Windows Don't Get Done Get Dom


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I'm Dominic Littlewood and I'm here to champion your consumer rights.

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In fact, taking companies to task has become my goal in life.

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Obviously, I'm not expecting you to comment on these,

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I'm going to get them over to you this afternoon.

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Any problem, no matter how big or small,

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I'll help you get the service you deserve.

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I was getting really frustrated

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and annoyed that I had been paying monthly instalments

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for them to repair my boiler and they weren't doing it.

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It might involve getting your money back.

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So it was like, I'm paying £120 for their mistake

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of sending me out the wrong item.

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Or taking on your contract conundrums.

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I think airlines would make themselves much easier to understand

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if they explained things in plain English to people.

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Whatever the issue, I'm here to help.

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Today, when the offer of a new outlook leaves you feeling

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less than happy.

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We wouldn't have been able to use the tilt function

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on our new windows, and therefore we would have

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been paying for an item and not being able to use them properly.

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The mystery of the disappearing money.

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They basically couldn't find any records of the account,

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said therefore they must have been closed

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and didn't really want anything more to do with it.

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And we give you the lowdown on how to deal with the dreaded debt collectors.

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You don't have to let them in your house.

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They can't come into your house, they can't take any goods.

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I'm tackling your consumer issues to make sure that you don't get done.

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New doors, windows, extensions...

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Us UK consumers spend £27 billion a year on home improvements,

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and trust me, there is a minefield of choices out there.

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So when someone knocks on your door

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and offers to spruce up your home for you,

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how do you know what they're offering is actually right for you?

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Charlotte Winter had home improvements on her mind

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when she bought her perfect home in the seaside town of Bognor Regis.

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The things that we liked about the house were the original features

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that were left there, including the sash-style windows.

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The nice features, and the fact there wasn't really anything

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that we had to do to the place, other than replace

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the original sash windows, because obviously they were timber,

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and not very insulating.

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She and partner Michael were open to ideas

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when a salesman from window and double glazing firm Safestyle UK

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happened to pass by their house.

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Michael and myself were out the front of the house,

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sort of trimming the hedge and what have you,

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and whilst we were out there a chap arrived at the gate

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and started asking questions and saying,

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"Ooh, would you like some new windows?" etc.

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We sort of said, "Well, eventually, yes,

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"but not now. We will be looking into it."

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And then continued to talk us round

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into agreeing to have someone come round and just give us a quote.

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When the sales rep arrived the next day,

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the couple were very particular about what they wanted.

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We'd like sash replacements.

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we don't want imitation looking ones.

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If we're going to do it, we're going to do it properly.

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Within keeping of the style of the property,

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because that's one of the features that we liked.

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But they had one key requirement.

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That they'd be able to keep their plantation-style shutters with the new windows.

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When the rep came round the first time,

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he verbally agreed with us that, "Right, OK,"

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an acknowledgement that that was what we wanted.

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And this was reiterated to Safestyle a few weeks later.

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They sent out a surveyor to measure up

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and he was again told by Michael, my partner,

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that these shutters, we wanted them to go back up

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once the new windows were put in, so he again was verbally told about it.

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Nobody seemed to say that there would be a problem.

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Happy that she'd get new bay windows

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and get to keep the plantation shutters, Charlotte signed up

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to the £4,600 contract, but it wasn't long

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before things started to go wrong.

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The two fitters arrived.

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The first thing they said when they opened the door was, "We have a problem."

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Between the two of them, they couldn't even lift it off the van,

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so that was day one.

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And yeah, alarm bells started.

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And problems with the installations wasn't the only set back.

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Michael phoned me at work and said,

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"We have a problem with the windows and the shutters."

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A feature of the sash windows was not only that they move

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up and down but they tilted, allowing for ease of cleaning,

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but the couple's shutters were too big to fit

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and allow the windows to tilt.

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Right from day one,

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that was one of the features that we liked about the house.

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To have these new windows put up and then not be able to have them,

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was just gutting.

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Absolutely.

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After it was made apparent that the shutter frame wouldn't fit,

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the fitter then suggested that he took part of it with him

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to see if there was anybody he knew or he could adapt them

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so that they could fit to the new window frame

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before completing the job.

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That was the last we heard from him.

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Not only that, but they also had lots of snagging issues.

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The job wasn't finished, there was no architrave, no windowsills in,

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there was foam filler and holes.

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There was brickwork missing at the front of the house.

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You could actually put your hand through the brickwork

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and up through and touch the windowsill on the inside.

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It wasn't until a couple of months later

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that we actually managed to get out a remedial works team

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to come and actually finish the job off.

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Eight months on and the couple still want the windows inspected,

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as there's a slight draft, they creak when opened,

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and what's more, there's still no shutters as they are waiting

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to see if they can be adjusted to fit around her new windows.

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I contacted Dom because I didn't feel that we were getting anywhere.

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The Office of Fair Trading states there are around

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15,000 customer complaints per year about new windows and double glazing

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supplied and fitted by companies the length and breadth of the UK.

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As a company, Safestyle UK is the largest retailer

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and manufacturer of uPVC windows and doors for the homeowner

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replacement market, and even floats on the London stock market.

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It's been trading for 20 years and has ten installation depots

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across England and Wales, and install windows and doors

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worth over £100 million on domestic properties each year.

