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I'm Dominic Littlewood and I'm here to champion your consumer rights. | 0:00:02 | 0:00:06 | |
In fact, taking companies to task has become my goal in life. | 0:00:06 | 0:00:10 | |
Obviously, I'm not expecting you to comment on these, | 0:00:10 | 0:00:13 | |
I'm going to get them over to you this afternoon. | 0:00:13 | 0:00:16 | |
Any problem, no matter how big or small, | 0:00:16 | 0:00:17 | |
I'll help you get the service you deserve. | 0:00:17 | 0:00:20 | |
I was getting really frustrated | 0:00:20 | 0:00:22 | |
and annoyed that I had been paying monthly instalments | 0:00:22 | 0:00:26 | |
for them to repair my boiler and they weren't doing it. | 0:00:26 | 0:00:30 | |
It might involve getting your money back. | 0:00:30 | 0:00:33 | |
So it was like, I'm paying £120 for their mistake | 0:00:33 | 0:00:36 | |
of sending me out the wrong item. | 0:00:36 | 0:00:38 | |
Or taking on your contract conundrums. | 0:00:38 | 0:00:41 | |
I think airlines would make themselves much easier to understand | 0:00:41 | 0:00:45 | |
if they explained things in plain English to people. | 0:00:45 | 0:00:48 | |
Whatever the issue, I'm here to help. | 0:00:48 | 0:00:51 | |
Today, when the offer of a new outlook leaves you feeling | 0:00:51 | 0:00:55 | |
less than happy. | 0:00:55 | 0:00:56 | |
We wouldn't have been able to use the tilt function | 0:00:56 | 0:00:59 | |
on our new windows, and therefore we would have | 0:00:59 | 0:01:03 | |
been paying for an item and not being able to use them properly. | 0:01:03 | 0:01:06 | |
The mystery of the disappearing money. | 0:01:06 | 0:01:10 | |
They basically couldn't find any records of the account, | 0:01:10 | 0:01:13 | |
said therefore they must have been closed | 0:01:13 | 0:01:15 | |
and didn't really want anything more to do with it. | 0:01:15 | 0:01:18 | |
And we give you the lowdown on how to deal with the dreaded debt collectors. | 0:01:18 | 0:01:24 | |
You don't have to let them in your house. | 0:01:24 | 0:01:26 | |
They can't come into your house, they can't take any goods. | 0:01:26 | 0:01:29 | |
I'm tackling your consumer issues to make sure that you don't get done. | 0:01:29 | 0:01:32 | |
New doors, windows, extensions... | 0:01:36 | 0:01:38 | |
Us UK consumers spend £27 billion a year on home improvements, | 0:01:38 | 0:01:43 | |
and trust me, there is a minefield of choices out there. | 0:01:43 | 0:01:47 | |
So when someone knocks on your door | 0:01:47 | 0:01:49 | |
and offers to spruce up your home for you, | 0:01:49 | 0:01:50 | |
how do you know what they're offering is actually right for you? | 0:01:50 | 0:01:54 | |
Charlotte Winter had home improvements on her mind | 0:01:54 | 0:01:57 | |
when she bought her perfect home in the seaside town of Bognor Regis. | 0:01:57 | 0:02:01 | |
The things that we liked about the house were the original features | 0:02:01 | 0:02:05 | |
that were left there, including the sash-style windows. | 0:02:05 | 0:02:10 | |
The nice features, and the fact there wasn't really anything | 0:02:10 | 0:02:16 | |
that we had to do to the place, other than replace | 0:02:16 | 0:02:20 | |
the original sash windows, because obviously they were timber, | 0:02:20 | 0:02:24 | |
and not very insulating. | 0:02:24 | 0:02:27 | |
She and partner Michael were open to ideas | 0:02:27 | 0:02:30 | |
when a salesman from window and double glazing firm Safestyle UK | 0:02:30 | 0:02:34 | |
happened to pass by their house. | 0:02:34 | 0:02:36 | |
Michael and myself were out the front of the house, | 0:02:36 | 0:02:39 | |
sort of trimming the hedge and what have you, | 0:02:39 | 0:02:44 | |
and whilst we were out there a chap arrived at the gate | 0:02:44 | 0:02:50 | |
and started asking questions and saying, | 0:02:50 | 0:02:52 | |
"Ooh, would you like some new windows?" etc. | 0:02:52 | 0:02:56 | |
We sort of said, "Well, eventually, yes, | 0:02:56 | 0:02:59 | |
"but not now. We will be looking into it." | 0:02:59 | 0:03:02 | |
And then continued to talk us round | 0:03:02 | 0:03:07 | |
into agreeing to have someone come round and just give us a quote. | 0:03:07 | 0:03:12 | |
When the sales rep arrived the next day, | 0:03:12 | 0:03:14 | |
the couple were very particular about what they wanted. | 0:03:14 | 0:03:17 | |
We'd like sash replacements. | 0:03:17 | 0:03:19 | |
we don't want imitation looking ones. | 0:03:19 | 0:03:23 | |
If we're going to do it, we're going to do it properly. | 0:03:23 | 0:03:26 | |
Within keeping of the style of the property, | 0:03:26 | 0:03:28 | |
because that's one of the features that we liked. | 0:03:28 | 0:03:31 | |
But they had one key requirement. | 0:03:31 | 0:03:33 | |
That they'd be able to keep their plantation-style shutters with the new windows. | 0:03:33 | 0:03:37 | |
When the rep came round the first time, | 0:03:37 | 0:03:41 | |
he verbally agreed with us that, "Right, OK," | 0:03:41 | 0:03:45 | |
an acknowledgement that that was what we wanted. | 0:03:45 | 0:03:48 | |
And this was reiterated to Safestyle a few weeks later. | 0:03:48 | 0:03:51 | |
They sent out a surveyor to measure up | 0:03:51 | 0:03:55 | |
and he was again told by Michael, my partner, | 0:03:55 | 0:04:00 | |
that these shutters, we wanted them to go back up | 0:04:00 | 0:04:07 | |
once the new windows were put in, so he again was verbally told about it. | 0:04:07 | 0:04:12 | |
Nobody seemed to say that there would be a problem. | 0:04:12 | 0:04:15 | |
Happy that she'd get new bay windows | 0:04:15 | 0:04:17 | |
and get to keep the plantation shutters, Charlotte signed up | 0:04:17 | 0:04:21 | |
to the £4,600 contract, but it wasn't long | 0:04:21 | 0:04:24 | |
before things started to go wrong. | 0:04:24 | 0:04:27 | |
The two fitters arrived. | 0:04:27 | 0:04:29 | |
The first thing they said when they opened the door was, "We have a problem." | 0:04:29 | 0:04:33 | |
Between the two of them, they couldn't even lift it off the van, | 0:04:33 | 0:04:36 | |
so that was day one. | 0:04:36 | 0:04:40 | |
And yeah, alarm bells started. | 0:04:40 | 0:04:44 | |
And problems with the installations wasn't the only set back. | 0:04:44 | 0:04:48 | |
Michael phoned me at work and said, | 0:04:48 | 0:04:50 | |
"We have a problem with the windows and the shutters." | 0:04:50 | 0:04:54 | |
A feature of the sash windows was not only that they move | 0:04:54 | 0:04:57 | |
up and down but they tilted, allowing for ease of cleaning, | 0:04:57 | 0:05:01 | |
but the couple's shutters were too big to fit | 0:05:01 | 0:05:03 | |
and allow the windows to tilt. | 0:05:03 | 0:05:05 | |
Right from day one, | 0:05:05 | 0:05:06 | |
that was one of the features that we liked about the house. | 0:05:06 | 0:05:10 | |
To have these new windows put up and then not be able to have them, | 0:05:10 | 0:05:14 | |
was just gutting. | 0:05:14 | 0:05:17 | |
Absolutely. | 0:05:17 | 0:05:19 | |
After it was made apparent that the shutter frame wouldn't fit, | 0:05:19 | 0:05:24 | |
