0:00:01 > 0:00:06'I'm Dominic Littlewood and I'm here to champion your consumer rights.'
0:00:06 > 0:00:08I don't mind who I speak to. I just want to try and resolve it.
0:00:08 > 0:00:10'Any problem, whatever the size,
0:00:10 > 0:00:13'I'll help you get the service you deserve...'
0:00:13 > 0:00:16That would worry me about the quality of his work, full stop.
0:00:16 > 0:00:19'..whether that involves getting your money back...'
0:00:19 > 0:00:21My heart just sank because I thought,
0:00:21 > 0:00:24"Where are we going to find this extra money?"
0:00:24 > 0:00:26'..or taking on your contract problems...'
0:00:26 > 0:00:28They stated that it wasn't down to them
0:00:28 > 0:00:30and that it was down to another company.
0:00:30 > 0:00:31'..I'm here to help.
0:00:34 > 0:00:37'And today, I have a couple whose conservatory installer is
0:00:37 > 0:00:42'glossing over the cracks but just how bad their build has been...'
0:00:42 > 0:00:45What I'm really worried about is if I don't take this down,
0:00:45 > 0:00:47it could fall on one of my grandchildren.
0:00:47 > 0:00:51'..and one woman's battle to clear her credit rating after her bank
0:00:51 > 0:00:54'discovered fraudulent activity on the account...'
0:00:54 > 0:00:58I had the bank statement to say that the money had been paid,
0:00:58 > 0:01:02but all these companies were saying they hadn't received it.
0:01:02 > 0:01:04'..and we hear a harrowing tale about disputes
0:01:04 > 0:01:07'when dealing with a deceased person's debts...'
0:01:07 > 0:01:10It's actually quite shocking, just how bad some customer service
0:01:10 > 0:01:12can be when you've lost someone that you love.
0:01:12 > 0:01:15'..and taking on new consumer problems
0:01:15 > 0:01:16'to make sure you don't get done.'
0:01:22 > 0:01:26Adding a conservatory to your house not only increases its value,
0:01:26 > 0:01:29but it gives you an incredibly useful extra room -
0:01:29 > 0:01:33somewhere to relax in, read the papers, enjoy the sunshine,
0:01:33 > 0:01:36but sometimes, getting it built can be incredibly stressful.
0:01:38 > 0:01:40'Dave Thomas from Weston-super-Mare
0:01:40 > 0:01:43'knows just how much of a painful process it can be,
0:01:43 > 0:01:46'after his dream of a beautiful conservatory was shattered.'
0:01:48 > 0:01:51The situation we've been left in at the moment is, we've got
0:01:51 > 0:01:54a half-built conservatory,
0:01:54 > 0:01:57the plastic from the conservatory and the glass
0:01:57 > 0:02:03scattered all over our garden and we're £12,000 out of pocket
0:02:03 > 0:02:05and we've got a building we cannot use.
0:02:05 > 0:02:09'And this is why Dave has written into me.
0:02:09 > 0:02:12'His plans for a conservatory on his house began after his partner
0:02:12 > 0:02:15'Karen moved in, which would mean they needed more room.'
0:02:20 > 0:02:23We first decided about making the house bigger
0:02:23 > 0:02:27because we wanted to have a better dining room
0:02:27 > 0:02:32so we could have all our parents, the grandkids, the kids, all in one room.
0:02:32 > 0:02:35'Dave and Karen set about looking into conservatory companies
0:02:35 > 0:02:38'and getting initial quotes from three of them.
0:02:38 > 0:02:41'These ranged from approximately 17 grand down to 14.
0:02:41 > 0:02:46'But one local company stood out - Hutton Conservatories.'
0:02:46 > 0:02:49We had talked to neighbours and friends
0:02:49 > 0:02:53and they've had conservatories built by them in the past.
0:02:53 > 0:02:55We had a look round a neighbour's of ours
0:02:55 > 0:02:59and it was really well done - everything was finished nice.
0:02:59 > 0:03:02'So the couple visited Hutton Conservatories.
0:03:02 > 0:03:05'The company was based in a local garden centre
0:03:05 > 0:03:08'and Dave and Karen were impressed with what they saw.
0:03:08 > 0:03:12'A site visit was arranged with a designer called James.'
0:03:12 > 0:03:15I found him very, very good.
0:03:15 > 0:03:19Very smooth, he could talk, you know, he told us what we wanted to know.
0:03:19 > 0:03:22The conservatory would be built of the best materials
0:03:22 > 0:03:24and the best workmanship.
0:03:24 > 0:03:30'The couple chose an Edwardian style conservatory - and all for £12,360.
0:03:30 > 0:03:33'Dave was amazed at the difference in price.'
0:03:33 > 0:03:37We said to 'em, you know, "Why are you so cheap?" and they said,
0:03:37 > 0:03:41"Well, we do it in our own factory, we build it ourselves.
0:03:41 > 0:03:43"We can do it cheap, we've got our own craftsmen.
0:03:43 > 0:03:45"That's why we can keep the price down."
0:03:45 > 0:03:50So we thought, "Yeah! We're getting a brilliant conservatory at a nice price as well."
0:03:51 > 0:03:57'They signed on the dotted line paying a deposit of £2,472
0:03:57 > 0:04:01'and work would start in July 2013. They were told by James
0:04:01 > 0:04:05'it would take two months to complete using his sub-contracted builders.'
0:04:08 > 0:04:10We were really looking forward to it.
0:04:10 > 0:04:12We were making plans on what colours
0:04:12 > 0:04:16we were going to paint it, what furniture, what flooring.
0:04:16 > 0:04:21'Exciting times indeed and work began but within just weeks of getting
0:04:21 > 0:04:23'under way, so did the problems.
0:04:24 > 0:04:27'It started with the block work.'
0:04:27 > 0:04:31With the walls, the level of the blocks isn't really good.
0:04:31 > 0:04:34If you have a look at the level all the way along, they are all over
0:04:34 > 0:04:37the place, and the worst thing is the mortar.
0:04:37 > 0:04:41And that's coming out really, really easily.
0:04:41 > 0:04:46'Understandably, Dave got straight on the phone to James who blamed
0:04:46 > 0:04:48'the weak mortar on recent rain.
0:04:48 > 0:04:51'His builders returned and replaced some of it.'
0:04:52 > 0:04:56Then they came in a couple of weeks later and went to do the floor.
0:04:56 > 0:05:01They wanted to lay the base onto our grass - which even me,
0:05:01 > 0:05:06with no knowledge about building at all, knew that that was wrong.
0:05:06 > 0:05:11So I said, "Look, you can't lay it on the grass, you've got to put some sub-base."
0:05:11 > 0:05:15So I phoned up James and explained to him
0:05:15 > 0:05:19this was what was happening and I wasn't happy with it.
0:05:19 > 0:05:21So they dug the grass up
0:05:21 > 0:05:25and they put about two inches of hardcore down -
0:05:25 > 0:05:29some stone they still had left over from putting up the walls.
0:05:29 > 0:05:32'Next they poured the concrete for the floor
0:05:32 > 0:05:35'but when Dave and Karen got back from work...'
0:05:35 > 0:05:40We found that the base had been laid but it was way too high.
0:05:40 > 0:05:45It was supposed to be laid as a float finish which is very smooth.
0:05:45 > 0:05:49'Cue yet another call to James at Hutton Conservatories.'