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Well, I'm now dealing with one of those customers

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so I've sent them an e-mail outlining Charlotte's concerns

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and asking them what they're going to do about it.

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Charlotte was promised her shutters could be installed

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after her windows were replaced, so I want to know what happened

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and also what they're doing about her outstanding snagging issues.

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Hopefully we'll hear something soon, as I've also sent them

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details of another disgruntled customer,

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and it's looking like I've some investigation to do.

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With almost nine million Britons classed as being in serious financial trouble,

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it's no surprise the number of debt collection agencies has risen,

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with almost £60 billion of unpaid consumer debt

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being passed on to them every year.

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I'm lucky enough never to have had a knock on the door

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and found a debt collector on the other side of it

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chasing up unpaid bills, but sadly that's not the case for all of you.

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Whether it's disputing a bill or being unable to pay up,

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I hear from lots of you telling me about the demands for money

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landing on your doorstep.

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And even worse, the threat of the debt collectors or bailiffs.

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But how many of you would know what to do if debt collectors

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or bailiffs turn up at your door?

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If you've not paid your bills, they're coming in.

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If you're already in the property, a bailiff cannot then

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force their way into your property, but if you are not home,

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then they can make their way in.

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Many of you believe that bailiffs have the right of entry

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but can they seize property?

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A bailiff enforces court orders, so a right of possession, repossession.

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He therefore has the right to repossess a car...

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I've never had dealings with a bailiff,

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but I believe they're supposed to leave the bed, aren't they?

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It's important to know what to do if you do get an unwelcome visit.

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The Citizens Advice Bureau help members of the public every day

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who are facing debt worries,

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and they certainly know what your rights are.

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If a debt collector comes round, they have no rights whatsoever.

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I mean, you don't have to let them in your house,

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they can't come into your house, they can't take any goods.

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A bailiff is different in that they're usually operating

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under a warrant from the court, so if they are allowed access

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to your property, they can possibly levy on goods

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that you own and possibly take the goods.

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Well, Vince contacted me about his council tax arrears

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and a visit he had from a bailiff.

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He arranged a repayment plan and paid it off,

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but then he got a knock on the door from another bailiff,

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this time because he owed money for bailiff fees!

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And sadly, that's something you've got to take into account.

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Bailiffs, their fees are laid down by legislation in the majority of cases,

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and it will tell you what stage they can add what fees.

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But legislation recently changed and those fees have gone up.

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With the new proposed legislation,

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they'll be able to charge £75 for receiving the warrant

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and a further £235 for the first visit,

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so that will be £310.

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That's an expensive added extra if you've got yourself into debt.

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But there are also regulations which have just come into force

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in April 2014, and these include a ban on bailiffs

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entering homes at night, when only children are present

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and from using physical force against debtors.

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They will also have to give seven days' notice before taking

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possessions, unless they have specific permission from a court

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and will be prevented from taking essentials such as washing machines.

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That's good to bear in mind but it doesn't help

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if you don't think you owe them money.

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I've had several e-mails from people who are adamant

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they don't owe what they've being chased for.

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If you don't believe you owe the money, then the first thing to do

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would be to contact the creditor and explain why you don't owe the money.

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If you can then resolve that, again,

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you have organisations you can take complaints to.

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For example, the Financial Ombudsman Service will deal with complaints.

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None of us want to get into debt, but times are tough

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and there are options if you cannot afford to repay the money.

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If you owe the money but can't afford the repayments,

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we would always advise you to contact the creditor in the first instance

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to see if you can come up with a repayment plan

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which the creditor would accept.

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If you're having problems with that,

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we'd advise you to go to an advice agency and seek help.

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And they can hopefully negotiate for you a repayment plan you can afford.

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And if your debts spiral

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and you really cannot pay your creditors,

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there are still some measures you can take.

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If a person is in so much debt that they can't control it

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and they want to take a formal option, there are four of them.

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There's an administration order,

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where you owe less than £5,000

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and one of your debts is a County Court Judgement.

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There's a debt relief order, where your debts are below £15,000

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and you don't have assets valued over £300,

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or spare income of over £50 a month.

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There's an individual voluntary arrangement.

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This is where you've got available income of, say, £200,

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£300 a month and you want to protect an asset.

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And then there's bankruptcy.

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Although there are options out there for you,

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the best thing would be to ensure you don't get into

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financial trouble in the first place.

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Before you borrow money, draw up a financial statement,

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a budget sheet, check you can afford to repay the money.

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So there you have it.

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Know what you owe, and take this advice, so you don't get done.

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I've been looking into a complaint

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from Charlotte and Michael Winter about their new windows.

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They're unhappy with the finish of the windows and,

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contrary to their promises,

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Safestyle has been unable to refit her plantation shutters.

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Before my involvement, they had sent her a cheque for £1,500

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to replace the shutters, but she has not been able to do that yet

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and is still waiting for another company to see if her shutters

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can be adjusted to fit around her windows.

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There is no way, really, that we could have adapted the framework

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to fit, because the dimensions were completely different.

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You know, shutters are made-to-measure.

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Well, the Winters aren't the only unhappy customers

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because I've been contacted by Paul, who complained to Safestyle

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after his father-in-law Eric signed up to new windows.

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Eric needed this window changing because the seals

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around the window had gone, and there was condensation in there.

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And the draught-proofing on there was virtually nonexistent

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and rotting away, so it was literally hanging on by a thread.