the fitter then suggested that he took part of it with him | 0:05:24 | 0:05:29 | |
to see if there was anybody he knew or he could adapt them | 0:05:29 | 0:05:35 | |
so that they could fit to the new window frame | 0:05:35 | 0:05:38 | |
before completing the job. | 0:05:38 | 0:05:41 | |
That was the last we heard from him. | 0:05:41 | 0:05:43 | |
Not only that, but they also had lots of snagging issues. | 0:05:43 | 0:05:47 | |
The job wasn't finished, there was no architrave, no windowsills in, | 0:05:47 | 0:05:51 | |
there was foam filler and holes. | 0:05:51 | 0:05:53 | |
There was brickwork missing at the front of the house. | 0:05:53 | 0:05:57 | |
You could actually put your hand through the brickwork | 0:05:57 | 0:06:00 | |
and up through and touch the windowsill on the inside. | 0:06:00 | 0:06:04 | |
It wasn't until a couple of months later | 0:06:04 | 0:06:07 | |
that we actually managed to get out a remedial works team | 0:06:07 | 0:06:11 | |
to come and actually finish the job off. | 0:06:11 | 0:06:14 | |
Eight months on and the couple still want the windows inspected, | 0:06:14 | 0:06:18 | |
as there's a slight draft, they creak when opened, | 0:06:18 | 0:06:21 | |
and what's more, there's still no shutters as they are waiting | 0:06:21 | 0:06:25 | |
to see if they can be adjusted to fit around her new windows. | 0:06:25 | 0:06:28 | |
I contacted Dom because I didn't feel that we were getting anywhere. | 0:06:28 | 0:06:34 | |
The Office of Fair Trading states there are around | 0:06:37 | 0:06:41 | |
15,000 customer complaints per year about new windows and double glazing | 0:06:41 | 0:06:45 | |
supplied and fitted by companies the length and breadth of the UK. | 0:06:45 | 0:06:49 | |
As a company, Safestyle UK is the largest retailer | 0:06:49 | 0:06:52 | |
and manufacturer of uPVC windows and doors for the homeowner | 0:06:52 | 0:06:56 | |
replacement market, and even floats on the London stock market. | 0:06:56 | 0:07:00 | |
It's been trading for 20 years and has ten installation depots | 0:07:00 | 0:07:04 | |
across England and Wales, and install windows and doors | 0:07:04 | 0:07:08 | |
worth over £100 million on domestic properties each year. | 0:07:08 | 0:07:11 | |
Well, I'm now dealing with one of those customers | 0:07:11 | 0:07:14 | |
so I've sent them an e-mail outlining Charlotte's concerns | 0:07:14 | 0:07:17 | |
and asking them what they're going to do about it. | 0:07:17 | 0:07:19 | |
Charlotte was promised her shutters could be installed | 0:07:19 | 0:07:22 | |
after her windows were replaced, so I want to know what happened | 0:07:22 | 0:07:26 | |
and also what they're doing about her outstanding snagging issues. | 0:07:26 | 0:07:30 | |
Hopefully we'll hear something soon, as I've also sent them | 0:07:32 | 0:07:35 | |
details of another disgruntled customer, | 0:07:35 | 0:07:37 | |
and it's looking like I've some investigation to do. | 0:07:37 | 0:07:40 | |
With almost nine million Britons classed as being in serious financial trouble, | 0:07:50 | 0:07:54 | |
it's no surprise the number of debt collection agencies has risen, | 0:07:54 | 0:07:59 | |
with almost £60 billion of unpaid consumer debt | 0:07:59 | 0:08:02 | |
being passed on to them every year. | 0:08:02 | 0:08:04 | |
I'm lucky enough never to have had a knock on the door | 0:08:04 | 0:08:07 | |
and found a debt collector on the other side of it | 0:08:07 | 0:08:10 | |
chasing up unpaid bills, but sadly that's not the case for all of you. | 0:08:10 | 0:08:14 | |
Whether it's disputing a bill or being unable to pay up, | 0:08:14 | 0:08:18 | |
I hear from lots of you telling me about the demands for money | 0:08:18 | 0:08:21 | |
landing on your doorstep. | 0:08:21 | 0:08:23 | |
And even worse, the threat of the debt collectors or bailiffs. | 0:08:23 | 0:08:27 | |
But how many of you would know what to do if debt collectors | 0:08:27 | 0:08:30 | |
or bailiffs turn up at your door? | 0:08:30 | 0:08:32 | |
If you've not paid your bills, they're coming in. | 0:08:32 | 0:08:35 | |
If you're already in the property, a bailiff cannot then | 0:08:35 | 0:08:38 | |
force their way into your property, but if you are not home, | 0:08:38 | 0:08:41 | |
then they can make their way in. | 0:08:41 | 0:08:43 | |
Many of you believe that bailiffs have the right of entry | 0:08:43 | 0:08:46 | |
but can they seize property? | 0:08:46 | 0:08:48 | |
A bailiff enforces court orders, so a right of possession, repossession. | 0:08:48 | 0:08:53 | |
He therefore has the right to repossess a car... | 0:08:53 | 0:08:58 | |
I've never had dealings with a bailiff, | 0:08:58 | 0:09:00 | |
but I believe they're supposed to leave the bed, aren't they? | 0:09:00 | 0:09:02 | |
It's important to know what to do if you do get an unwelcome visit. | 0:09:02 | 0:09:06 | |
The Citizens Advice Bureau help members of the public every day | 0:09:06 | 0:09:09 | |
who are facing debt worries, | 0:09:09 | 0:09:11 | |
and they certainly know what your rights are. | 0:09:11 | 0:09:14 | |
If a debt collector comes round, they have no rights whatsoever. | 0:09:14 | 0:09:18 | |
I mean, you don't have to let them in your house, | 0:09:18 | 0:09:21 | |
they can't come into your house, they can't take any goods. | 0:09:21 | 0:09:24 | |
A bailiff is different in that they're usually operating | 0:09:24 | 0:09:27 | |
under a warrant from the court, so if they are allowed access | 0:09:27 | 0:09:30 | |
to your property, they can possibly levy on goods | 0:09:30 | 0:09:33 | |
that you own and possibly take the goods. | 0:09:33 | 0:09:36 | |
Well, Vince contacted me about his council tax arrears | 0:09:36 | 0:09:40 | |
and a visit he had from a bailiff. | 0:09:40 | 0:09:43 | |
He arranged a repayment plan and paid it off, | 0:09:43 | 0:09:46 | |
but then he got a knock on the door from another bailiff, | 0:09:46 | 0:09:50 | |
this time because he owed money for bailiff fees! | 0:09:50 | 0:09:53 | |
And sadly, that's something you've got to take into account. | 0:09:53 | 0:09:56 | |
Bailiffs, their fees are laid down by legislation in the majority of cases, | 0:09:56 | 0:10:00 | |
and it will tell you what stage they can add what fees. | 0:10:00 | 0:10:04 | |
But legislation recently changed and those fees have gone up. | 0:10:04 | 0:10:09 | |
With the new proposed legislation, | 0:10:10 | 0:10:12 | |
they'll be able to charge £75 for receiving the warrant | 0:10:12 | 0:10:15 | |
and a further £235 for the first visit, | 0:10:15 | 0:10:18 | |
so that will be £310. | 0:10:18 | 0:10:21 | |
That's an expensive added extra if you've got yourself into debt. | 0:10:21 | 0:10:25 | |
But there are also regulations which have just come into force | 0:10:25 | 0:10:29 | |
in April 2014, and these include a ban on bailiffs | 0:10:29 | 0:10:31 | |
entering homes at night, when only children are present | 0:10:31 | 0:10:35 | |
and from using physical force against debtors. | 0:10:35 | 0:10:38 | |
They will also have to give seven days' notice before taking | 0:10:38 | 0:10:41 | |