0:05:49 > 0:05:51He said, "It's OK, what we're going to do -
0:05:51 > 0:05:56"we're going to get a concrete grinder in and we will grind the floor out."
0:05:56 > 0:05:58'The builders returned with said grinder
0:05:58 > 0:06:01'but still Dave was unhappy with the finished result.'
0:06:01 > 0:06:02Well, you've got the membrane here
0:06:02 > 0:06:03and the floor -
0:06:03 > 0:06:08there's about a 30 mill difference between there and there.
0:06:08 > 0:06:12As it goes up the wall, you can see that it joins up.
0:06:12 > 0:06:18So that up there is about 30 mill higher than what it is down here.
0:06:18 > 0:06:21'But the floor issues had larger ramifications.
0:06:21 > 0:06:24'Dave and Karen had specified in their original design
0:06:24 > 0:06:27'that they wanted a smooth transition from their existing
0:06:27 > 0:06:29'house into the conservatory, i.e. no step.'
0:06:32 > 0:06:34What we had said all along, from the very beginning,
0:06:34 > 0:06:40is it had to flow with the house - we couldn't have a step because
0:06:40 > 0:06:44we've got little grandchildren and we've also got elderly parents.
0:06:44 > 0:06:48And we didn't want a step from one room into the other
0:06:48 > 0:06:50because it's a trip hazard.
0:06:50 > 0:06:53'As the weeks of work and remedial work went on,
0:06:53 > 0:06:56'so did calls back and forward to Hutton Conservatories
0:06:56 > 0:07:01'and yet more problems with the workmanship began to surface.'
0:07:01 > 0:07:06We've got cracks there of a couple of mill, that you can see.
0:07:06 > 0:07:08They're all the way across.
0:07:08 > 0:07:11The end wall here that they've put up
0:07:11 > 0:07:13and what's happened is,
0:07:13 > 0:07:15it isn't really tied into the wall.
0:07:15 > 0:07:19And now you've got it where it's falling off.
0:07:19 > 0:07:23And what I'm really worried about is if I don't take this down,
0:07:23 > 0:07:25it could fall on one of my grandchildren.
0:07:27 > 0:07:29'Now coming to the end of October,
0:07:29 > 0:07:32'still dissatisfied with the quality of work and still no closer
0:07:32 > 0:07:37'to a finished conservatory, Dave called a halt on the entire project.
0:07:37 > 0:07:40'He began putting all his concerns in writing and decided to
0:07:40 > 0:07:43'bring in an independent surveyor to compile a report.
0:07:43 > 0:07:45'It wasn't easy reading for Dave.'
0:07:48 > 0:07:53"The foundations to the walls will be susceptible to frost damage and movement.
0:07:53 > 0:07:55"The damp-proof membrane
0:07:55 > 0:07:59"and damp-proof courses are not installed correctly - this will
0:07:59 > 0:08:05"leave the building susceptible to significant damp if not corrected.
0:08:05 > 0:08:08"Further investigation is required. I believe that,
0:08:08 > 0:08:12"given the information available to me at this time,
0:08:12 > 0:08:17"the construction will require partial demolition and rebuilding."
0:08:19 > 0:08:20'Ouch!
0:08:20 > 0:08:23'Bearing in mind the couple had paid £11,000 to the company
0:08:23 > 0:08:26'as the conservatory glass had been delivered to site,
0:08:26 > 0:08:30'what followed was yet more weeks of chasing Hutton Conservatories,
0:08:30 > 0:08:32'getting them to acknowledge the survey
0:08:32 > 0:08:35'and come back with some answers.'
0:08:36 > 0:08:43James came up with a plan of remedials but it was a quick fix.
0:08:43 > 0:08:46It wouldn't have done the job and it wouldn't have lasted.
0:08:46 > 0:08:50So because it was a quick fix we turned it down,
0:08:50 > 0:08:54because we wanted the conservatory that we'd paid for.
0:08:55 > 0:08:59'I agree and Dave turned down the fix on his surveyor's advice
0:08:59 > 0:09:01'and negotiations have got nowhere since.
0:09:01 > 0:09:04'Despite the threat of legal action against the company,
0:09:04 > 0:09:08'it's nine months on and the conservatory still isn't finished.'
0:09:10 > 0:09:12Really, we should be in here now.
0:09:12 > 0:09:16We should have our table and everything all ready to go
0:09:16 > 0:09:20but at the moment we just can't do anything, you know.
0:09:20 > 0:09:25It isn't fit for purpose. We've got floors that slope so badly
0:09:25 > 0:09:31we couldn't put any flooring down, we've got walls that are absolutely rubbish.
0:09:31 > 0:09:35The workmanship that has been done on it is absolutely rubbish.
0:09:35 > 0:09:37It's just terrible.
0:09:39 > 0:09:42Dave and Karen seem to be in deadlock with their conservatory company.
0:09:42 > 0:09:45At the moment, all they've got to show for their money
0:09:45 > 0:09:48is a half-built conservatory blighting their back garden -
0:09:48 > 0:09:50not improving it. It was meant to give them a place
0:09:50 > 0:09:52where they could bring their families round,
0:09:52 > 0:09:54enjoy the extra space
0:09:54 > 0:09:56and instead, they've ended up stressed out.
0:09:56 > 0:09:58Let's see if Dom can do some de-stressing.
0:09:59 > 0:10:03'OK and first things first - who is Hutton Conservatories?
0:10:03 > 0:10:05'Well, the company was based in a garden centre
0:10:05 > 0:10:08'in Weston-super-Mare but has since closed down.
0:10:08 > 0:10:12'Luckily for me, I do have the contact details for James Rowe,
0:10:12 > 0:10:17'the former owner of the company and he is now running a new conservatory business.
0:10:17 > 0:10:19'I ping him an e-mail, letting him know I'm on the case
0:10:19 > 0:10:23'and would love to get this sorted out, once and for all.'
0:10:29 > 0:10:31MUSIC OVER SPEECH
0:10:31 > 0:10:34We all like to be in control of our lives.
0:10:34 > 0:10:38When something unexpected happens - like fire, flood or theft -
0:10:38 > 0:10:41sometimes things just seem to fall apart.
0:10:41 > 0:10:44'When something happens which affects your financial security,
0:10:44 > 0:10:47'it can be devastating on you and your family.
0:10:47 > 0:10:51'I get so many of you e-mailing me about fraudulent transactions
0:10:51 > 0:10:54'on your bank accounts which has left you in dire straits
0:10:54 > 0:10:57'and it's something credit reference agencies come across too.'
0:11:00 > 0:11:03A common by-product of identity fraud is a poor credit rating.
0:11:03 > 0:11:04It will not only determine
0:11:04 > 0:11:07whether a lender gives you
0:11:07 > 0:11:09something like a credit card, a loan, a mortgage -
0:11:09 > 0:11:13even a mobile phone agreement, but sometimes how much they charge you for that as well.
0:11:13 > 0:11:15So it's so important to have a good credit rating.
0:11:15 > 0:11:20'And if fraudulent transactions have occurred, you need to act quickly.'
0:11:20 > 0:11:23It can take several months to set the record straight,
0:11:23 > 0:11:27so the quicker and the sooner we start that, the better.
0:11:27 > 0:11:30I've heard from a woman who says her life fell apart
0:11:30 > 0:11:32when she fell victim to a fraudster.
0:11:34 > 0:11:37'Helen Taylor is a single mum of two from Huddersfield.