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Eric has lived in the house for 35 years with his wife, Wendy.

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He's already had new patio doors installed

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ten years previously by Safestyle,

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so had no concerns about inviting a sales rep in when he called round.

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I said, yes,

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I could do with a bathroom window.

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He said, "I'll send somebody round to see you, then."

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But when the surveyor arrived the next day,

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he pointed out to Eric he thought his current bay windows

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were cold and draughty, and that there was a chance

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they could be easily removed in a break-in.

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When Paul found out, he wasn't convinced

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these extra windows were actually necessary.

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Yes, they are old. Yes, they may be a little inefficient.

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But they are double glazing, they're not single.

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They do a job, they keep the weather out, and they keep the draughts out.

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They're not leaking, the seals haven't gone on them,

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it's perfectly serviceable.

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We don't disagree that the one window that we asked for

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in the first place - in the bathroom -

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needed doing, because it was leaking.

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But by this time, Eric had gone ahead

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and agreed to the order for £4,800-worth of replacement windows

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for the bay, the bathroom and the landing.

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However, Paul felt his father-in-law should have got more quotes

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before agreeing to such a sizeable order.

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I did do a bit of research with local companies

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as to what pricing would be on the windows. I managed to

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get a quote, from a local dealer, of £270 to fit the bathroom window.

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You're probably looking, er, six windows -

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1,500, 2,000, 2,200, tops, for all the windows.

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But again, the front bay wasn't required,

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it's just the one window we wanted.

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It was a week since Eric had signed an agreement,

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so Paul told him to cancel

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and thought it would be a simple conversation.

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He was sorely mistaken.

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They did say that he was out of the seven-day cooling-off period.

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The phone call went on to say that...

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the windows are being fitted,

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they will be done, and the price is...

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And they gave him another price.

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Eric agreed to go ahead at the discounted price of £2,400

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So at this stage, Paul took matters into his own hands

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and took up the case against Safestyle. But eight months on,

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and while the company has agreed not to fit the windows,

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they are still chasing Eric for the cost of them.

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I hope Dom can get to a point where it's null and void.

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We don't want the windows, we don't want to deal with Safestyle,

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we just want it to all go away.

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Even to the point that it's just "End of."

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I've put both cases to Safestyle's Rick Short and he's told me -

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as far as Charlotte is concerned,

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they've already sent her a cheque

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to cover for a replacement for new shutters,

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and they're going to send round an engineer

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to have a look at her windows next week.

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So I'll give them a call back then.

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And as far as Eric is concerned, Rick Short tells me

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that his original presentation was on February 5th,

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and that's when he entered into a contract.

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He tells me Eric didn't cancel until February 12th, day eight,

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and they'd already started to manufacture the windows,

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therefore, he has to pay.

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But I said, hang on a second,

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that visit was late on a Sunday evening,

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so Eric wouldn't have been able to cancel a contract

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until the following day anyhow.

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So surely that's when his cancellation period should have started?

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Now, of course, that's my opinion.

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Let's see what the law of the land says.

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The thing about both cases is, neither Eric nor Charlotte

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went into a shop to buy their windows

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and both were approached on their own doorstep by sales reps,

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and when that happens, you are covered by very specific rights.

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Today, I've come to meet lawyer Kevin Porter.

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Kevin, are door-to-door salespeople regulated?

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There is protections provided.

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They are called the Consumer Protection Cancellation of Contracts

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Concluded Away From Business Premises Regulations, 1987.

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And all that really means is that

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you're protected from misrepresentations

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and misleading information,

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and basically being told things which aren't true.

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And the regulations cover specific time frames for cancellations.

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Usually, if there is an agreement being signed, there is

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this cooling-off period. Typically, in seven days.

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And that's usually the time that you need to think about things

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and to assess, and to check you've got the funds in the bank.

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And make sure you cancel the agreement in writing, presumably?

0:18:230:18:26

That's right. E-mails, letters, even faxes,

0:18:260:18:29

if you want to, get something in writing.

0:18:290:18:32

And keep a copy of it yourself. That's the other tip.

0:18:320:18:35

'OK, time to get down to the facts.

0:18:350:18:38

'Like when that cooling-off period starts.'

0:18:380:18:41

-The seven days starts...

-I was just going to ask you that, right.

0:18:410:18:45

The seven days starts on the day that you sign that agreement.

0:18:450:18:48

-Regardless of what time?

-Regardless of what time.

0:18:480:18:51

So it's seven days inclusive of that date.

0:18:510:18:54

In Eric's case, he signed at 8pm one evening.

0:18:540:18:57

He tried to cancel the equivalent of a week the next day.

0:18:570:19:02

-Right.

-He's actually gone over?

-Yes.

0:19:020:19:04

In terms of the statutory protections,

0:19:040:19:06

then it's over the time.

0:19:060:19:08

Unless there was something separate in the contracts.

0:19:080:19:10

Surely it needs to be implemented

0:19:100:19:12

from the morning of the next day, so it's seven clear days?

0:19:120:19:16

Yes, and there is a lot of confusion about that.

0:19:160:19:18

So make sure you are aware, read the small print.

0:19:180:19:21

Again, it seems like common sense,

0:19:210:19:23

-but do read what you're signing up to.

-Great advice, Kevin.