possessions, unless they have specific permission from a court | 0:10:41 | 0:10:45 | |
and will be prevented from taking essentials such as washing machines. | 0:10:45 | 0:10:49 | |
That's good to bear in mind but it doesn't help | 0:10:49 | 0:10:51 | |
if you don't think you owe them money. | 0:10:51 | 0:10:54 | |
I've had several e-mails from people who are adamant | 0:10:54 | 0:10:57 | |
they don't owe what they've being chased for. | 0:10:57 | 0:11:00 | |
If you don't believe you owe the money, then the first thing to do | 0:11:00 | 0:11:03 | |
would be to contact the creditor and explain why you don't owe the money. | 0:11:03 | 0:11:07 | |
If you can then resolve that, again, | 0:11:07 | 0:11:10 | |
you have organisations you can take complaints to. | 0:11:10 | 0:11:12 | |
For example, the Financial Ombudsman Service will deal with complaints. | 0:11:12 | 0:11:16 | |
None of us want to get into debt, but times are tough | 0:11:16 | 0:11:20 | |
and there are options if you cannot afford to repay the money. | 0:11:20 | 0:11:24 | |
If you owe the money but can't afford the repayments, | 0:11:24 | 0:11:27 | |
we would always advise you to contact the creditor in the first instance | 0:11:27 | 0:11:31 | |
to see if you can come up with a repayment plan | 0:11:31 | 0:11:33 | |
which the creditor would accept. | 0:11:33 | 0:11:34 | |
If you're having problems with that, | 0:11:34 | 0:11:36 | |
we'd advise you to go to an advice agency and seek help. | 0:11:36 | 0:11:39 | |
And they can hopefully negotiate for you a repayment plan you can afford. | 0:11:39 | 0:11:44 | |
And if your debts spiral | 0:11:44 | 0:11:46 | |
and you really cannot pay your creditors, | 0:11:46 | 0:11:49 | |
there are still some measures you can take. | 0:11:49 | 0:11:51 | |
If a person is in so much debt that they can't control it | 0:11:51 | 0:11:54 | |
and they want to take a formal option, there are four of them. | 0:11:54 | 0:11:58 | |
There's an administration order, | 0:11:58 | 0:12:00 | |
where you owe less than £5,000 | 0:12:00 | 0:12:01 | |
and one of your debts is a County Court Judgement. | 0:12:01 | 0:12:04 | |
There's a debt relief order, where your debts are below £15,000 | 0:12:04 | 0:12:09 | |
and you don't have assets valued over £300, | 0:12:09 | 0:12:12 | |
or spare income of over £50 a month. | 0:12:12 | 0:12:15 | |
There's an individual voluntary arrangement. | 0:12:15 | 0:12:17 | |
This is where you've got available income of, say, £200, | 0:12:17 | 0:12:21 | |
£300 a month and you want to protect an asset. | 0:12:21 | 0:12:23 | |
And then there's bankruptcy. | 0:12:23 | 0:12:25 | |
Although there are options out there for you, | 0:12:25 | 0:12:28 | |
the best thing would be to ensure you don't get into | 0:12:28 | 0:12:31 | |
financial trouble in the first place. | 0:12:31 | 0:12:33 | |
Before you borrow money, draw up a financial statement, | 0:12:33 | 0:12:36 | |
a budget sheet, check you can afford to repay the money. | 0:12:36 | 0:12:40 | |
So there you have it. | 0:12:40 | 0:12:41 | |
Know what you owe, and take this advice, so you don't get done. | 0:12:41 | 0:12:45 | |
I've been looking into a complaint | 0:12:50 | 0:12:51 | |
from Charlotte and Michael Winter about their new windows. | 0:12:51 | 0:12:55 | |
They're unhappy with the finish of the windows and, | 0:12:55 | 0:12:58 | |
contrary to their promises, | 0:12:58 | 0:12:59 | |
Safestyle has been unable to refit her plantation shutters. | 0:12:59 | 0:13:02 | |
Before my involvement, they had sent her a cheque for £1,500 | 0:13:02 | 0:13:06 | |
to replace the shutters, but she has not been able to do that yet | 0:13:06 | 0:13:11 | |
and is still waiting for another company to see if her shutters | 0:13:11 | 0:13:13 | |
can be adjusted to fit around her windows. | 0:13:13 | 0:13:16 | |
There is no way, really, that we could have adapted the framework | 0:13:16 | 0:13:21 | |
to fit, because the dimensions were completely different. | 0:13:21 | 0:13:27 | |
You know, shutters are made-to-measure. | 0:13:27 | 0:13:30 | |
Well, the Winters aren't the only unhappy customers | 0:13:30 | 0:13:33 | |
because I've been contacted by Paul, who complained to Safestyle | 0:13:33 | 0:13:37 | |
after his father-in-law Eric signed up to new windows. | 0:13:37 | 0:13:40 | |
Eric needed this window changing because the seals | 0:13:40 | 0:13:44 | |
around the window had gone, and there was condensation in there. | 0:13:44 | 0:13:48 | |
And the draught-proofing on there was virtually nonexistent | 0:13:48 | 0:13:52 | |
and rotting away, so it was literally hanging on by a thread. | 0:13:52 | 0:13:55 | |
Eric has lived in the house for 35 years with his wife, Wendy. | 0:13:55 | 0:14:00 | |
He's already had new patio doors installed | 0:14:00 | 0:14:02 | |
ten years previously by Safestyle, | 0:14:02 | 0:14:05 | |
so had no concerns about inviting a sales rep in when he called round. | 0:14:05 | 0:14:09 | |
I said, yes, | 0:14:09 | 0:14:11 | |
I could do with a bathroom window. | 0:14:11 | 0:14:13 | |
He said, "I'll send somebody round to see you, then." | 0:14:13 | 0:14:18 | |
But when the surveyor arrived the next day, | 0:14:18 | 0:14:21 | |
he pointed out to Eric he thought his current bay windows | 0:14:21 | 0:14:24 | |
were cold and draughty, and that there was a chance | 0:14:24 | 0:14:26 | |
they could be easily removed in a break-in. | 0:14:26 | 0:14:29 | |
When Paul found out, he wasn't convinced | 0:14:29 | 0:14:31 | |
these extra windows were actually necessary. | 0:14:31 | 0:14:33 | |
Yes, they are old. Yes, they may be a little inefficient. | 0:14:33 | 0:14:37 | |
But they are double glazing, they're not single. | 0:14:37 | 0:14:39 | |
They do a job, they keep the weather out, and they keep the draughts out. | 0:14:39 | 0:14:42 | |
They're not leaking, the seals haven't gone on them, | 0:14:42 | 0:14:45 | |
it's perfectly serviceable. | 0:14:45 | 0:14:47 | |
We don't disagree that the one window that we asked for | 0:14:47 | 0:14:51 | |
in the first place - in the bathroom - | 0:14:51 | 0:14:53 | |
needed doing, because it was leaking. | 0:14:53 | 0:14:56 | |
But by this time, Eric had gone ahead | 0:14:56 | 0:14:59 | |
and agreed to the order for £4,800-worth of replacement windows | 0:14:59 | 0:15:02 | |
for the bay, the bathroom and the landing. | 0:15:02 | 0:15:05 | |
However, Paul felt his father-in-law should have got more quotes | 0:15:05 | 0:15:09 | |
before agreeing to such a sizeable order. | 0:15:09 | 0:15:13 | |
I did do a bit of research with local companies | 0:15:13 | 0:15:16 | |
as to what pricing would be on the windows. I managed to | 0:15:16 | 0:15:19 | |
get a quote, from a local dealer, of £270 to fit the bathroom window. | 0:15:19 | 0:15:25 | |
You're probably looking, er, six windows - | 0:15:25 | 0:15:29 | |
1,500, 2,000, 2,200, tops, for all the windows. | 0:15:29 | 0:15:34 | |
But again, the front bay wasn't required, | 0:15:34 | 0:15:36 | |
it's just the one window we wanted. | 0:15:36 | 0:15:38 | |