0:11:37 > 0:11:40'She works six days a week as a registered nurse and prides
0:11:40 > 0:11:44'herself on strict budgeting and ensuring all bills are paid on time.
0:11:44 > 0:11:48'So when in January 2012 she received a phone call from her bank,
0:11:48 > 0:11:52'Santander, questioning several transactions on her account,
0:11:52 > 0:11:54'she was rightly concerned.'
0:11:55 > 0:11:58When I did speak to somebody from the fraud team,
0:11:58 > 0:12:01I realised it wasn't a scam and they were actually saying that
0:12:01 > 0:12:04somebody was trying to take money from my account.
0:12:04 > 0:12:07'The bank told Helen they would close her account for a week
0:12:07 > 0:12:10'while the fraud team investigated and she would only be able to
0:12:10 > 0:12:13'access her money by going to a local branch with some ID.'
0:12:15 > 0:12:20I had to constantly go down to the main branch, which took about half
0:12:20 > 0:12:23an hour, pay for parking, go into the branch -
0:12:23 > 0:12:25that took another three quarters of an hour
0:12:25 > 0:12:28while they contacted the fraud team
0:12:28 > 0:12:31to make sure they could open the account for me to take any money out.
0:12:31 > 0:12:34So it was very, very frustrating.
0:12:34 > 0:12:37'Six weeks went by and eventually Helen went into the branch and
0:12:37 > 0:12:40'insisted they open a new account for her,
0:12:40 > 0:12:42'which they did there and then.'
0:12:42 > 0:12:47He actually transferred the direct debits over whilst I was sat there.
0:12:47 > 0:12:50So I was happy that they'd all been transferred over properly.
0:12:50 > 0:12:53'Satisfied that everything was finally in order, Helen made
0:12:53 > 0:12:56'one final check before leaving the bank.'
0:12:56 > 0:13:00I asked for a bank statement and the bank statement had all
0:13:00 > 0:13:04the bill payments and direct debits on them, so I was OK, then.
0:13:04 > 0:13:06I was feeling elated when I left the bank,
0:13:06 > 0:13:09due to the fact that I was hoping that this was the end of it.
0:13:09 > 0:13:13I realised I may never find out what happened to the original account,
0:13:13 > 0:13:14but that didn't matter.
0:13:14 > 0:13:16It was onwards and upwards now.
0:13:16 > 0:13:20'Helen hoped everything would go back to how it was before
0:13:20 > 0:13:23'but unfortunately it wasn't quite that straightforward.'
0:13:23 > 0:13:27The first letter came about a month later from my mortgage company,
0:13:27 > 0:13:31saying, "Why haven't you paid your mortgage payment for March?"
0:13:31 > 0:13:35I received other letters in the coming weeks - all in all, there were
0:13:35 > 0:13:39nine bill payments and direct debits that hadn't been paid on that day.
0:13:39 > 0:13:42'She got straight on the phone to Santander,
0:13:42 > 0:13:44'who told her there had been a computer error.'
0:13:45 > 0:13:49I had the bank statement to say that the money had been paid,
0:13:49 > 0:13:53but all these companies were saying they hadn't received it.
0:13:53 > 0:13:55So I had no way of proving it.
0:13:55 > 0:13:59I had to actually go through each one individually
0:13:59 > 0:14:03and get a letter from Santander saying it was their fault.
0:14:03 > 0:14:06'And while the debt collection letters started to pile up,
0:14:06 > 0:14:08'so too did her complaints to the bank.'
0:14:11 > 0:14:14They offered some compensation, as in phone calls
0:14:14 > 0:14:19and time wasted, but unfortunately, until they investigated it,
0:14:19 > 0:14:22they wouldn't tell me what had happened to the funds.
0:14:22 > 0:14:26'And after four months of confusion and stress, Helen finally got some
0:14:26 > 0:14:29'answers and discovered as the direct debits
0:14:29 > 0:14:30'came out of her old account,
0:14:30 > 0:14:33'they were wrongly put in a holding account.'
0:14:34 > 0:14:37Santander wrote to me saying that they took full
0:14:37 > 0:14:39responsibility for what had happened.
0:14:39 > 0:14:43And they also said that it had been a technical error
0:14:43 > 0:14:46and they were liable for everything that had happened.
0:14:46 > 0:14:48'Unfortunately the damage was already done
0:14:48 > 0:14:50'and Helen's credit rating
0:14:50 > 0:14:51'was shot to pieces.
0:14:51 > 0:14:54'This would potentially ruin her chances at everything
0:14:54 > 0:14:57'from switching mortgages to swapping her phone contract.
0:14:57 > 0:15:00'She took a complaint against Santander to the financial
0:15:00 > 0:15:03'ombudsman service who ruled that the bank had to rectify her
0:15:03 > 0:15:08'credit rating - something she's still waiting for to this day.'
0:15:09 > 0:15:12I feel this situation has been extremely unfair
0:15:12 > 0:15:16because I was the victim of fraud two and odd years ago
0:15:16 > 0:15:19and I'm still suffering for it now.
0:15:19 > 0:15:23'In March 2013, Helen had wanted to change her mortgage to one
0:15:23 > 0:15:27'with a better rate but was declined due to her damaged credit rating.
0:15:27 > 0:15:30'Following the FOS complaint, Santander did pay
0:15:30 > 0:15:34'Helen £495 in compensation and another £100
0:15:34 > 0:15:38'for failing to rectify her credit rating within 30 days -
0:15:38 > 0:15:41'something Helen has now managed to sort out herself.
0:15:47 > 0:15:51'Her story is one Experian has come across before
0:15:51 > 0:15:53'but there is support out there.'
0:15:53 > 0:15:57We actually run a free service to help victims of fraud sort out
0:15:57 > 0:16:00the problems that fraud creates on their credit reports,
0:16:00 > 0:16:02so we have a team of dedicated people
0:16:02 > 0:16:04that will go through people's credit reports,
0:16:04 > 0:16:07identify the information that doesn't belong to them
0:16:07 > 0:16:11and then set about the process of contacting the relevant lenders
0:16:11 > 0:16:13and getting the information changed.
0:16:13 > 0:16:16'And you can contact companies yourself to dispute
0:16:16 > 0:16:20'the information they've recorded against you on your credit rating.'
0:16:20 > 0:16:24It can be worth contacting the lenders involved and asking
0:16:24 > 0:16:26if they will change the information.
0:16:26 > 0:16:30If they disagree, then you can still add a note to your report
0:16:30 > 0:16:33to explain those circumstances and any future lender will see that
0:16:33 > 0:16:35and take it into account.
0:16:35 > 0:16:38'I contacted Santander about Helen's case
0:16:38 > 0:16:43'and it again admits it "overly delayed paying a number of her standing orders"
0:16:43 > 0:16:46'and that "Santander apologised for this error".
0:16:46 > 0:16:48'But also crucially to this case,
0:16:48 > 0:16:50'Santander also updated Helen's credit file
0:16:50 > 0:16:54'so there should be no adverse impact on her credit rating.'
0:17:02 > 0:17:06One fraudulent transaction, yet years of heartache for Helen.
0:17:06 > 0:17:09Let's just hope she gets her life back on track soon.
0:17:15 > 0:17:17'I've been called in to help out
0:17:17 > 0:17:19'Dave and Karen from Weston-super-Mare.