0:19:230:19:26

I'll be honest, as you're a solicitor,

0:19:260:19:28

I'm going to go before you start invoicing me for your time!

0:19:280:19:30

-That sounds good to me. Thank you.

-Thanks a lot.

0:19:300:19:33

So it seems as though day one of Eric's cancellation period

0:19:330:19:35

did start on the day he signed, even though it was late at night.

0:19:350:19:39

That's a good piece of information for us all.

0:19:390:19:42

But despite that, I think Safestyle is wrong to refuse his rejection

0:19:420:19:45

and I'll be putting that to them

0:19:450:19:47

when I get a chance to speak to them. In the meantime,

0:19:470:19:49

I've heard from Charlotte.

0:19:490:19:51

She's told me Safestyle has been out to see her

0:19:510:19:53

and the windows are not creaking any more.

0:19:530:19:56

Ding-dong! However, the shutters are still a problem.

0:19:560:20:00

So if I move this...

0:20:000:20:03

..and we open the window like this, it tilts open like this.

0:20:070:20:13

And the top one does the same,

0:20:130:20:15

and this is meant to be for ease of cleaning, and what have you.

0:20:150:20:20

But because of the frame size that's required for the shutters,

0:20:200:20:24

we wouldn't have been able to do that.

0:20:240:20:27

Charlotte has been told that her original shutters

0:20:270:20:29

cannot be adjusted to fit around Safestyle's windows,

0:20:290:20:32

and so she's going to have to get custom-made ones to fit.

0:20:320:20:36

She has spoken to another company who can offer her new shutters

0:20:360:20:39

for around £2,000. But before she agrees to that,

0:20:390:20:43

she wants to get an independent expert

0:20:430:20:45

to ensure her windows are sound.

0:20:450:20:47

-Hello.

-Hello, Mrs Winter. Jonathan Burley. Surveyor.

-Hello, come in.

0:20:470:20:51

Today, Jonathan Burley,

0:20:510:20:52

an independent structural engineer, is taking a look.

0:20:520:20:55

I want to know that the windows

0:20:550:20:57

are fitted safely and securely,

0:20:570:21:01

and that we're not going to incur any other problems.

0:21:010:21:04

Jonathan undertakes a thorough inspection of Safestyle's work.

0:21:040:21:10

It looks like this angle on the bay here

0:21:100:21:14

has been dislodged by the window movement.

0:21:140:21:16

-You can see that because underneath the tile, it's dropped...

-Right.

0:21:160:21:21

-..by about half an inch.

-Yes.

0:21:210:21:24

Now, have you had any problems with draughts, or water ingress

0:21:240:21:27

through the windows at all since they've been fitted?

0:21:270:21:31

Not water, but we did with draughts up until about two weeks ago.

0:21:310:21:35

Hopefully, that problem was fixed.

0:21:350:21:38

The sill is welded, which all looks good.

0:21:380:21:41

That just about sums up the ground floor windows.

0:21:410:21:45

After a quick look round upstairs, Jonathan has his verdict.

0:21:450:21:49

Overall, the windows are fit for purpose, in my view.

0:21:490:21:53

There are one or two finishing details which need to be

0:21:530:21:57

addressed by the company before you make final payment.

0:21:570:22:01

-OK. That's brilliant. I mean, that was our main concern.

-Yes.

0:22:010:22:06

And if there are just those little points to go over

0:22:060:22:09

and nothing else, then that's what we wanted to know.

0:22:090:22:13

-Thank you.

-Yes.

0:22:130:22:14

It's good news for Charlotte. Her windows are up to scratch.

0:22:140:22:19

So now, it's just the issue of new shutters

0:22:190:22:21

that I need to broach with Safestyle.

0:22:210:22:24

But there's a few things I want to check out first.

0:22:240:22:27

If Charlotte and Eric had done some research

0:22:270:22:29

into this multibillion pound industry,

0:22:290:22:31

shopped around and asked some questions,

0:22:310:22:33

could they have avoided all this stress?

0:22:330:22:36

What should consumers be doing

0:22:360:22:38

to ensure what they're getting is right for them?

0:22:380:22:41

The Glass and Glazing Federation is a trade association

0:22:420:22:46

which vets its members within the industry,

0:22:460:22:48

and customer complaint is one area it deals with.

0:22:480:22:51

We'd be looking at

0:22:510:22:53

maybe 100 complaints in the year.

0:22:530:22:56

It is a very low number compared to the number of installations a year,

0:22:560:23:00

which shows that the vast majority of installations do go correctly.

0:23:000:23:05

And the federation runs a conciliation and arbitration process

0:23:050:23:10

should a customer have an ongoing complaint

0:23:100:23:12

against one of its members.

0:23:120:23:14

But if, as consumers, we do our homework before we buy,

0:23:140:23:17

perhaps we can avoid getting into a situation

0:23:170:23:19

like Eric and Paul did,

0:23:190:23:21

where they ended up ordering more than they had originally planned.

0:23:210:23:25

When Eric started the ball rolling,

0:23:250:23:27

in his wildest imagination did he not think that he was going to end up

0:23:270:23:32

being sold a bay window and another window on top of this.

0:23:320:23:37

I would suggest you follow the GGF recommendation

0:23:370:23:39

of getting several quotations.

0:23:390:23:42

You can compare their products, and then buy with confidence.