It was a week since Eric had signed an agreement, | 0:15:38 | 0:15:41 | |
so Paul told him to cancel | 0:15:41 | 0:15:42 | |
and thought it would be a simple conversation. | 0:15:42 | 0:15:45 | |
He was sorely mistaken. | 0:15:45 | 0:15:47 | |
They did say that he was out of the seven-day cooling-off period. | 0:15:47 | 0:15:51 | |
The phone call went on to say that... | 0:15:51 | 0:15:54 | |
the windows are being fitted, | 0:15:54 | 0:15:56 | |
they will be done, and the price is... | 0:15:56 | 0:16:00 | |
And they gave him another price. | 0:16:00 | 0:16:02 | |
Eric agreed to go ahead at the discounted price of £2,400 | 0:16:02 | 0:16:08 | |
So at this stage, Paul took matters into his own hands | 0:16:08 | 0:16:10 | |
and took up the case against Safestyle. But eight months on, | 0:16:10 | 0:16:13 | |
and while the company has agreed not to fit the windows, | 0:16:13 | 0:16:16 | |
they are still chasing Eric for the cost of them. | 0:16:16 | 0:16:19 | |
I hope Dom can get to a point where it's null and void. | 0:16:19 | 0:16:24 | |
We don't want the windows, we don't want to deal with Safestyle, | 0:16:24 | 0:16:29 | |
we just want it to all go away. | 0:16:29 | 0:16:31 | |
Even to the point that it's just "End of." | 0:16:31 | 0:16:34 | |
I've put both cases to Safestyle's Rick Short and he's told me - | 0:16:39 | 0:16:42 | |
as far as Charlotte is concerned, | 0:16:42 | 0:16:44 | |
they've already sent her a cheque | 0:16:44 | 0:16:46 | |
to cover for a replacement for new shutters, | 0:16:46 | 0:16:48 | |
and they're going to send round an engineer | 0:16:48 | 0:16:50 | |
to have a look at her windows next week. | 0:16:50 | 0:16:52 | |
So I'll give them a call back then. | 0:16:52 | 0:16:54 | |
And as far as Eric is concerned, Rick Short tells me | 0:16:54 | 0:16:57 | |
that his original presentation was on February 5th, | 0:16:57 | 0:17:00 | |
and that's when he entered into a contract. | 0:17:00 | 0:17:03 | |
He tells me Eric didn't cancel until February 12th, day eight, | 0:17:03 | 0:17:07 | |
and they'd already started to manufacture the windows, | 0:17:07 | 0:17:10 | |
therefore, he has to pay. | 0:17:10 | 0:17:12 | |
But I said, hang on a second, | 0:17:12 | 0:17:14 | |
that visit was late on a Sunday evening, | 0:17:14 | 0:17:16 | |
so Eric wouldn't have been able to cancel a contract | 0:17:16 | 0:17:19 | |
until the following day anyhow. | 0:17:19 | 0:17:21 | |
So surely that's when his cancellation period should have started? | 0:17:21 | 0:17:24 | |
Now, of course, that's my opinion. | 0:17:24 | 0:17:26 | |
Let's see what the law of the land says. | 0:17:26 | 0:17:29 | |
The thing about both cases is, neither Eric nor Charlotte | 0:17:30 | 0:17:34 | |
went into a shop to buy their windows | 0:17:34 | 0:17:36 | |
and both were approached on their own doorstep by sales reps, | 0:17:36 | 0:17:39 | |
and when that happens, you are covered by very specific rights. | 0:17:39 | 0:17:43 | |
Today, I've come to meet lawyer Kevin Porter. | 0:17:43 | 0:17:48 | |
Kevin, are door-to-door salespeople regulated? | 0:17:50 | 0:17:52 | |
There is protections provided. | 0:17:52 | 0:17:54 | |
They are called the Consumer Protection Cancellation of Contracts | 0:17:54 | 0:17:57 | |
Concluded Away From Business Premises Regulations, 1987. | 0:17:57 | 0:18:00 | |
And all that really means is that | 0:18:00 | 0:18:02 | |
you're protected from misrepresentations | 0:18:02 | 0:18:04 | |
and misleading information, | 0:18:04 | 0:18:05 | |
and basically being told things which aren't true. | 0:18:05 | 0:18:08 | |
And the regulations cover specific time frames for cancellations. | 0:18:08 | 0:18:12 | |
Usually, if there is an agreement being signed, there is | 0:18:12 | 0:18:14 | |
this cooling-off period. Typically, in seven days. | 0:18:14 | 0:18:16 | |
And that's usually the time that you need to think about things | 0:18:16 | 0:18:19 | |
and to assess, and to check you've got the funds in the bank. | 0:18:19 | 0:18:23 | |
And make sure you cancel the agreement in writing, presumably? | 0:18:23 | 0:18:26 | |
That's right. E-mails, letters, even faxes, | 0:18:26 | 0:18:29 | |
if you want to, get something in writing. | 0:18:29 | 0:18:32 | |
And keep a copy of it yourself. That's the other tip. | 0:18:32 | 0:18:35 | |
'OK, time to get down to the facts. | 0:18:35 | 0:18:38 | |
'Like when that cooling-off period starts.' | 0:18:38 | 0:18:41 | |
-The seven days starts... -I was just going to ask you that, right. | 0:18:41 | 0:18:45 | |
The seven days starts on the day that you sign that agreement. | 0:18:45 | 0:18:48 | |
-Regardless of what time? -Regardless of what time. | 0:18:48 | 0:18:51 | |
So it's seven days inclusive of that date. | 0:18:51 | 0:18:54 | |
In Eric's case, he signed at 8pm one evening. | 0:18:54 | 0:18:57 | |
He tried to cancel the equivalent of a week the next day. | 0:18:57 | 0:19:02 | |
-Right. -He's actually gone over? -Yes. | 0:19:02 | 0:19:04 | |
In terms of the statutory protections, | 0:19:04 | 0:19:06 | |
then it's over the time. | 0:19:06 | 0:19:08 | |
Unless there was something separate in the contracts. | 0:19:08 | 0:19:10 | |
Surely it needs to be implemented | 0:19:10 | 0:19:12 | |
from the morning of the next day, so it's seven clear days? | 0:19:12 | 0:19:16 | |
Yes, and there is a lot of confusion about that. | 0:19:16 | 0:19:18 | |
So make sure you are aware, read the small print. | 0:19:18 | 0:19:21 | |
Again, it seems like common sense, | 0:19:21 | 0:19:23 | |
-but do read what you're signing up to. -Great advice, Kevin. | 0:19:23 | 0:19:26 | |
I'll be honest, as you're a solicitor, | 0:19:26 | 0:19:28 | |
I'm going to go before you start invoicing me for your time! | 0:19:28 | 0:19:30 | |
-That sounds good to me. Thank you. -Thanks a lot. | 0:19:30 | 0:19:33 | |
So it seems as though day one of Eric's cancellation period | 0:19:33 | 0:19:35 | |
did start on the day he signed, even though it was late at night. | 0:19:35 | 0:19:39 | |
That's a good piece of information for us all. | 0:19:39 | 0:19:42 | |
But despite that, I think Safestyle is wrong to refuse his rejection | 0:19:42 | 0:19:45 | |
and I'll be putting that to them | 0:19:45 | 0:19:47 | |
when I get a chance to speak to them. In the meantime, | 0:19:47 | 0:19:49 | |
I've heard from Charlotte. | 0:19:49 | 0:19:51 | |
She's told me Safestyle has been out to see her | 0:19:51 | 0:19:53 | |
and the windows are not creaking any more. | 0:19:53 | 0:19:56 | |
Ding-dong! However, the shutters are still a problem. | 0:19:56 | 0:20:00 | |
So if I move this... | 0:20:00 | 0:20:03 | |
..and we open the window like this, it tilts open like this. | 0:20:07 | 0:20:13 | |
And the top one does the same, | 0:20:13 | 0:20:15 | |
and this is meant to be for ease of cleaning, and what have you. | 0:20:15 | 0:20:20 | |
But because of the frame size that's required for the shutters, | 0:20:20 | 0:20:24 | |
we wouldn't have been able to do that. | 0:20:24 | 0:20:27 | |
Charlotte has been told that her original shutters | 0:20:27 | 0:20:29 | |