0:17:19 > 0:17:22'They've ended up with a half-built conservatory on their back
0:17:22 > 0:17:24'lawn after the build went wrong from the off.'
0:17:26 > 0:17:29Well, I think the job that has been done so far is awful.
0:17:29 > 0:17:34As far as I'm concerned, it needs to come down and to start again.
0:17:35 > 0:17:39'An independent surveyor also agreed that the workmanship
0:17:39 > 0:17:40'was not up to standard.'
0:17:41 > 0:17:44"Further investigation is required to confirm
0:17:44 > 0:17:49"the construction of the floor and the composition of the mortar.
0:17:49 > 0:17:53"I believe that, given the information available to me at this time,
0:17:53 > 0:17:55"the construction will require
0:17:55 > 0:17:57"partial demolition and rebuilding."
0:17:59 > 0:18:02'Our couple's contract is with Hutton Conservatories
0:18:02 > 0:18:05'but that company isn't trading any longer.
0:18:05 > 0:18:08'But the man who did own and run it, James Rowe,
0:18:08 > 0:18:10'is willing to honour Dave's contract
0:18:10 > 0:18:12'as he's still in the conservatory business.'
0:18:15 > 0:18:18James has been in touch with the office trying to get hold of me.
0:18:18 > 0:18:21He's told my team he wants to get this sorted out once and for all,
0:18:21 > 0:18:23which is great news for all of us.
0:18:23 > 0:18:27He's even offered to send round an independent structural surveyor
0:18:27 > 0:18:30to write up a report and said that if it turns out
0:18:30 > 0:18:33his guys have done something wrong, he'll get it sorted.
0:18:34 > 0:18:37This is heading in the right direction.
0:18:37 > 0:18:40'But I know from Dave's experiences that James also offered to do
0:18:40 > 0:18:45'the same for him - as he didn't agree with Dave's surveyor's findings.'
0:18:45 > 0:18:50If the faults are right, it would have meant that James' building work
0:18:50 > 0:18:55isn't up to standard and how we were promised that it would have been.
0:18:55 > 0:18:58'Dave got in his independent surveyor to compile an initial
0:18:58 > 0:19:02'assessment report without letting James know this was his plan.
0:19:02 > 0:19:04'So did he go about this in the right way?
0:19:04 > 0:19:06'Giles Wilson from the trade association,
0:19:06 > 0:19:09'the Glass and Glazing Federation can tell us.'
0:19:11 > 0:19:14If a homeowner is not happy with the installation
0:19:14 > 0:19:17of their conservatory and they want to
0:19:17 > 0:19:22get an independent expert to come and do a survey, that's a good idea.
0:19:22 > 0:19:27However, before you do that, talk to your installation company,
0:19:27 > 0:19:31because if you pay for an expert to come to undertake a survey,
0:19:31 > 0:19:35if the installer is not prepared to accept their findings,
0:19:35 > 0:19:38you'd be wasting your time and your money.
0:19:38 > 0:19:41It should be agreed, before that survey is undertaken
0:19:41 > 0:19:44who should be paying that bill,
0:19:44 > 0:19:48with the outcome resulting in who should pay the overall
0:19:48 > 0:19:49costs of that survey.
0:19:49 > 0:19:51'That does make good sense
0:19:51 > 0:19:54'but Dave was just trying to get a handle on the situation
0:19:54 > 0:19:59'due to communication breakdowns with Hutton Conservatories.'
0:19:59 > 0:20:02If a consumer is not happy with the installation,
0:20:02 > 0:20:04and they're not happy with the way they're being dealt with
0:20:04 > 0:20:08by the installer, I would suggest they talk to the
0:20:08 > 0:20:13local council and ask for a building control inspector to go to site.
0:20:13 > 0:20:16They will often be able to verify that everything is OK
0:20:16 > 0:20:18or there is a problem.
0:20:18 > 0:20:21'OK, so even though conservatories are not subject to certain building
0:20:21 > 0:20:25'regulations, the inspectors should know best practice when they see it.
0:20:25 > 0:20:28'But unfortunately, this advice comes a little late for Dave,
0:20:28 > 0:20:32'so if James does get another independent report done,
0:20:32 > 0:20:34'will that actually help in Dave's case?'
0:20:37 > 0:20:41If a consumer and an installation company are in a dispute situation
0:20:41 > 0:20:46and both parties get independent experts to look at the job,
0:20:46 > 0:20:48this could be beneficial -
0:20:48 > 0:20:52however, you could get differing or conflicting advice.
0:20:52 > 0:20:56Usually this results in going to court where a judge will
0:20:56 > 0:21:00look at both parties and come to some sort of solution.
0:21:00 > 0:21:01'OK, right from the off,
0:21:01 > 0:21:06'Dave and James should have ideally decided on one independent expert -
0:21:06 > 0:21:09'the findings of which both parties would have to agree to.
0:21:09 > 0:21:12'That obviously hasn't happened in our case, so I've asked Dave
0:21:12 > 0:21:15'and his surveyor Steve Matthews, to get back together
0:21:15 > 0:21:17'and cross their T's and dot their I's.'
0:21:22 > 0:21:25Just on my way to see Mr Thomas to discuss the main concerns
0:21:25 > 0:21:28of the report I've recently done on his conservatory.
0:21:30 > 0:21:34'As we know from his original report, Steve suggested partial
0:21:34 > 0:21:35'demolition of the conservatory.
0:21:35 > 0:21:37'James Rowe disputes that this is needed.'
0:21:37 > 0:21:40Hi, Steve. How are you doing? Come on in.
0:21:41 > 0:21:43'They head to the conservatory
0:21:43 > 0:21:46'and start with one of the problems highlighted in the report.'
0:21:46 > 0:21:47If we start with the floor first.
0:21:47 > 0:21:50Yeah, I've got some real concerns about the floor.
0:21:50 > 0:21:52If you look at the levels, the end there,
0:21:52 > 0:21:55- it's on with the bed joint on the block work.- Yeah.
0:21:55 > 0:21:57It runs down this way and you're 25, 30 mill lower
0:21:57 > 0:21:59- than the block work.- Yeah.
0:21:59 > 0:22:02The whole floor is running towards the house.
0:22:02 > 0:22:05When you come up this end, if you have a look, it's cracking.
0:22:05 > 0:22:06Now this is a ground-bearing slab.
0:22:06 > 0:22:09- This should be on compacted hardcore.- Yeah.
0:22:09 > 0:22:10And it should be a solid base.
0:22:10 > 0:22:12- There's no way it should be cracking like that.- Yeah.
0:22:12 > 0:22:15So the only way you can resolve these problems is by lifting it out
0:22:15 > 0:22:17- and re-laying it at the right level. - Yeah.
0:22:17 > 0:22:19It's been compounded with the damp-proof membrane.
0:22:19 > 0:22:21If you come over and have a look,
0:22:21 > 0:22:23where the damp-proof membrane comes up,
0:22:23 > 0:22:26it should be tucked under the damp-proof course here
0:22:26 > 0:22:29to give you a physical barrier against any damp penetration.
0:22:29 > 0:22:31At the moment, with this cut back, you can have damp just coming
0:22:31 > 0:22:33straight into your floor.
0:22:33 > 0:22:36'OK, so that's the floor that could need redoing.
0:22:36 > 0:22:37'Now what about the walls?'
0:22:37 > 0:22:39- This wall down here.- Yeah.
