards, Bryan Lewin.
0:34:04 > 0:34:08A seller of second-hand goods doesn't really have
0:34:08 > 0:34:10protections as such.
0:34:10 > 0:34:13There are certain things you can do to protect yourself.
0:34:13 > 0:34:17The first thing to do is never go to just one person.
0:34:17 > 0:34:20Why not go to a local person for a valuation?
0:34:20 > 0:34:24Someone who'd got a fixed premise, someone you could go back to
0:34:24 > 0:34:26if you were dissatisfied.
0:34:26 > 0:34:28Remember those tips
0:34:28 > 0:34:31because they could save you a lot of hassle in the long run.
0:34:31 > 0:34:34We tried to contact Cash4phones to comment on the issues
0:34:34 > 0:34:38raised in this story, but the company has now ceased trading,
0:34:38 > 0:34:41leaving £384,000 of debt,
0:34:41 > 0:34:44mostly made up from customers who
0:34:44 > 0:34:47never received payment for the phone they sent off.
0:34:47 > 0:34:48Elizabeth was lucky.
0:34:48 > 0:34:51I had no reason to believe that Cash4phones were not a reliable
0:34:51 > 0:34:54company. I'd seen adverts on TV
0:34:54 > 0:34:57and the website was very professional.
0:34:57 > 0:35:02Remember, all that glitters isn't necessarily gold.
0:35:02 > 0:35:06So if you're looking for a quick buck for your goods, remember
0:35:06 > 0:35:10the best offer might not necessarily be in your best interests.
0:35:15 > 0:35:20I've been helping the Deighton family with their second-hand car conundrum.
0:35:20 > 0:35:22The Mazda 6 they unwittingly bought
0:35:22 > 0:35:26from Diamond Tyres & Car Repairs Ltd wasn't fit for purpose
0:35:26 > 0:35:31and despite shelling out over £500 for repairs, they are now looking at
0:35:31 > 0:35:36a new engine for over £5,000, unless they can get their money back.
0:35:36 > 0:35:40If I can manage that, it will be up to the courts.
0:35:41 > 0:35:46I have contacted Companies House to put a block on Diamond Cars & Tyres
0:35:46 > 0:35:49closing down in order to get my money back.
0:35:51 > 0:35:56Stephanie also had to do the same and took Diamond Tyres to court
0:35:56 > 0:35:59and won, but the court postponed the final hearing,
0:35:59 > 0:36:03giving Diamond one last chance to pay out of court.
0:36:03 > 0:36:05So far, nothing has happened.
0:36:05 > 0:36:08This means the final decision will be in the judge's hands.
0:36:08 > 0:36:11Hopefully, everything works out perfectly smooth and he will pass
0:36:11 > 0:36:16judgment on the amount and I will be more happy then.
0:36:17 > 0:36:21With Stephanie's final court date looming and Danielle potentially
0:36:21 > 0:36:25facing the same prospects, it is time to get back onto Diamond Tyres.
0:36:27 > 0:36:31Let's give Khurum Khalid a call
0:36:31 > 0:36:34and see what he's got to say for himself. OK.
0:36:34 > 0:36:37'I ring exactly the same number I did last month.'
0:36:37 > 0:36:39Hello, is that Khurum?
0:36:39 > 0:36:42'The first thing I'm told is that there is no person called
0:36:42 > 0:36:44''Khurum working there.
0:36:44 > 0:36:47'So I ask for the salesman who sold the cars to both Danielle
0:36:47 > 0:36:49'and Stephanie.'
0:36:49 > 0:36:53What about Danny? It's Dominic Little calling from the BBC.
0:36:53 > 0:36:56'The man on the other end of the line gives his name as Ali
0:36:56 > 0:36:59'and tells me he is the owner of the business, but will not tell me
0:36:59 > 0:37:02'whether that is Diamond or Blue Gate Cars.
0:37:02 > 0:37:05'He again states he doesn't know a Khurum.'
0:37:05 > 0:37:07Well, I'm ringing his number, aren't I?
0:37:07 > 0:37:10'Eventually I manage to let him know why I am calling.