cannot be adjusted to fit around Safestyle's windows, | 0:20:29 | 0:20:32 | |
and so she's going to have to get custom-made ones to fit. | 0:20:32 | 0:20:36 | |
She has spoken to another company who can offer her new shutters | 0:20:36 | 0:20:39 | |
for around £2,000. But before she agrees to that, | 0:20:39 | 0:20:43 | |
she wants to get an independent expert | 0:20:43 | 0:20:45 | |
to ensure her windows are sound. | 0:20:45 | 0:20:47 | |
-Hello. -Hello, Mrs Winter. Jonathan Burley. Surveyor. -Hello, come in. | 0:20:47 | 0:20:51 | |
Today, Jonathan Burley, | 0:20:51 | 0:20:52 | |
an independent structural engineer, is taking a look. | 0:20:52 | 0:20:55 | |
I want to know that the windows | 0:20:55 | 0:20:57 | |
are fitted safely and securely, | 0:20:57 | 0:21:01 | |
and that we're not going to incur any other problems. | 0:21:01 | 0:21:04 | |
Jonathan undertakes a thorough inspection of Safestyle's work. | 0:21:04 | 0:21:10 | |
It looks like this angle on the bay here | 0:21:10 | 0:21:14 | |
has been dislodged by the window movement. | 0:21:14 | 0:21:16 | |
-You can see that because underneath the tile, it's dropped... -Right. | 0:21:16 | 0:21:21 | |
-..by about half an inch. -Yes. | 0:21:21 | 0:21:24 | |
Now, have you had any problems with draughts, or water ingress | 0:21:24 | 0:21:27 | |
through the windows at all since they've been fitted? | 0:21:27 | 0:21:31 | |
Not water, but we did with draughts up until about two weeks ago. | 0:21:31 | 0:21:35 | |
Hopefully, that problem was fixed. | 0:21:35 | 0:21:38 | |
The sill is welded, which all looks good. | 0:21:38 | 0:21:41 | |
That just about sums up the ground floor windows. | 0:21:41 | 0:21:45 | |
After a quick look round upstairs, Jonathan has his verdict. | 0:21:45 | 0:21:49 | |
Overall, the windows are fit for purpose, in my view. | 0:21:49 | 0:21:53 | |
There are one or two finishing details which need to be | 0:21:53 | 0:21:57 | |
addressed by the company before you make final payment. | 0:21:57 | 0:22:01 | |
-OK. That's brilliant. I mean, that was our main concern. -Yes. | 0:22:01 | 0:22:06 | |
And if there are just those little points to go over | 0:22:06 | 0:22:09 | |
and nothing else, then that's what we wanted to know. | 0:22:09 | 0:22:13 | |
-Thank you. -Yes. | 0:22:13 | 0:22:14 | |
It's good news for Charlotte. Her windows are up to scratch. | 0:22:14 | 0:22:19 | |
So now, it's just the issue of new shutters | 0:22:19 | 0:22:21 | |
that I need to broach with Safestyle. | 0:22:21 | 0:22:24 | |
But there's a few things I want to check out first. | 0:22:24 | 0:22:27 | |
If Charlotte and Eric had done some research | 0:22:27 | 0:22:29 | |
into this multibillion pound industry, | 0:22:29 | 0:22:31 | |
shopped around and asked some questions, | 0:22:31 | 0:22:33 | |
could they have avoided all this stress? | 0:22:33 | 0:22:36 | |
What should consumers be doing | 0:22:36 | 0:22:38 | |
to ensure what they're getting is right for them? | 0:22:38 | 0:22:41 | |
The Glass and Glazing Federation is a trade association | 0:22:42 | 0:22:46 | |
which vets its members within the industry, | 0:22:46 | 0:22:48 | |
and customer complaint is one area it deals with. | 0:22:48 | 0:22:51 | |
We'd be looking at | 0:22:51 | 0:22:53 | |
maybe 100 complaints in the year. | 0:22:53 | 0:22:56 | |
It is a very low number compared to the number of installations a year, | 0:22:56 | 0:23:00 | |
which shows that the vast majority of installations do go correctly. | 0:23:00 | 0:23:05 | |
And the federation runs a conciliation and arbitration process | 0:23:05 | 0:23:10 | |
should a customer have an ongoing complaint | 0:23:10 | 0:23:12 | |
against one of its members. | 0:23:12 | 0:23:14 | |
But if, as consumers, we do our homework before we buy, | 0:23:14 | 0:23:17 | |
perhaps we can avoid getting into a situation | 0:23:17 | 0:23:19 | |
like Eric and Paul did, | 0:23:19 | 0:23:21 | |
where they ended up ordering more than they had originally planned. | 0:23:21 | 0:23:25 | |
When Eric started the ball rolling, | 0:23:25 | 0:23:27 | |
in his wildest imagination did he not think that he was going to end up | 0:23:27 | 0:23:32 | |
being sold a bay window and another window on top of this. | 0:23:32 | 0:23:37 | |
I would suggest you follow the GGF recommendation | 0:23:37 | 0:23:39 | |
of getting several quotations. | 0:23:39 | 0:23:42 | |
You can compare their products, and then buy with confidence. | 0:23:42 | 0:23:46 | |
That's always good advice | 0:23:46 | 0:23:47 | |
whenever you're shopping for home improvements, | 0:23:47 | 0:23:50 | |
and getting a separate survey is another good idea. | 0:23:50 | 0:23:53 | |
Within the glass and glazing industry, | 0:23:53 | 0:23:55 | |
there's several stages of the sales and installation process. | 0:23:55 | 0:24:00 | |
Part of those are, you could have a sales visit, | 0:24:00 | 0:24:03 | |
then you'd have a technical survey. | 0:24:03 | 0:24:05 | |
Often the technical survey will be doing the accurate measurement, | 0:24:05 | 0:24:09 | |
checking for structural... of the building | 0:24:09 | 0:24:12 | |
to ensure that it's safe to put those windows in. | 0:24:12 | 0:24:16 | |
If the consumer were to say, "I don't want the windows," | 0:24:16 | 0:24:19 | |
you'd then just be paying for that extra survey | 0:24:19 | 0:24:23 | |
to show what is required. | 0:24:23 | 0:24:25 | |
And if you have a special requirement, | 0:24:25 | 0:24:27 | |
such as Charlotte and her shutters, | 0:24:27 | 0:24:29 | |
it's important you make them known to the sales rep | 0:24:29 | 0:24:32 | |
to avoid disappointment. | 0:24:32 | 0:24:33 | |
We lift this up...to here. | 0:24:33 | 0:24:37 | |
And you can quite clearly see that | 0:24:39 | 0:24:44 | |
this is the difference in the size at the sides, | 0:24:44 | 0:24:48 | |
and so that comes right across the window here, | 0:24:48 | 0:24:51 | |
so we wouldn't be able to tilt it and, you know, open it. | 0:24:51 | 0:24:56 | |
If a consumer wants some specific feature or specific service, | 0:24:56 | 0:25:02 | |
you should make sure that is within the contract. | 0:25:02 | 0:25:05 | |
If that isn't the case for any other the work, | 0:25:05 | 0:25:08 | |
it doesn't necessarily have to be honoured. | 0:25:08 | 0:25:10 | |
Well, I've looked all over Charlotte's contract, | 0:25:10 | 0:25:13 | |
and there's no mention of the shutters. | 0:25:13 | 0:25:15 | |
But I know from Safestyle's e-mail to me, | 0:25:15 | 0:25:17 | |
they have acknowledged that the shutters were discussed. | 0:25:17 | 0:25:20 | |
So I think it's time to see if we can make a move | 0:25:20 | 0:25:23 | |
towards resolving these complaints. | 0:25:23 | 0:25:25 | |
Safestyle. Right. | 0:25:28 | 0:25:30 | |
Now, I've not actually managed to speak to them yet on the phone, | 0:25:30 | 0:25:33 | |
but there has been a little bit of backward and forward with e-mails. | 0:25:33 | 0:25:36 | |
So I'm quite looking forward to this first call, | 0:25:36 | 0:25:38 | |
just to get an idea of what they're like, | 0:25:38 | 0:25:41 | |