0:22:39 > 0:22:43Well, I would think that's supposed to be tied in,
0:22:43 > 0:22:48but at the moment, since we've had the heavy winds, that is loose.
0:22:50 > 0:22:53That one - well, that's dangerous, now.
0:22:53 > 0:22:55That's just going to fall off.
0:22:55 > 0:22:58That should have metal ties running into the bed joints here
0:22:58 > 0:23:00and into the wall here to tie the masonry back in.
0:23:00 > 0:23:02But that needs taking down pretty quickly.
0:23:02 > 0:23:06- I mean, if that hit a pet or a child it could seriously hurt them.- Yes.
0:23:06 > 0:23:07So that's unsafe now.
0:23:08 > 0:23:11'It's obvious since Steve's initial report,
0:23:11 > 0:23:13'things have continued to get worse,
0:23:13 > 0:23:16'so having reviewed the site for a second time...'
0:23:17 > 0:23:20Unfortunately, Dave, looking at the defects you've got
0:23:20 > 0:23:23with the floor failing like it is with the cracking,
0:23:23 > 0:23:24the levels being wrong,
0:23:24 > 0:23:27the lack of cement powder in the mortar in the walls
0:23:27 > 0:23:31mean they're unstable and the fact that a damp-proof membrane
0:23:31 > 0:23:33has been cut short and is not continuous,
0:23:33 > 0:23:35the only way you're going to resolve this is by
0:23:35 > 0:23:38taking the floor out and the walls down and rebuilding them.
0:23:38 > 0:23:41'To me, Steve's report sounds pretty conclusive.
0:23:41 > 0:23:46'But it's crucial now for us to get a second opinion.'
0:23:46 > 0:23:49It's now two weeks since James Rowe told me that he
0:23:49 > 0:23:51was going to appoint an independent surveyor to look at
0:23:51 > 0:23:54Dave's half-built conservatory and so far,
0:23:54 > 0:23:56no dates in the diary,
0:23:56 > 0:24:01so I've sent him a little e-mail reminder about his promise to do so.
0:24:01 > 0:24:06Don't forget, we already have Dave's independent surveyor's report,
0:24:06 > 0:24:09but I suppose one more wouldn't do any harm.
0:24:09 > 0:24:11Come on, James. What are you playing at?
0:24:11 > 0:24:14'But if those two surveys don't marry up,
0:24:14 > 0:24:16'this whole dispute could end up in court.
0:24:16 > 0:24:20'Fortunately, there are other ways to resolve ongoing problems with
0:24:20 > 0:24:21'clients and companies.
0:24:21 > 0:24:25'So I've come to meet Suzanne Lowe, a professional mediator.'
0:24:25 > 0:24:29Give me an idea about the sort of problems that you mediate for.
0:24:29 > 0:24:30Well, they could be anything
0:24:30 > 0:24:31from huge company disputes
0:24:31 > 0:24:33between shareholders, directors,
0:24:33 > 0:24:37partnership disputes, inheritance claims, building disputes.
0:24:37 > 0:24:40By the sound of it, you could go through the alphabet here,
0:24:40 > 0:24:42- couldn't you?- Yeah. If it's got a pulse, we can mediate it.
0:24:42 > 0:24:48Why is your mediation service going to be a viable option to,
0:24:48 > 0:24:49let's say, going to court?
0:24:49 > 0:24:53Well, it's much more economically viable to use mediation rather than
0:24:53 > 0:24:54actually going to court.
0:24:54 > 0:24:56And it takes a lot less time.
0:24:56 > 0:24:58You mentioned cost but who pays for it?
0:24:58 > 0:25:02The parties pay. They split the cost, the mediation fee, between them.
0:25:02 > 0:25:05'Initially, this does sound better than going to court,
0:25:05 > 0:25:08'but as we know, disputes can sometimes be hard work
0:25:08 > 0:25:10'to put to rest.'
0:25:10 > 0:25:13What happens if one or both of the parties don't agree
0:25:13 > 0:25:15with your decision?
0:25:15 > 0:25:17Well, you don't make a decision as a mediator.
0:25:17 > 0:25:20You're a neutral, independent third party.
0:25:20 > 0:25:22The mediator will shuttle between two rooms
0:25:22 > 0:25:26where the mediator then has private discussions with them.
0:25:26 > 0:25:29And doesn't take any information from one room to the other
0:25:29 > 0:25:30without authority.
0:25:30 > 0:25:34So that the mediator can drill down and find out what really is important
0:25:34 > 0:25:38for them to achieve and what they'd be able to live with moving forward.
0:25:38 > 0:25:40- As you said there, you're not making decisions?- Definitely not.
0:25:40 > 0:25:42You're certainly making suggestions?
0:25:42 > 0:25:44You can come up with innovative ideas and say,
0:25:44 > 0:25:46"Have you thought of this?"
0:25:46 > 0:25:47But that's as far as you can go.
0:25:47 > 0:25:50And once everybody's agreed, is anything legally drawn up?
0:25:50 > 0:25:54If there are lawyers present, you'll get them to draw up a consent order.
0:25:54 > 0:25:58'Mediation can be legally binding but if you still cannot agree
0:25:58 > 0:26:01'an outcome and do end up in court, the very fact that you have
0:26:01 > 0:26:06'shown willing and undergone mediation can help your case.'
0:26:06 > 0:26:08Got any advice for people out there?
0:26:08 > 0:26:09Don't litigate, mediate.
0:26:09 > 0:26:13Suzanne, thanks ever so much. And let's go. Right.
0:26:13 > 0:26:14'All interesting knowledge
0:26:14 > 0:26:17'and talking about mediation, it's time I did some of my own.
0:26:20 > 0:26:23'E-mails have been going backwards and forwards to James Rowe,
0:26:23 > 0:26:25'formerly of Hutton Conservatories.
0:26:25 > 0:26:28'And I've managed to arrange a good time to talk.'
0:26:30 > 0:26:32Oh, hi, James, thanks for calling me back.
0:26:32 > 0:26:37I wonder if you can sort of give me an idea of the situation with David Thomas, what's happening?
0:26:37 > 0:26:40'We have a quick catch-up on events so far
0:26:40 > 0:26:43'but when it comes to recognising the results of the independent report,
0:26:43 > 0:26:46'conducted by Dave's surveyor, things get interesting.
0:26:46 > 0:26:50'He tells me he doesn't know whether Steve was truly independent.
0:26:50 > 0:26:52'What?'
0:26:52 > 0:26:54If you're not 100% happy with his surveyor and whether he's
0:26:54 > 0:26:58totally unbiased and unconnected, the only answer is to get
0:26:58 > 0:27:01an independent surveyor around there ASAP.
0:27:01 > 0:27:04'It seems this has been a sticking point from the off, James thinks
0:27:04 > 0:27:07'this report wasn't truly independent, it's another part
0:27:07 > 0:27:11'of the dispute that has been happening between James and Dave.
0:27:11 > 0:27:14'Dave has rejected the idea of Steve the surveyor not being
0:27:14 > 0:27:16'independent from the start.'
0:27:16 > 0:27:20James has come up with the idea that Steve and I are friends
0:27:20 > 0:27:25and that the report that Steve has done isn't independent
0:27:25 > 0:27:28but that is total rubbish.
0:27:28 > 0:27:30Steve and I have never met before.
0:27:30 > 0:27:32I got Steve off of the internet.
0:27:32 > 0:27:37I went on Google, and I just put in surveyors in Weston-super-Mare.