0:23:420:23:46

That's always good advice

0:23:460:23:47

whenever you're shopping for home improvements,

0:23:470:23:50

and getting a separate survey is another good idea.

0:23:500:23:53

Within the glass and glazing industry,

0:23:530:23:55

there's several stages of the sales and installation process.

0:23:550:24:00

Part of those are, you could have a sales visit,

0:24:000:24:03

then you'd have a technical survey.

0:24:030:24:05

Often the technical survey will be doing the accurate measurement,

0:24:050:24:09

checking for structural... of the building

0:24:090:24:12

to ensure that it's safe to put those windows in.

0:24:120:24:16

If the consumer were to say, "I don't want the windows,"

0:24:160:24:19

you'd then just be paying for that extra survey

0:24:190:24:23

to show what is required.

0:24:230:24:25

And if you have a special requirement,

0:24:250:24:27

such as Charlotte and her shutters,

0:24:270:24:29

it's important you make them known to the sales rep

0:24:290:24:32

to avoid disappointment.

0:24:320:24:33

We lift this up...to here.

0:24:330:24:37

And you can quite clearly see that

0:24:390:24:44

this is the difference in the size at the sides,

0:24:440:24:48

and so that comes right across the window here,

0:24:480:24:51

so we wouldn't be able to tilt it and, you know, open it.

0:24:510:24:56

If a consumer wants some specific feature or specific service,

0:24:560:25:02

you should make sure that is within the contract.

0:25:020:25:05

If that isn't the case for any other the work,

0:25:050:25:08

it doesn't necessarily have to be honoured.

0:25:080:25:10

Well, I've looked all over Charlotte's contract,

0:25:100:25:13

and there's no mention of the shutters.

0:25:130:25:15

But I know from Safestyle's e-mail to me,

0:25:150:25:17

they have acknowledged that the shutters were discussed.

0:25:170:25:20

So I think it's time to see if we can make a move

0:25:200:25:23

towards resolving these complaints.

0:25:230:25:25

Safestyle. Right.

0:25:280:25:30

Now, I've not actually managed to speak to them yet on the phone,

0:25:300:25:33

but there has been a little bit of backward and forward with e-mails.

0:25:330:25:36

So I'm quite looking forward to this first call,

0:25:360:25:38

just to get an idea of what they're like,

0:25:380:25:41

and the person we've been e-mailing is Richard.

0:25:410:25:44

So, let's see what he's like as a customer services manager.

0:25:440:25:49

Hello, Richard. Yes, thanks. Thanks for taking the call.

0:25:540:25:56

I know you were engaged just a second ago.

0:25:560:25:59

Richard, I just wanted to speak to you about a couple of cases

0:25:590:26:02

which we brought to your attention.

0:26:020:26:03

I know you're aware of them at the moment...

0:26:030:26:05

'Richard starts off by reiterating that as far as they are concerned,

0:26:050:26:09

'Eric cancelled outside of his cooling-off period.'

0:26:090:26:12

Are you telling me that you've served Eric

0:26:120:26:15

with notification of his rights to cancel that evening,

0:26:150:26:18

when he signed a contract?

0:26:180:26:19

'That's right, yes.'

0:26:190:26:20

Richard confirms that was the case,

0:26:200:26:23

but he says he is keen to resolve matters for Eric.

0:26:230:26:26

Time to discuss Charlotte's shutters.

0:26:260:26:28

I don't even... I don't believe you're aware at this point,

0:26:280:26:31

at the moment, but they're even saying now

0:26:310:26:33

that they had to do more modifications

0:26:330:26:35

and they're talking about having to replace all the blinds,

0:26:350:26:38

which is going to be £2,500.

0:26:380:26:39

Something about the post not being strong enough, I think,

0:26:390:26:42

to take the weight of the blinds.

0:26:420:26:44

Richard says he'll look into what they can offer Charlotte.

0:26:440:26:47

Richard, thanks ever so much for your time.

0:26:470:26:49

I appreciate you taking the call.

0:26:490:26:50

-'That's no problem. Thank you very much.'

-And you. Bye-bye, then.

0:26:500:26:53

-'Speak to you again. Cheers.'

-Bye-bye.

0:26:530:26:55

It's clear from talking to Richard that he is keen to resolve

0:26:550:26:58

both cases, and he'll be making a full offer in writing soon.

0:26:580:27:01

Right from a young age, we're being told,

0:27:060:27:08

put some savings away for a rainy day,

0:27:080:27:10

and it's pretty good advice. But I've heard from some of you

0:27:100:27:14

whose little nest egg has disappeared without a trace.

0:27:140:27:17

Such as Dan Laffoley,

0:27:170:27:20

who's been battling to trace his lost inheritance.

0:27:200:27:23

My grandmother died when I was very young.

0:27:230:27:26

I was only eight years old, and my brother was ten,

0:27:260:27:30

and we lived in Jersey, and she lived in Lincolnshire,

0:27:300:27:33

so we only saw her from time to time.

0:27:330:27:35

But it wasn't until recently that Dan discovered

0:27:350:27:38

his grandmother had left him and his brother a legacy.

0:27:380:27:42

So it must have been in the autumn of 2011

0:27:420:27:46

that a solicitor's contacted me on e-mail, saying,

0:27:460:27:50

"Do you have any connection to Jersey?"