and the person we've been e-mailing is Richard. | 0:25:41 | 0:25:44 | |
So, let's see what he's like as a customer services manager. | 0:25:44 | 0:25:49 | |
Hello, Richard. Yes, thanks. Thanks for taking the call. | 0:25:54 | 0:25:56 | |
I know you were engaged just a second ago. | 0:25:56 | 0:25:59 | |
Richard, I just wanted to speak to you about a couple of cases | 0:25:59 | 0:26:02 | |
which we brought to your attention. | 0:26:02 | 0:26:03 | |
I know you're aware of them at the moment... | 0:26:03 | 0:26:05 | |
'Richard starts off by reiterating that as far as they are concerned, | 0:26:05 | 0:26:09 | |
'Eric cancelled outside of his cooling-off period.' | 0:26:09 | 0:26:12 | |
Are you telling me that you've served Eric | 0:26:12 | 0:26:15 | |
with notification of his rights to cancel that evening, | 0:26:15 | 0:26:18 | |
when he signed a contract? | 0:26:18 | 0:26:19 | |
'That's right, yes.' | 0:26:19 | 0:26:20 | |
Richard confirms that was the case, | 0:26:20 | 0:26:23 | |
but he says he is keen to resolve matters for Eric. | 0:26:23 | 0:26:26 | |
Time to discuss Charlotte's shutters. | 0:26:26 | 0:26:28 | |
I don't even... I don't believe you're aware at this point, | 0:26:28 | 0:26:31 | |
at the moment, but they're even saying now | 0:26:31 | 0:26:33 | |
that they had to do more modifications | 0:26:33 | 0:26:35 | |
and they're talking about having to replace all the blinds, | 0:26:35 | 0:26:38 | |
which is going to be £2,500. | 0:26:38 | 0:26:39 | |
Something about the post not being strong enough, I think, | 0:26:39 | 0:26:42 | |
to take the weight of the blinds. | 0:26:42 | 0:26:44 | |
Richard says he'll look into what they can offer Charlotte. | 0:26:44 | 0:26:47 | |
Richard, thanks ever so much for your time. | 0:26:47 | 0:26:49 | |
I appreciate you taking the call. | 0:26:49 | 0:26:50 | |
-'That's no problem. Thank you very much.' -And you. Bye-bye, then. | 0:26:50 | 0:26:53 | |
-'Speak to you again. Cheers.' -Bye-bye. | 0:26:53 | 0:26:55 | |
It's clear from talking to Richard that he is keen to resolve | 0:26:55 | 0:26:58 | |
both cases, and he'll be making a full offer in writing soon. | 0:26:58 | 0:27:01 | |
Right from a young age, we're being told, | 0:27:06 | 0:27:08 | |
put some savings away for a rainy day, | 0:27:08 | 0:27:10 | |
and it's pretty good advice. But I've heard from some of you | 0:27:10 | 0:27:14 | |
whose little nest egg has disappeared without a trace. | 0:27:14 | 0:27:17 | |
Such as Dan Laffoley, | 0:27:17 | 0:27:20 | |
who's been battling to trace his lost inheritance. | 0:27:20 | 0:27:23 | |
My grandmother died when I was very young. | 0:27:23 | 0:27:26 | |
I was only eight years old, and my brother was ten, | 0:27:26 | 0:27:30 | |
and we lived in Jersey, and she lived in Lincolnshire, | 0:27:30 | 0:27:33 | |
so we only saw her from time to time. | 0:27:33 | 0:27:35 | |
But it wasn't until recently that Dan discovered | 0:27:35 | 0:27:38 | |
his grandmother had left him and his brother a legacy. | 0:27:38 | 0:27:42 | |
So it must have been in the autumn of 2011 | 0:27:42 | 0:27:46 | |
that a solicitor's contacted me on e-mail, saying, | 0:27:46 | 0:27:50 | |
"Do you have any connection to Jersey?" | 0:27:50 | 0:27:53 | |
And I was quite clearly suspicious about this, | 0:27:53 | 0:27:57 | |
and we to'd and fro'd for a while | 0:27:57 | 0:27:59 | |
until we had the conversation about what they wanted to talk to me about. | 0:27:59 | 0:28:03 | |
And that was about some money that had been set aside | 0:28:03 | 0:28:05 | |
in an account four decades ago. | 0:28:05 | 0:28:08 | |
When my grandmother had died, back in 1972, as part of the will, | 0:28:08 | 0:28:14 | |
she'd left £100 to me and my brother | 0:28:14 | 0:28:16 | |
in these Bradford & Bingley passbooks. | 0:28:16 | 0:28:19 | |
And it was quite emotional, because it wasn't just about the money. | 0:28:19 | 0:28:23 | |
It was £100, but in modern day money, that's probably 1,000 or so. | 0:28:23 | 0:28:28 | |
So this is the kind of last connection in a way between myself | 0:28:28 | 0:28:32 | |
and my grandmother, and the wish that she had for my brother as well. | 0:28:32 | 0:28:35 | |
Sadly, this news was even more poignant for Dan, | 0:28:35 | 0:28:38 | |
as his brother had died a few years before. | 0:28:38 | 0:28:41 | |
Dan's grandmother had set up the two accounts | 0:28:41 | 0:28:44 | |
and left the paperwork in the care of her solicitors. | 0:28:44 | 0:28:47 | |
The passbooks had been in the vaults since probably the summer of 1972. | 0:28:47 | 0:28:53 | |
Clearly, hadn't been touched, | 0:28:53 | 0:28:55 | |
and I think it was only when they were clearing through old records | 0:28:55 | 0:28:59 | |
in their vault that they came across them, | 0:28:59 | 0:29:02 | |
and were probably quite horrified that there were still | 0:29:02 | 0:29:05 | |
two open bank books in their vaults, which is when they contacted us. | 0:29:05 | 0:29:10 | |
And it wasn't long before Dan had the passbooks | 0:29:10 | 0:29:12 | |
and decided to access the money. | 0:29:12 | 0:29:15 | |
The passbooks were with Bradford & Bingley, | 0:29:15 | 0:29:17 | |
one of the several building societies which was taken over | 0:29:17 | 0:29:20 | |
by Santander in September 2008. | 0:29:20 | 0:29:24 | |
So once I had the passbooks in my hand, I thought, "Well, | 0:29:24 | 0:29:27 | |
"let's go into Santander. This must be fairly straightforward." | 0:29:27 | 0:29:30 | |
After discussions in the branch, they said, no, | 0:29:30 | 0:29:32 | |
they had a special team who could almost certainly help, | 0:29:32 | 0:29:36 | |
and they then put me in touch with them. | 0:29:36 | 0:29:38 | |
So, easy. Or so it seemed at first. | 0:29:38 | 0:29:42 | |
Once we were in discussions with Santander, | 0:29:42 | 0:29:46 | |
we then started corresponding with them, | 0:29:46 | 0:29:48 | |
and it became rapidly clear | 0:29:48 | 0:29:51 | |
that they didn't really know anything about these accounts. | 0:29:51 | 0:29:55 | |
They said they couldn't find any record. | 0:29:55 | 0:29:58 | |
Confused, Dan started a complaints process with the bank, | 0:29:58 | 0:30:02 | |
but he didn't get very far. | 0:30:02 | 0:30:04 | |
They basically couldn't find any records of the account, | 0:30:04 | 0:30:08 | |
said therefore they must have been closed. | 0:30:08 | 0:30:10 | |
There is no evidence that these accounts were closed. | 0:30:10 | 0:30:13 | |
They've been in the vaults of a solicitor, | 0:30:13 | 0:30:15 | |
and when we actually received the books, | 0:30:15 | 0:30:18 | |
they have no closure lines on them. They're still open. | 0:30:18 | 0:30:21 | |
Santander told Dan they have to hold records for six years, | 0:30:21 | 0:30:25 | |
and with no records of him, his grandmother, or the account, | 0:30:25 | 0:30:28 | |
the case was closed. But Dan wasn't happy. | 0:30:28 | 0:30:31 | |
It's not for me to prove I've had the money, | 0:30:31 | 0:30:34 | |
it's for Santander to prove what they've done with the accounts, | 0:30:34 | 0:30:37 | |