0:27:37 > 0:27:42Steve's name popped up, I've never met the man before, you know,
0:27:42 > 0:27:45until the day he came round and done the report.
0:27:45 > 0:27:49'You know, this type of argument in a dispute gets us nowhere,
0:27:49 > 0:27:52'time to use what I learnt about mediation.'
0:27:52 > 0:27:55I think what's important here, that we, and you seem to be agreeing
0:27:55 > 0:27:58to this, if in independent surveyor goes round there
0:27:58 > 0:28:01and tells you that X, Y and Z needs doing, you're happy to put
0:28:01 > 0:28:04your hands up, take it on the chin, and get that done to his satisfaction?
0:28:04 > 0:28:07'James Rowe tells me this whole thing has dragged on too long
0:28:07 > 0:28:10'and the last thing he wants is me on his case!'
0:28:10 > 0:28:13You're keen, I'm keen and when you say getting me on your case
0:28:13 > 0:28:16is not ideal, it might actually be a blessing in disguise.
0:28:16 > 0:28:18Cos sometimes it just takes a third party to say,
0:28:18 > 0:28:20"Hang on a second, guys, let's all bash our heads together,
0:28:20 > 0:28:22"sort it out," and we all walk away happy.
0:28:22 > 0:28:25'James agrees with the sentiment and he assures me
0:28:25 > 0:28:28'that he's now got an independent surveyor of his own - great.
0:28:28 > 0:28:30'Let's get the ball rolling, then.'
0:28:30 > 0:28:34Could you try and organise this surveyor for this coming Monday?
0:28:34 > 0:28:37'James says he'll try his hardest.'
0:28:37 > 0:28:40Brilliant, OK, looks like we're going to get somewhere with this.
0:28:40 > 0:28:44And everybody should come out of it all smiling, let's put it that way.
0:28:44 > 0:28:47'As long as we get that surveyor to visit Dave's site.'
0:28:47 > 0:28:49Thanks very much. Bye-bye.
0:28:50 > 0:28:53At this point, it sounds to me like he wants the same outcome as David.
0:28:53 > 0:28:55He wants to put this to bed ASAP.
0:28:55 > 0:28:59After all, no-one likes these sort of things hanging over them,
0:28:59 > 0:29:02and sometimes all it takes is somebody like me to sort things out,
0:29:02 > 0:29:05just somebody to sit down, be unbiased and say, "Hang on a second,
0:29:05 > 0:29:06"David, you're being unreasonable.
0:29:06 > 0:29:08"James, you're being unreasonable,
0:29:08 > 0:29:10"there's the answer, are we going to agree?"
0:29:10 > 0:29:12We all shake hands, end of problem.
0:29:17 > 0:29:19'It's a traumatic time when a loved one dies
0:29:19 > 0:29:23'and I've been contacted by plenty of people telling me that dealing
0:29:23 > 0:29:27'with a deceased relative's bills and debts is causing unwanted stress
0:29:27 > 0:29:29'at a time when you should be allowed to grieve.
0:29:33 > 0:29:37'Paul Ilett from Essex is one man who has experienced this first-hand.
0:29:37 > 0:29:41'His battle with a utility company highlights just what lengths we
0:29:41 > 0:29:44'sometimes have to go to, to get good customer service when
0:29:44 > 0:29:45'we need it most.
0:29:45 > 0:29:49'Sadly, Paul's father Brian died of a heart attack in May 2012.'
0:29:52 > 0:29:55He'd literally just celebrated his 71st birthday,
0:29:55 > 0:30:00just days before he died and his health seemed very good.
0:30:00 > 0:30:03It was completely unexpected.
0:30:03 > 0:30:06'Brian's heart attack had been caused by an undiagnosed
0:30:06 > 0:30:08'aneurism in his leg that had travelled to his heart.
0:30:08 > 0:30:11'His death was a big blow for everyone who knew him.'
0:30:13 > 0:30:16I'm one of seven children, so we're a big family.
0:30:16 > 0:30:17There's nieces, nephews, grandchildren,
0:30:17 > 0:30:21and Dad was very much at the heart of that really.
0:30:21 > 0:30:25Dad was a real character, he was very funny, he was very clever
0:30:25 > 0:30:28but he also held very strong opinions on certain things.
0:30:28 > 0:30:32So, an example being he really didn't like solicitors. Never used them.
0:30:32 > 0:30:35If he could do anything himself, he would.
0:30:35 > 0:30:39'Like preparing a will, but due to his unexpected passing...'
0:30:39 > 0:30:40Dad didn't have a will.
0:30:40 > 0:30:44I think he was...he still thought he had a good few years ahead of him.
0:30:45 > 0:30:48We all met at Dad's bungalow, all seven of us,
0:30:48 > 0:30:50and we talked through what we thought should happen.
0:30:50 > 0:30:53We were just all very practical in wanting to get it sorted
0:30:53 > 0:30:55as quickly as possible.
0:30:55 > 0:30:56'The family agreed that Paul
0:30:56 > 0:30:59'and his brother Yann would be appointed as executors
0:30:59 > 0:31:03'of Brian's estate, but as Brian had left no will, they did hire
0:31:03 > 0:31:05'a solicitor to advise them on probate,
0:31:05 > 0:31:06'the distribution of his estate.'
0:31:09 > 0:31:12Our plan, as a family, was to sell Dad's house
0:31:12 > 0:31:14as quickly as we possibly could.
0:31:14 > 0:31:17'The solicitor also suggested their legal fee would drop
0:31:17 > 0:31:21'significantly if they also handled the administration.'
0:31:21 > 0:31:25In order to handle Dad's estate, Yann and I had to become administrators.
0:31:25 > 0:31:27We had to get letters of administration which had
0:31:27 > 0:31:29to be approved by court.
0:31:29 > 0:31:33I gave all of Dad's utility companies and banks my details,
0:31:33 > 0:31:37I explained to them that he had died and that his house was now empty.
0:31:37 > 0:31:40Some of them said they were happy to liaise with me even though
0:31:40 > 0:31:42I didn't have letters of administration at that point.
0:31:42 > 0:31:45Others were quite clear that until I had those, they would have to
0:31:45 > 0:31:49continue writing to Dad's address even though his house was empty.
0:31:49 > 0:31:53'Paul had no choice but to accept this, but generally
0:31:53 > 0:31:57'he was pleasantly surprised by the majority of companies' responses.'
0:31:57 > 0:32:00I was astonished how good the customer service was.
0:32:00 > 0:32:03I just was passed straight through to a special department,
0:32:03 > 0:32:07they were very sympathetic, incredibly helpful and I was really
0:32:07 > 0:32:11taken aback at how good customer service can be when you're bereaved.
0:32:11 > 0:32:14'All of the banks and utility companies acknowledged to Paul
0:32:14 > 0:32:18'that outstanding debts would be settled once Brian's estate,
0:32:18 > 0:32:22chiefly his property, was sold. Then the family could clear the debts
0:32:22 > 0:32:25'and distribute the remaining funds amongst the seven of them.
0:32:25 > 0:32:26'Things were going to plan.'
0:32:30 > 0:32:34Sadly, I think it was only a couple of months after Dad died
0:32:34 > 0:32:38that this sort of gold-plated service from some of the
0:32:38 > 0:32:40companies started to disappear.
0:32:40 > 0:32:43The energy company in particular within a couple of months had
0:32:43 > 0:32:46started sending far more demands which obviously were going to
0:32:46 > 0:32:48an empty property.