0:37:10 > 0:37:13'I again suggest that Diamond refunds Danielle for her
0:37:13 > 0:37:14'car before the court.
0:37:14 > 0:37:19'He tells me he will see her in court and I should be putting all this in writing.' Right.
0:37:19 > 0:37:22'Sorry, pal, been there, done that.'
0:37:22 > 0:37:25Khurum, Danny, or whoever I'm talking to, it's got to a point now
0:37:25 > 0:37:29where, because it hasn't been sorted out, Small Claims Court proceedings
0:37:29 > 0:37:32are about to be initiated if we don't sort this out on the phone today.
0:37:32 > 0:37:35'The man on the other end of the line tells me not to ring him up
0:37:35 > 0:37:39'and threaten him. Well, how about a simple question, then?'
0:37:39 > 0:37:41Let me ask you something.
0:37:41 > 0:37:43How can you advertise a car for £2,500
0:37:43 > 0:37:47and make someone sign a form to say it was a scrap vehicle?
0:37:47 > 0:37:50I am told the advert wasn't written by Blue Gate Cars
0:37:50 > 0:37:54and if Danielle wants to take them to court then let her.
0:37:54 > 0:37:56That's no problem at all, if that's what you want.
0:37:56 > 0:37:58Don't forget, it has just happened with Stephanie
0:37:58 > 0:38:00and you didn't come out of that very favourably.
0:38:00 > 0:38:04It could be done very nicely and you could just give the money back.
0:38:04 > 0:38:06I ask him again to refund Danielle.
0:38:06 > 0:38:09He just tells me to put my complaint in writing.
0:38:09 > 0:38:14Believe me, I will, for a second time, whoever you are.
0:38:14 > 0:38:18I was fairly abrupt and said this is what is going to happen
0:38:18 > 0:38:22if she doesn't get her money back. He said put it in writing, and I will call you back.
0:38:22 > 0:38:24Whether he does or not, I don't know.
0:38:24 > 0:38:30We're on that point where it could be court or give her her money back.
0:38:32 > 0:38:35It's now just over a week after my call to Diamond Tyres
0:38:35 > 0:38:38and they've yet to respond to my last call or e-mail
0:38:38 > 0:38:41asking for Danielle's refund, what a surprise.
0:38:41 > 0:38:44Talking of refunds, Stephanie is back for her final
0:38:44 > 0:38:48hearing at Bow County Court, as Diamond has failed to pay up.
0:38:48 > 0:38:49Yet another surprise.
0:38:50 > 0:38:53The best outcome for me would be actually getting the money
0:38:53 > 0:38:57back for the car, for the insurance I've paid out,
0:38:57 > 0:39:00for all the expenses over nine months that I had to spend
0:39:00 > 0:39:04and all the running up and down that Danny made me do throughout the time.
0:39:04 > 0:39:09Hopefully, the judge can see that and award me all of that.
0:39:09 > 0:39:12Stephanie heads inside and it only takes 40 minutes for the judge
0:39:12 > 0:39:14to make his decision.
0:39:23 > 0:39:25The day after court
0:39:25 > 0:39:28and I've arranged to meet with both Danielle and Stephanie.
0:39:28 > 0:39:30- I can't wait to hear how she got on. Hello.- Hi there.
0:39:30 > 0:39:32It's nice to meet you both, and obviously we had
0:39:32 > 0:39:34a chat before I got here,
0:39:34 > 0:39:36about the common denominator, the problem.
0:39:36 > 0:39:40- Yeah.- Yeah. Sum it up for me.
0:39:40 > 0:39:44I bought a car, I thought I was buying from Blue Gate Cars Ltd.
0:39:44 > 0:39:48But instead, I actually bought it from Diamond Tyres & Cars Repair.
0:39:48 > 0:39:50Why did you think you bought it from them?
0:39:50 > 0:39:53Because it was advertised on the Blue Gate Cars Ltd.
0:39:53 > 0:39:57When I actually went down to the showroom, it said on the banner
0:39:57 > 0:39:58Blue Gate Cars Ltd.