and they couldn't. So if they can't do that, | 0:30:37 | 0:30:40 | |
then it's their responsibility. | 0:30:40 | 0:30:41 | |
Well, that's Dan's opinion. | 0:30:41 | 0:30:44 | |
But who is the onus really on to prove an account has been closed? | 0:30:44 | 0:30:47 | |
Whereas in normal circumstances, the onus would be | 0:30:49 | 0:30:52 | |
on a consumer to prove the issue, | 0:30:52 | 0:30:55 | |
to prove what they are saying, | 0:30:55 | 0:30:57 | |
when we're dealing with banks, large financial institutions, | 0:30:57 | 0:31:01 | |
I think it's reasonable for a consumer to say to the bank, | 0:31:01 | 0:31:05 | |
"What is the proof? What's happened here? | 0:31:05 | 0:31:07 | |
"What is the paperwork? What does it show?" | 0:31:07 | 0:31:09 | |
We're all aware of issues with banks | 0:31:09 | 0:31:12 | |
and mis-selling of financial products, | 0:31:12 | 0:31:15 | |
and I would think it's reasonable in this day and age | 0:31:15 | 0:31:19 | |
for a consumer to expect that the bank has comprehensive details | 0:31:19 | 0:31:23 | |
of bank accounts, when they were closed, on what date, et cetera. | 0:31:23 | 0:31:28 | |
I agree, Brian, but perhaps it's not that simple | 0:31:28 | 0:31:31 | |
when it comes to a case such as Dan's, | 0:31:31 | 0:31:34 | |
which dates back decades before digital data existed. | 0:31:34 | 0:31:37 | |
However, Dan Laffoley still asked for proof | 0:31:37 | 0:31:40 | |
his account had been closed, and with none forthcoming, | 0:31:40 | 0:31:43 | |
he was advised to take his complaint to the Financial Ombudsman Service. | 0:31:43 | 0:31:48 | |
So when the Ombudsman Service is looking at complaints | 0:31:48 | 0:31:50 | |
about dormant accounts, one of the things we need to do is | 0:31:50 | 0:31:53 | |
think about what the law says about what people need to do, | 0:31:53 | 0:31:55 | |
and we look at things like what the regulator has said | 0:31:55 | 0:31:57 | |
and if there are any specific rules. | 0:31:57 | 0:31:59 | |
And there aren't any specific rules from the regulator | 0:31:59 | 0:32:01 | |
about how long these records should be kept. | 0:32:01 | 0:32:04 | |
Typically, people tend to keep them for around six years. | 0:32:04 | 0:32:07 | |
Often that will be enough. | 0:32:07 | 0:32:10 | |
And if there aren't records that are available, | 0:32:10 | 0:32:12 | |
what we do look at is just the evidence that is available | 0:32:12 | 0:32:15 | |
and work it out from there. | 0:32:15 | 0:32:16 | |
But Dan had his passbooks, which state, | 0:32:16 | 0:32:19 | |
"must be relinquished when closing the account". | 0:32:19 | 0:32:22 | |
Surely that's evidence enough? | 0:32:22 | 0:32:23 | |
The fact that somebody's got the passbook | 0:32:23 | 0:32:25 | |
of itself won't necessarily mean that | 0:32:25 | 0:32:28 | |
that meant that the money was still there. | 0:32:28 | 0:32:30 | |
So we do see a regular number of complaints about this issue, | 0:32:30 | 0:32:33 | |
but actually, in the grand scheme of things, | 0:32:33 | 0:32:35 | |
they're not huge numbers of complaints. | 0:32:35 | 0:32:38 | |
So when we see them, we look at them individually and reach a conclusion. | 0:32:38 | 0:32:42 | |
If we did identify anything systemic then | 0:32:42 | 0:32:45 | |
we would let the regulator know about that. | 0:32:45 | 0:32:47 | |
The FOS did look into Dan's case but concluded that as Santander | 0:32:47 | 0:32:52 | |
had no knowledge of the account, it must have been closed. | 0:32:52 | 0:32:55 | |
But Dan still thinks otherwise. | 0:32:55 | 0:32:57 | |
I believe that our money is probably sitting somewhere, forgotten. | 0:32:57 | 0:33:02 | |
The pass books have been kept all their life by solicitors | 0:33:02 | 0:33:05 | |
until the point that we received them. | 0:33:05 | 0:33:08 | |
For me, it is about more than the money. | 0:33:08 | 0:33:10 | |
The money is important, in a way. | 0:33:10 | 0:33:13 | |
But it is about the sentiment, it is | 0:33:13 | 0:33:14 | |
about the fact that my grandmother didn't have a lot of money. | 0:33:14 | 0:33:18 | |
And so this meant an awful lot to her, both in terms | 0:33:18 | 0:33:21 | |
of the meaning of what she was doing but in terms of the money involved. | 0:33:21 | 0:33:24 | |
And it is also because, since she left myself | 0:33:24 | 0:33:27 | |
and my brother the money, my brother has unfortunately passed away. | 0:33:27 | 0:33:31 | |
So there is a kind of double emotion with this, | 0:33:31 | 0:33:34 | |
and, you know, the right thing should be done here. | 0:33:34 | 0:33:37 | |
In the course of talking to Santander about Mr Laffoley's | 0:33:39 | 0:33:41 | |
complaint, they have told us that | 0:33:41 | 0:33:44 | |
the case was investigated by both Santander and the financial | 0:33:44 | 0:33:48 | |
ombudsman, who both concluded that the account was closed before 2008. | 0:33:48 | 0:33:52 | |
They have told us the most likely explanation is that | 0:33:52 | 0:33:56 | |
the account was closed by lawyers as part of the probate case in 1972. | 0:33:56 | 0:34:00 | |
And that as this would have been done by letter, | 0:34:00 | 0:34:02 | |
the pass books were unlikely to have been stamped during the process. | 0:34:02 | 0:34:07 | |
We contacted the solicitors dealing with Dan's case and asked them | 0:34:07 | 0:34:11 | |
to respond to this. | 0:34:11 | 0:34:12 | |
They told us... | 0:34:12 | 0:34:14 | |
Santander told us... | 0:34:29 | 0:34:31 | |
Are we finished? Cos I want my 10p back. Oh, that's handy! | 0:34:44 | 0:34:48 | |
I have been getting a clearer view of two customers' complaints. | 0:34:54 | 0:34:58 | |
Both entered into contracts with double glazing | 0:34:58 | 0:35:00 | |
and window firm, Safestyle. | 0:35:00 | 0:35:02 | |
Eric tried to cancel after son-in-law Paul felt | 0:35:02 | 0:35:05 | |
he didn't need what he'd ordered, but he's being charged | 0:35:05 | 0:35:08 | |
the full amount as he was told he missed his cooling off period. | 0:35:08 | 0:35:12 | |
PAUL: 'I got through to him to say that you need to stop this now. | 0:35:12 | 0:35:15 | |
'Yes, you probably do need some windows | 0:35:15 | 0:35:17 | |
'but you can get it done for less than half of that.' | 0:35:17 | 0:35:20 | |
Eric then phoned up the next day and the saga then ensued after that. | 0:35:20 | 0:35:25 | |
And eight months after her windows were fitted, Charlotte is | 0:35:25 | 0:35:28 | |
finally happy after Safestyle rectified some outstanding issues. | 0:35:28 | 0:35:33 | |
But she was promised her plantation shutters could remain | 0:35:33 | 0:35:35 | |
and it turns out they are not compatible with her new windows. | 0:35:35 | 0:35:39 | |
Both the salesman and the surveyor that came out to measure up | 0:35:39 | 0:35:43 | |
for the new windows were both told that the shutters were | 0:35:43 | 0:35:48 | |
hopefully going to be reinstated. | 0:35:48 | 0:35:52 | |
There have been some interesting elements to these cases, | 0:35:52 | 0:35:55 | |
including just how transparent the law on doorstep selling | 0:35:55 | 0:35:57 | |