0:32:48 > 0:32:51'This is despite the company knowing the family's situation.
0:32:51 > 0:32:53'And these final demands were only being collected
0:32:53 > 0:32:56'when Paul's sister had time to visit the empty property.'
0:32:59 > 0:33:00My sister was at the house
0:33:00 > 0:33:04when a visit was made by someone from the energy company who said
0:33:04 > 0:33:07they wanted to come in and fit a special meter into the house.
0:33:07 > 0:33:11We were very concerned that this would devalue the property
0:33:11 > 0:33:14to some degree, and we weren't going to agree it.
0:33:14 > 0:33:17'But the energy company was also threatening court action that
0:33:17 > 0:33:21'would allow them to enter the property and fit the meter anyway!
0:33:21 > 0:33:23'The family decided to not wait for probate.'
0:33:23 > 0:33:26In the end I think I paid them about £300,
0:33:26 > 0:33:30£350 to clear Dad's outstanding bills with them.
0:33:30 > 0:33:34It was bit of a scramble to get the money together but we did manage it.
0:33:34 > 0:33:38I think I was bit cross, if I'm honest, that I needed to do it all.
0:33:38 > 0:33:39They knew Dad had passed away,
0:33:39 > 0:33:42they knew we were going to clear his debts through the sale of the
0:33:42 > 0:33:47house, they had my contact details, it just seemed very unnecessary.
0:33:47 > 0:33:51'And stressful, at a time when that's the last thing you need.'
0:33:51 > 0:33:54Once we'd cleared the outstanding bill with the utility company,
0:33:54 > 0:33:57I genuinely thought that would be the end of it.
0:33:57 > 0:34:00Unfortunately, within a few months, we started getting new bills
0:34:00 > 0:34:02from them which were quite significant.
0:34:02 > 0:34:05They were estimating the energy usage of Dad's house and
0:34:05 > 0:34:10sending through bills for hundreds of pounds, knowing the house was empty.
0:34:10 > 0:34:13Even when we phoned them up, they again said, "We can't do
0:34:13 > 0:34:15"anything about this, it's a computer system, it just happens,
0:34:15 > 0:34:17"we can't stop it."
0:34:17 > 0:34:20'So, what is the point in having bereavement teams
0:34:20 > 0:34:23'who are there to deal specifically with situations just like Paul's,
0:34:23 > 0:34:27'if their computer systems carry on regardless?'
0:34:27 > 0:34:30In all, I probably spoke to about six different people at this
0:34:30 > 0:34:31company over a period of days.
0:34:31 > 0:34:34They all told me they couldn't do anything about it,
0:34:34 > 0:34:37it was an automatic system, they couldn't switch it off.
0:34:37 > 0:34:40I then spoke to someone on the last day of these conversations
0:34:40 > 0:34:43and he just switched it off and apparently he could have
0:34:43 > 0:34:44done it all along.
0:34:44 > 0:34:48I was so stunned that we had several months of really
0:34:48 > 0:34:51stressful problems with this company and actually
0:34:51 > 0:34:53they could have switched off these final demands all along.
0:34:53 > 0:34:56'In the end, Paul managed to complete probate
0:34:56 > 0:34:57'on his father's estate
0:34:57 > 0:34:59'and all the debts attached were cleared.
0:34:59 > 0:35:04'But the way he had been dealt with left a bitter taste in his mouth.'
0:35:04 > 0:35:07I think it's quite shocking that you have some companies
0:35:07 > 0:35:12and organisations that deliver such amazing, high standard of customer
0:35:12 > 0:35:16service during a bereavement and others that do the exact opposite.
0:35:16 > 0:35:20It's actually quite shocking just how bad some customer service can be
0:35:20 > 0:35:22when you've lost someone that you love.
0:35:23 > 0:35:26'And I agree - you need all the support you can get
0:35:26 > 0:35:27'during bereavement.
0:35:27 > 0:35:30'So, here is some advice on how to deal with what is already
0:35:30 > 0:35:32'a stressful situation.
0:35:32 > 0:35:35'Start off by going through the deceased's papers
0:35:35 > 0:35:36and financial statements.
0:35:36 > 0:35:40'Make a comprehensive list of everything that is owned and owed.
0:35:40 > 0:35:43'Check whether there is any insurance to pay off the debts.
0:35:43 > 0:35:46'The deceased could have had a life insurance policy that could
0:35:46 > 0:35:49'potentially clear the outstanding balances.
0:35:49 > 0:35:51'And finally, dealing with unpaid debts
0:35:51 > 0:35:53'attached to an estate is complicated,
0:35:53 > 0:35:55'so get a specialist involved
0:35:55 > 0:35:57'if you feel you do need the help.
0:35:59 > 0:36:01'Having been through the process
0:36:01 > 0:36:03'himself, Paul's got some advice.'
0:36:06 > 0:36:09If you're dealing with the estate of a loved one, I think it's really
0:36:09 > 0:36:12important that you, as a family, agree from the outset what's going to happen.
0:36:12 > 0:36:14It saves so much time and stress,
0:36:14 > 0:36:16if just as a family you're united
0:36:16 > 0:36:18and you agree this is how we're going to handle this.
0:36:27 > 0:36:30'Dave and Karen's battle to get the build finished on their
0:36:30 > 0:36:34'12 grand conservatory seems to be moving the right direction.
0:36:34 > 0:36:36'James Rowe, who used to run the now closed business,
0:36:36 > 0:36:40'Hutton Conservatories, is honouring his contract with the couple
0:36:40 > 0:36:43'and has promised me to get in an independent surveyor of his own.'
0:36:46 > 0:36:48And he's totally independent from both sides as far as
0:36:48 > 0:36:51you're concerned? You're not connected in any way at all to this surveyor?
0:36:51 > 0:36:55'This is all positive but what isn't, is that over the last nine months,
0:36:55 > 0:36:59'James refused to recognise Dave's own independent surveyor's findings.'
0:37:01 > 0:37:05If James wanted to get his own surveyor in, we have no problems
0:37:05 > 0:37:06whatsoever with that.
0:37:06 > 0:37:10'But the independent surveyor hasn't materialised for nine months.
0:37:10 > 0:37:12'Hopefully now they will.'
0:37:12 > 0:37:15I'm about to meet Dave and Karen to have a little chat about
0:37:15 > 0:37:18this whole scenario. Now, there's two sides to this coin
0:37:18 > 0:37:20as far as I'm concerned.
0:37:20 > 0:37:23Firstly, they certainly haven't received anything like what
0:37:23 > 0:37:25they've paid for. That goes for service and quality.
0:37:25 > 0:37:30On the other side of the coin, I think they could have done things a lot better themselves.
0:37:30 > 0:37:34'Despite this case not being fully resolved yet, I still want to have
0:37:34 > 0:37:38'a catch-up to discuss the rights and wrongs of the past nine months.
0:37:38 > 0:37:41'Initially, did they do the right thing choosing which company
0:37:41 > 0:37:43'they bought from?'
0:37:43 > 0:37:46Now, I like the fact that you used recommendations,
0:37:46 > 0:37:49because that is worth its weight in gold.
0:37:49 > 0:37:52But...were all the people you spoke to happy with the conservatory
0:37:52 > 0:37:54that they bought from Hutton's?