0:27:500:27:53

And I was quite clearly suspicious about this,

0:27:530:27:57

and we to'd and fro'd for a while

0:27:570:27:59

until we had the conversation about what they wanted to talk to me about.

0:27:590:28:03

And that was about some money that had been set aside

0:28:030:28:05

in an account four decades ago.

0:28:050:28:08

When my grandmother had died, back in 1972, as part of the will,

0:28:080:28:14

she'd left £100 to me and my brother

0:28:140:28:16

in these Bradford & Bingley passbooks.

0:28:160:28:19

And it was quite emotional, because it wasn't just about the money.

0:28:190:28:23

It was £100, but in modern day money, that's probably 1,000 or so.

0:28:230:28:28

So this is the kind of last connection in a way between myself

0:28:280:28:32

and my grandmother, and the wish that she had for my brother as well.

0:28:320:28:35

Sadly, this news was even more poignant for Dan,

0:28:350:28:38

as his brother had died a few years before.

0:28:380:28:41

Dan's grandmother had set up the two accounts

0:28:410:28:44

and left the paperwork in the care of her solicitors.

0:28:440:28:47

The passbooks had been in the vaults since probably the summer of 1972.

0:28:470:28:53

Clearly, hadn't been touched,

0:28:530:28:55

and I think it was only when they were clearing through old records

0:28:550:28:59

in their vault that they came across them,

0:28:590:29:02

and were probably quite horrified that there were still

0:29:020:29:05

two open bank books in their vaults, which is when they contacted us.

0:29:050:29:10

And it wasn't long before Dan had the passbooks

0:29:100:29:12

and decided to access the money.

0:29:120:29:15

The passbooks were with Bradford & Bingley,

0:29:150:29:17

one of the several building societies which was taken over

0:29:170:29:20

by Santander in September 2008.

0:29:200:29:24

So once I had the passbooks in my hand, I thought, "Well,

0:29:240:29:27

"let's go into Santander. This must be fairly straightforward."

0:29:270:29:30

After discussions in the branch, they said, no,

0:29:300:29:32

they had a special team who could almost certainly help,

0:29:320:29:36

and they then put me in touch with them.

0:29:360:29:38

So, easy. Or so it seemed at first.

0:29:380:29:42

Once we were in discussions with Santander,

0:29:420:29:46

we then started corresponding with them,

0:29:460:29:48

and it became rapidly clear

0:29:480:29:51

that they didn't really know anything about these accounts.

0:29:510:29:55

They said they couldn't find any record.

0:29:550:29:58

Confused, Dan started a complaints process with the bank,

0:29:580:30:02

but he didn't get very far.

0:30:020:30:04

They basically couldn't find any records of the account,

0:30:040:30:08

said therefore they must have been closed.

0:30:080:30:10

There is no evidence that these accounts were closed.

0:30:100:30:13

They've been in the vaults of a solicitor,

0:30:130:30:15

and when we actually received the books,

0:30:150:30:18

they have no closure lines on them. They're still open.

0:30:180:30:21

Santander told Dan they have to hold records for six years,

0:30:210:30:25

and with no records of him, his grandmother, or the account,

0:30:250:30:28

the case was closed. But Dan wasn't happy.

0:30:280:30:31

It's not for me to prove I've had the money,

0:30:310:30:34

it's for Santander to prove what they've done with the accounts,

0:30:340:30:37

and they couldn't. So if they can't do that,

0:30:370:30:40

then it's their responsibility.

0:30:400:30:41

Well, that's Dan's opinion.

0:30:410:30:44

But who is the onus really on to prove an account has been closed?

0:30:440:30:47

Whereas in normal circumstances, the onus would be

0:30:490:30:52

on a consumer to prove the issue,

0:30:520:30:55

to prove what they are saying,

0:30:550:30:57

when we're dealing with banks, large financial institutions,

0:30:570:31:01

I think it's reasonable for a consumer to say to the bank,

0:31:010:31:05

"What is the proof? What's happened here?

0:31:050:31:07

"What is the paperwork? What does it show?"

0:31:070:31:09

We're all aware of issues with banks

0:31:090:31:12

and mis-selling of financial products,

0:31:120:31:15

and I would think it's reasonable in this day and age

0:31:150:31:19

for a consumer to expect that the bank has comprehensive details

0:31:190:31:23

of bank accounts, when they were closed, on what date, et cetera.

0:31:230:31:28

I agree, Brian, but perhaps it's not that simple

0:31:280:31:31

when it comes to a case such as Dan's,

0:31:310:31:34

which dates back decades before digital data existed.

0:31:340:31:37

However, Dan Laffoley still asked for proof

0:31:370:31:40

his account had been closed, and with none forthcoming,

0:31:400:31:43

he was advised to take his complaint to the Financial Ombudsman Service.

0:31:430:31:48

So when the Ombudsman Service is looking at complaints

0:31:480:31:50

about dormant accounts, one of the things we need to do is

0:31:500:31:53

think about what the law says about what people need to do,

0:31:530:31:55

and we look at things like what the regulator has said

0:31:550:31:57

and if there are any specific rules.

0:31:570:31:59

And there aren't any specific rules from the regulator

0:31:590:32:01

about how long these records should be kept.

0:32:010:32:04

Typically, people tend to keep them for around six years.

0:32:040:32:07

Often that will be enough.

0:32:070:32:10

And if there aren't records that are available,

0:32:100:32:12

what we do look at is just the evidence that is available

0:32:120:32:15

and work it out from there.