and the cooling off period is, or isn't. | 0:35:57 | 0:36:00 | |
And in the meantime, Rick from Safestyle has been in contact. | 0:36:00 | 0:36:04 | |
He's making an offer to Charlotte. | 0:36:04 | 0:36:06 | |
Dom took over communications with Safestyle for us, | 0:36:06 | 0:36:11 | |
and since then he has managed to get some more money for us | 0:36:11 | 0:36:16 | |
towards shutters, which is great. | 0:36:16 | 0:36:18 | |
Now we can get them organised and fitted. | 0:36:18 | 0:36:23 | |
It feels great that Dom has been able to sort this all out | 0:36:23 | 0:36:27 | |
and get this over and done with and out of our minds. | 0:36:27 | 0:36:31 | |
We can actually start enjoying our new home now. | 0:36:31 | 0:36:35 | |
Safestyle has upped its offer from £1,500 - £1,800 | 0:36:37 | 0:36:41 | |
to go towards new shutters. | 0:36:41 | 0:36:43 | |
They also told us, with regards to specific requests... | 0:36:43 | 0:36:48 | |
They go on to say... | 0:37:09 | 0:37:11 | |
And they've been in touch with Eric and Paul too. | 0:37:49 | 0:37:52 | |
I have heard Safestyle's side of the story so now I have come to | 0:37:53 | 0:37:57 | |
Cannock to hear it from the horse's mouth, Eric and Paul themselves. | 0:37:57 | 0:38:01 | |
-Morning, Paul. -Thanks for coming. -My pleasure. -Come on in. | 0:38:06 | 0:38:11 | |
Right, okey-dokey. So, right, how long have you lived here, Eric? | 0:38:13 | 0:38:18 | |
-35 years. -Crikey. So, you obviously love the area, then? | 0:38:18 | 0:38:23 | |
-I do indeed, yes. -This is your home for life, isn't it? | 0:38:23 | 0:38:27 | |
-My home for life, yes. -'I want to hear Eric's side of the story.' | 0:38:27 | 0:38:31 | |
What was the reason they were saying to you | 0:38:31 | 0:38:34 | |
they weren't allowing you to cancel and they were going to fit them? | 0:38:34 | 0:38:37 | |
Basically, it was out of the seven day cancellation period. | 0:38:37 | 0:38:40 | |
But again, Eric signed, on the fifth, a blank page on a survey form. | 0:38:40 | 0:38:47 | |
The survey form is just yonder, you can have a look at that. | 0:38:47 | 0:38:50 | |
And then they did the survey on the sixth | 0:38:50 | 0:38:53 | |
and he tried to cancel on the 12th. | 0:38:53 | 0:38:55 | |
I argued the point that, 12 minus 5 is 7. | 0:38:55 | 0:38:58 | |
If he was signing a blank page, | 0:38:58 | 0:39:00 | |
and then the survey was done on the sixth, then he knows what | 0:39:00 | 0:39:03 | |
he is actually purchasing, that brings it back into seven days. | 0:39:03 | 0:39:07 | |
So I was toing and froing with their sales manager about the legalities | 0:39:07 | 0:39:12 | |
but he stood his ground and said, "No, it is eight days. | 0:39:12 | 0:39:15 | |
"He has signed it. Tough." | 0:39:15 | 0:39:16 | |
'It looks like Paul has been having the same arguments I have.' | 0:39:16 | 0:39:20 | |
Technically, what he is saying there is right. | 0:39:20 | 0:39:22 | |
They actually class it, day one, as being the day you sign. | 0:39:22 | 0:39:25 | |
So, in theory, what he is saying is right. | 0:39:25 | 0:39:27 | |
At this point, you are at loggerheads, | 0:39:27 | 0:39:29 | |
they have £380 of your money in cash. | 0:39:29 | 0:39:31 | |
You're saying, "Stick your windows, I don't want them." | 0:39:31 | 0:39:35 | |
And they are saying, "No, you're going to have them." | 0:39:35 | 0:39:37 | |
-It is a stand-off. -Yes. I did feel helpless. | 0:39:37 | 0:39:40 | |
I thought, "We can't go anywhere. | 0:39:40 | 0:39:41 | |
"We are absolutely stuck, we're going to end up either paying | 0:39:41 | 0:39:44 | |
the manufacturer costs or having them done," which I didn't want doing. | 0:39:44 | 0:39:48 | |
I got on the phone to them. | 0:39:48 | 0:39:50 | |
I have got to say, they were civil, | 0:39:50 | 0:39:52 | |
which I do like when a company is civil. | 0:39:52 | 0:39:54 | |
And I think they are quite | 0:39:54 | 0:39:55 | |
professional in the way they do address the situation. | 0:39:55 | 0:39:58 | |
They obviously quoted me the fact it now technically was eight days. | 0:39:58 | 0:40:02 | |
They said the goods had been made, | 0:40:02 | 0:40:03 | |
I didn't really go into too much detail | 0:40:03 | 0:40:05 | |
about that because all I wanted | 0:40:05 | 0:40:07 | |
to do was to get you a refund with as least inconvenience as possible. | 0:40:07 | 0:40:11 | |
Anyhow, since then they have obviously contacted you | 0:40:11 | 0:40:15 | |
and you can pick the story up from there. What has happened now? | 0:40:15 | 0:40:19 | |
Safestyle developed this letter and have given us a cheque for £380. | 0:40:19 | 0:40:25 | |
-Right, so you now have got a full refund. -Yes. | 0:40:25 | 0:40:28 | |
-You are allowed out the contract. -Yes. | 0:40:28 | 0:40:32 | |
-You have washed your hands of them. -Yes. | 0:40:32 | 0:40:34 | |
-And these windows which you never felt you needed. -Yes. | 0:40:34 | 0:40:37 | |
-OK. How do you feel? -I feel great about it. -Do you? -Yeah. | 0:40:37 | 0:40:41 | |
-It's a big weight. -I didn't know at first | 0:40:41 | 0:40:43 | |
that you had got my money back! | 0:40:43 | 0:40:45 | |
So when you got that letter, | 0:40:45 | 0:40:47 | |
-you opened the envelope up and saw that cheque, big relief? -Big relief. | 0:40:47 | 0:40:52 | |
Massive relief. | 0:40:52 | 0:40:53 | |
I was at work in Worcester and I was doing a survey on a house | 0:40:53 | 0:40:57 | |
and lo and behold my phone went. Mr Excited here... | 0:40:57 | 0:41:00 | |
All I said was, "I've had a cheque for £380 off Safestyle." | 0:41:00 | 0:41:05 | |
-And Paul says, "Great." And I said, "It is." -It was a victory. | 0:41:05 | 0:41:09 | |
-And you're still smiling now, you're happy. -I am happy about it. I am. | 0:41:09 | 0:41:14 | |
'As well as refunding the cost of the survey, | 0:41:14 | 0:41:17 | |
'as a gesture of goodwill, | 0:41:17 | 0:41:18 | |
'Safestyle has wiped clean the outstanding debt | 0:41:18 | 0:41:21 | |
'for the cost of the windows. | 0:41:21 | 0:41:23 | |
'We contacted Safestyle UK and they said...' | 0:41:23 | 0:41:27 | |
Safestyle refute any allegation that Mr Parbrook signed a blank page, | 0:42:01 | 0:42:04 | |
stating... | 0:42:04 | 0:42:06 | |
They also tell us, they have... | 0:42:18 | 0:42:20 | |
I would like to thank Dom for his help in getting me | 0:42:28 | 0:42:31 | |
out of the contract, yes, and not having to pay for the windows. | 0:42:31 | 0:42:35 | |
I would like to thank him very much. | 0:42:35 | 0:42:37 | |
The irony here, of course, | 0:42:37 | 0:42:40 | |
is the fact that Eric did actually start off wanting a window. | 0:42:40 | 0:42:43 | |
What he didn't want was three windows. | 0:42:43 | 0:42:45 | |
Safestyle have actually done the right thing in giving him | 0:42:45 | 0:42:48 | |
a refund and letting him out of his contract. | 0:42:48 | 0:42:51 | |
So Eric's worries are over. | 0:42:51 | 0:42:52 | |
Now I've got my money back, | 0:42:53 | 0:42:55 | |
and I don't have to pay for the windows, I am over the moon! | 0:42:55 | 0:42:59 | |
I am very pleased. | 0:42:59 | 0:43:01 |