0:37:54 > 0:37:58- Yeah. But...- They were.- ..what we didn't know was Hutton had changed
0:37:58 > 0:38:02ownership and we had bought off of a new Hutton.
0:38:02 > 0:38:06- Trading under the same name that used to be there?- Yes.
0:38:06 > 0:38:10- So you weren't actually dealing with the same company, were you?- No.
0:38:10 > 0:38:11'That is interesting
0:38:11 > 0:38:15'and as we already know, Hutton Conservatories is no more.
0:38:15 > 0:38:18'But the couple bought into more than just the brand.'
0:38:19 > 0:38:22How has James reacted to all this?
0:38:22 > 0:38:26- Um...he hasn't really.- Nothing at all. I wish he would.
0:38:26 > 0:38:29I wish we could get it sorted. But...just...nothing.
0:38:30 > 0:38:34We've tried contacting him on numerous occasions.
0:38:34 > 0:38:38I think I've sent the best part of 100 e-mails to James.
0:38:38 > 0:38:42'It doesn't smack of good customer service. But I also have bigger fish
0:38:42 > 0:38:45'to fry as customers should also be looking out for themselves.'
0:38:47 > 0:38:49I've had a look at the whole situation here now.
0:38:49 > 0:38:52I hope you're not going to be offended by this,
0:38:52 > 0:38:54but I think you've both been very daft.
0:38:54 > 0:38:56Yeah, we've been fairly naive, I would say.
0:38:56 > 0:39:01- This conservatory finished should be £12,300.- Yeah.
0:39:01 > 0:39:03How much money have you paid him so far?
0:39:03 > 0:39:08Nearly 11,500. Well, the reason we paid is we went by how
0:39:08 > 0:39:09the contract said.
0:39:09 > 0:39:12You've paid him 11.5 grand. There's £800 left.
0:39:12 > 0:39:14Why should he be bothered? Why should he bother coming back
0:39:14 > 0:39:16for £800?
0:39:16 > 0:39:19No. Yeah. We...I understand that now.
0:39:19 > 0:39:23- Did you put any money at all down on a credit card?- No.
0:39:24 > 0:39:26Right...let me tell you something...
0:39:26 > 0:39:29if you'd paid anything more than £100 on a credit card,
0:39:29 > 0:39:32doesn't matter how you pay the balance, the full amount
0:39:32 > 0:39:34would have been protected under the Consumer Credit Act.
0:39:34 > 0:39:37He wouldn't accept a credit card.
0:39:37 > 0:39:42OK, so he wouldn't take a credit card. If you'd financed the money,
0:39:42 > 0:39:45again you're covered by the CCA, the Consumer Credit Act.
0:39:45 > 0:39:47You would have had protection.
0:39:47 > 0:39:48I didn't know that.
0:39:48 > 0:39:52On top of that, this contract that you said you signed, it's obviously
0:39:52 > 0:39:55weighed in favour of Hutton Conservatories and James Rowe.
0:39:55 > 0:39:58Because you've ended up paying nearly all the money and what have
0:39:58 > 0:40:02- you got at the moment? A dwarf wonky wall!- Yeah, that's it.
0:40:02 > 0:40:06You always make sure that staged payments are in your favour,
0:40:06 > 0:40:10there's more work happening than what you're paying out for.
0:40:10 > 0:40:12I'm going to keep trying and keep battling and see what I can do
0:40:12 > 0:40:16for you. I'll keep you informed. Let's hope next time we meet,
0:40:16 > 0:40:17- I've got good news for you.- Yeah.
0:40:18 > 0:40:21'I'm sorry if I was a little hard on Dave and Karen but it's
0:40:21 > 0:40:25'important that we as consumers use every bit of protection available
0:40:25 > 0:40:29'to us, and if you don't, situations just like this one can
0:40:29 > 0:40:32'and do regularly occur.'
0:40:32 > 0:40:35- Well, we know we made mistakes. - And I think it's definitely opened
0:40:35 > 0:40:39our eyes to what mistakes we've made. Dom's definitely the one,
0:40:39 > 0:40:40I think, to get things sorted.
0:40:42 > 0:40:44'Well, let's hope so.
0:40:44 > 0:40:46'I travel back from the West Country and just under a week later,
0:40:46 > 0:40:50'I get a message that James Rowe is trying to get hold of me.'
0:40:50 > 0:40:51Oh, hi, James.
0:40:51 > 0:40:53'He brings me up to speed from his end of things.
0:40:53 > 0:40:55'He hasn't managed to get
0:40:55 > 0:40:57'an independent surveyor to visit Dave's yet,
0:40:57 > 0:41:01'but he has had his own surveyor look over Dave's original report.
0:41:01 > 0:41:04'And potentially they're in agreement. Great. That means
0:41:04 > 0:41:06'we could be getting somewhere.'
0:41:06 > 0:41:09I've looked at the report, same as your guy has, it doesn't sound like
0:41:09 > 0:41:11any of it's up to scratch. I think what you're saying
0:41:11 > 0:41:14is definitely one of the options - completely raze it to the ground,
0:41:14 > 0:41:18in fact, below the ground because the foundations might need redoing and redo it.
0:41:18 > 0:41:19'This all sounds promising
0:41:19 > 0:41:22'but if our two surveyors do agree a plan forward...'
0:41:22 > 0:41:27They don't want the same builder redoing any work around their house.
0:41:27 > 0:41:29'James reassures me that the subcontracted builders
0:41:29 > 0:41:33'he used for Dave's build will never work for him again.'
0:41:33 > 0:41:36It certainly sounds like we're starting to get somewhere now,
0:41:36 > 0:41:38James, doesn't it? Bye-bye.
0:41:38 > 0:41:42James Rowe's called me back and he seems...actually he seems
0:41:42 > 0:41:45quite decent. He said, "Look, the work that's been done wasn't great,
0:41:45 > 0:41:48"I realise that, that builder's never going to work for me again."
0:41:48 > 0:41:50OK.
0:41:50 > 0:41:54'James' and Dave's surveyors are going to confer and finally come up
0:41:54 > 0:41:58'with a plan of works to put right what has obviously gone so wrong.
0:41:58 > 0:42:02'It may have taken nine months but we've got there.
0:42:02 > 0:42:05'And I'm going to pass on the good news to Dave and Karen.'
0:42:06 > 0:42:09We're really, really pleased about it.
0:42:09 > 0:42:12Yeah, make plans to get it finished and decorated and everything now.
0:42:12 > 0:42:13Yeah.
0:42:13 > 0:42:17Dom has acted as a mediator for it. Without it, we wouldn't have got
0:42:17 > 0:42:22anywhere. Dom gets in, he really gets in and once he's got it in his teeth,
0:42:22 > 0:42:24he won't let go. He's like a dog with a bone.
0:42:24 > 0:42:25SHE LAUGHS
0:42:25 > 0:42:27THEY LAUGH
0:42:27 > 0:42:30'Hmm...I think that was a compliment, Dave.
0:42:30 > 0:42:33'We asked James Rowe to comment on some of the issues raised
0:42:33 > 0:42:34'and he told us...
0:42:36 > 0:42:39'..when his contractors met with Mr Thomas's surveyor, they...
0:42:59 > 0:43:03It's a big weight off of our shoulders.
0:43:03 > 0:43:05'No worries, guys, it's what I'm here for.
0:43:05 > 0:43:08'Just invite me around for Pimm's once the conservatory is up
0:43:08 > 0:43:09'and we'll call it quits.'