0:32:150:32:16

But Dan had his passbooks, which state,

0:32:160:32:19

"must be relinquished when closing the account".

0:32:190:32:22

Surely that's evidence enough?

0:32:220:32:23

The fact that somebody's got the passbook

0:32:230:32:25

of itself won't necessarily mean that

0:32:250:32:28

that meant that the money was still there.

0:32:280:32:30

So we do see a regular number of complaints about this issue,

0:32:300:32:33

but actually, in the grand scheme of things,

0:32:330:32:35

they're not huge numbers of complaints.

0:32:350:32:38

So when we see them, we look at them individually and reach a conclusion.

0:32:380:32:42

If we did identify anything systemic then

0:32:420:32:45

we would let the regulator know about that.

0:32:450:32:47

The FOS did look into Dan's case but concluded that as Santander

0:32:470:32:52

had no knowledge of the account, it must have been closed.

0:32:520:32:55

But Dan still thinks otherwise.

0:32:550:32:57

I believe that our money is probably sitting somewhere, forgotten.

0:32:570:33:02

The pass books have been kept all their life by solicitors

0:33:020:33:05

until the point that we received them.

0:33:050:33:08

For me, it is about more than the money.

0:33:080:33:10

The money is important, in a way.

0:33:100:33:13

But it is about the sentiment, it is

0:33:130:33:14

about the fact that my grandmother didn't have a lot of money.

0:33:140:33:18

And so this meant an awful lot to her, both in terms

0:33:180:33:21

of the meaning of what she was doing but in terms of the money involved.

0:33:210:33:24

And it is also because, since she left myself

0:33:240:33:27

and my brother the money, my brother has unfortunately passed away.

0:33:270:33:31

So there is a kind of double emotion with this,

0:33:310:33:34

and, you know, the right thing should be done here.

0:33:340:33:37

In the course of talking to Santander about Mr Laffoley's

0:33:390:33:41

complaint, they have told us that

0:33:410:33:44

the case was investigated by both Santander and the financial

0:33:440:33:48

ombudsman, who both concluded that the account was closed before 2008.

0:33:480:33:52

They have told us the most likely explanation is that

0:33:520:33:56

the account was closed by lawyers as part of the probate case in 1972.

0:33:560:34:00

And that as this would have been done by letter,

0:34:000:34:02

the pass books were unlikely to have been stamped during the process.

0:34:020:34:07

We contacted the solicitors dealing with Dan's case and asked them

0:34:070:34:11

to respond to this.

0:34:110:34:12

They told us...

0:34:120:34:14

Santander told us...

0:34:290:34:31

Are we finished? Cos I want my 10p back. Oh, that's handy!

0:34:440:34:48

I have been getting a clearer view of two customers' complaints.

0:34:540:34:58

Both entered into contracts with double glazing

0:34:580:35:00

and window firm, Safestyle.

0:35:000:35:02

Eric tried to cancel after son-in-law Paul felt

0:35:020:35:05

he didn't need what he'd ordered, but he's being charged

0:35:050:35:08

the full amount as he was told he missed his cooling off period.

0:35:080:35:12

PAUL: 'I got through to him to say that you need to stop this now.

0:35:120:35:15

'Yes, you probably do need some windows

0:35:150:35:17

'but you can get it done for less than half of that.'

0:35:170:35:20

Eric then phoned up the next day and the saga then ensued after that.

0:35:200:35:25

And eight months after her windows were fitted, Charlotte is

0:35:250:35:28

finally happy after Safestyle rectified some outstanding issues.

0:35:280:35:33

But she was promised her plantation shutters could remain

0:35:330:35:35

and it turns out they are not compatible with her new windows.

0:35:350:35:39

Both the salesman and the surveyor that came out to measure up

0:35:390:35:43

for the new windows were both told that the shutters were

0:35:430:35:48

hopefully going to be reinstated.

0:35:480:35:52

There have been some interesting elements to these cases,

0:35:520:35:55

including just how transparent the law on doorstep selling

0:35:550:35:57

and the cooling off period is, or isn't.

0:35:570:36:00

And in the meantime, Rick from Safestyle has been in contact.

0:36:000:36:04

He's making an offer to Charlotte.

0:36:040:36:06

Dom took over communications with Safestyle for us,

0:36:060:36:11

and since then he has managed to get some more money for us

0:36:110:36:16

towards shutters, which is great.

0:36:160:36:18

Now we can get them organised and fitted.

0:36:180:36:23

It feels great that Dom has been able to sort this all out

0:36:230:36:27

and get this over and done with and out of our minds.

0:36:270:36:31

We can actually start enjoying our new home now.

0:36:310:36:35

Safestyle has upped its offer from £1,500 - £1,800

0:36:370:36:41

to go towards new shutters.

0:36:410:36:43

They also told us, with regards to specific requests...

0:36:430:36:48

They go on to say...

0:37:090:37:11

And they've been in touch with Eric and Paul too.

0:37:490:37:52

I have heard Safestyle's side of the story so now I have come to

0:37:530:37:57

Cannock to hear it from the horse's mouth, Eric and Paul themselves.

0:37:570:38:01

-Morning, Paul.

-Thanks for coming.

-My pleasure.

-Come on in.