0:39:58 > 0:40:01My story virtually mirrors Stephanie's story.
0:40:01 > 0:40:05We didn't realise until quite a while after that we had purchased
0:40:05 > 0:40:06it from Diamonds Cars.
0:40:06 > 0:40:12Similar receipt. It had been stamped with Diamond Tyres.
0:40:13 > 0:40:18And it's Diamond who's ended up in court.
0:40:18 > 0:40:22Stephanie not only wanted her £3,650 back for the car
0:40:22 > 0:40:26but all her other incurred costs as well.
0:40:26 > 0:40:30- You were in court yesterday. - Yeah.- What happened?
0:40:30 > 0:40:32The judge actually totalled up all my expenses,
0:40:32 > 0:40:36my insurance policies, the cost of the car, plus my compensation,
0:40:36 > 0:40:40so a grand total of £5,618.
0:40:40 > 0:40:44- Wow. Almost double what he could have given you.- Yeah.
0:40:44 > 0:40:48And you've won. So I think a handshake is due for that.
0:40:49 > 0:40:52Stephanie may have won in court, but unfortunately,
0:40:52 > 0:40:56a County Court Judgment can be tricky to enforce.
0:40:56 > 0:40:58However, that doesn't mean we shouldn't fight for what is
0:40:58 > 0:41:02right, as it is still her best chance of getting her money back.
0:41:02 > 0:41:06With this in mind, I brought all the relevant paperwork Danielle
0:41:06 > 0:41:09would need for the Small Claims Court.
0:41:09 > 0:41:13The good thing is, I can give you some advice, this is all in black and white, look.
0:41:13 > 0:41:15"I start a claim in court, what happens next?
0:41:15 > 0:41:21"How do I make a court claim? I am in dispute, what can I do?"
0:41:21 > 0:41:23The information is there in black and white.
0:41:23 > 0:41:25Anything you are not sure about, it's there.
0:41:25 > 0:41:28It's not all in legal jargon that you can't understand.
0:41:28 > 0:41:31It's designed for people who just want to get a problem sorted out.
0:41:31 > 0:41:33Sadly, the company you dealt with,
0:41:33 > 0:41:35they obviously want to do business this way.
0:41:35 > 0:41:38I've given them a chance to pay the money back, as Stephanie did.
0:41:38 > 0:41:41They don't play ball. All the best.
0:41:41 > 0:41:44I love you for that. There's all your forms, keep us informed of what happens, of course.
0:41:44 > 0:41:46- Best of luck.- Thanks very much.
0:41:46 > 0:41:48I like the fact that we're leaving
0:41:48 > 0:41:50and you've got a smile on your face.
0:41:50 > 0:41:53- You're ready to go into battle, aren't you?- I am.- Brilliant.
0:41:53 > 0:41:55We wrote to Blue Gate Cars
0:41:55 > 0:41:59and Diamond Tyres asking them to clarify...
0:42:15 > 0:42:18At this stage, I've heard nothing back.
0:42:19 > 0:42:23We also asked Auto Trader to comment on the case, chiefly...
0:42:29 > 0:42:30This is because Blue Gate told me
0:42:30 > 0:42:33they did not write the original advert for Danielle's Mazda.
0:42:33 > 0:42:36We are still awaiting their response.
0:42:36 > 0:42:38It's been really good to have Dom on my side
0:42:38 > 0:42:41and just get over any doubt I had before.
0:42:41 > 0:42:44Whereas after speaking to Dom,
0:42:44 > 0:42:47I really do feel I can win and get our money back.
0:42:51 > 0:42:54There you had it, two ladies with similar problems,
0:42:54 > 0:42:58dealing with the same company and same garage. Two different outcomes.
0:42:58 > 0:43:01One of them has already taken the company to court and she's won.
0:43:01 > 0:43:03The other lady is on the verge of doing so.
0:43:03 > 0:43:06There is a message to be learned here for all you companies
0:43:06 > 0:43:08not doing the job properly. Next action, court.
0:43:08 > 0:43:10I'm sending that message out.