0:38:060:38:11

Right, okey-dokey. So, right, how long have you lived here, Eric?

0:38:130:38:18

-35 years.

-Crikey. So, you obviously love the area, then?

0:38:180:38:23

-I do indeed, yes.

-This is your home for life, isn't it?

0:38:230:38:27

-My home for life, yes.

-'I want to hear Eric's side of the story.'

0:38:270:38:31

What was the reason they were saying to you

0:38:310:38:34

they weren't allowing you to cancel and they were going to fit them?

0:38:340:38:37

Basically, it was out of the seven day cancellation period.

0:38:370:38:40

But again, Eric signed, on the fifth, a blank page on a survey form.

0:38:400:38:47

The survey form is just yonder, you can have a look at that.

0:38:470:38:50

And then they did the survey on the sixth

0:38:500:38:53

and he tried to cancel on the 12th.

0:38:530:38:55

I argued the point that, 12 minus 5 is 7.

0:38:550:38:58

If he was signing a blank page,

0:38:580:39:00

and then the survey was done on the sixth, then he knows what

0:39:000:39:03

he is actually purchasing, that brings it back into seven days.

0:39:030:39:07

So I was toing and froing with their sales manager about the legalities

0:39:070:39:12

but he stood his ground and said, "No, it is eight days.

0:39:120:39:15

"He has signed it. Tough."

0:39:150:39:16

'It looks like Paul has been having the same arguments I have.'

0:39:160:39:20

Technically, what he is saying there is right.

0:39:200:39:22

They actually class it, day one, as being the day you sign.

0:39:220:39:25

So, in theory, what he is saying is right.

0:39:250:39:27

At this point, you are at loggerheads,

0:39:270:39:29

they have £380 of your money in cash.

0:39:290:39:31

You're saying, "Stick your windows, I don't want them."

0:39:310:39:35

And they are saying, "No, you're going to have them."

0:39:350:39:37

-It is a stand-off.

-Yes. I did feel helpless.

0:39:370:39:40

I thought, "We can't go anywhere.

0:39:400:39:41

"We are absolutely stuck, we're going to end up either paying

0:39:410:39:44

the manufacturer costs or having them done," which I didn't want doing.

0:39:440:39:48

I got on the phone to them.

0:39:480:39:50

I have got to say, they were civil,

0:39:500:39:52

which I do like when a company is civil.

0:39:520:39:54

And I think they are quite

0:39:540:39:55

professional in the way they do address the situation.

0:39:550:39:58

They obviously quoted me the fact it now technically was eight days.

0:39:580:40:02

They said the goods had been made,

0:40:020:40:03

I didn't really go into too much detail

0:40:030:40:05

about that because all I wanted

0:40:050:40:07

to do was to get you a refund with as least inconvenience as possible.

0:40:070:40:11

Anyhow, since then they have obviously contacted you

0:40:110:40:15

and you can pick the story up from there. What has happened now?

0:40:150:40:19

Safestyle developed this letter and have given us a cheque for £380.

0:40:190:40:25

-Right, so you now have got a full refund.

-Yes.

0:40:250:40:28

-You are allowed out the contract.

-Yes.

0:40:280:40:32

-You have washed your hands of them.

-Yes.

0:40:320:40:34

-And these windows which you never felt you needed.

-Yes.

0:40:340:40:37

-OK. How do you feel?

-I feel great about it.

-Do you?

-Yeah.

0:40:370:40:41

-It's a big weight.

-I didn't know at first

0:40:410:40:43

that you had got my money back!

0:40:430:40:45

So when you got that letter,

0:40:450:40:47

-you opened the envelope up and saw that cheque, big relief?

-Big relief.

0:40:470:40:52

Massive relief.

0:40:520:40:53

I was at work in Worcester and I was doing a survey on a house

0:40:530:40:57

and lo and behold my phone went. Mr Excited here...

0:40:570:41:00

All I said was, "I've had a cheque for £380 off Safestyle."

0:41:000:41:05

-And Paul says, "Great." And I said, "It is."

-It was a victory.

0:41:050:41:09

-And you're still smiling now, you're happy.

-I am happy about it. I am.

0:41:090:41:14

'As well as refunding the cost of the survey,

0:41:140:41:17

'as a gesture of goodwill,

0:41:170:41:18

'Safestyle has wiped clean the outstanding debt

0:41:180:41:21

'for the cost of the windows.

0:41:210:41:23

'We contacted Safestyle UK and they said...'

0:41:230:41:27

Safestyle refute any allegation that Mr Parbrook signed a blank page,

0:42:010:42:04

stating...

0:42:040:42:06

They also tell us, they have...

0:42:180:42:20

I would like to thank Dom for his help in getting me

0:42:280:42:31

out of the contract, yes, and not having to pay for the windows.

0:42:310:42:35

I would like to thank him very much.

0:42:350:42:37

The irony here, of course,

0:42:370:42:40

is the fact that Eric did actually start off wanting a window.

0:42:400:42:43

What he didn't want was three windows.

0:42:430:42:45

Safestyle have actually done the right thing in giving him

0:42:450:42:48

a refund and letting him out of his contract.

0:42:480:42:51

So Eric's worries are over.

0:42:510:42:52

Now I've got my money back,

0:42:530:42:55

and I don't have to pay for the windows, I am over the moon!

0:42:550:42:59

I am very pleased.

0:42:590:43:01

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