Home Insurance Don't Get Done Get Dom


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Transcript


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'I'm Dominic Littlewood,

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

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I'm looking for about £20,000 to sort this out once and for all.

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'Any problem, whatever the size,

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'I'll help you get the service you deserve.'

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Waiting for them to ring me back, oh, so frustrating!

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'Whether that involves getting your money back...'

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It was just unacceptable as a customer to be told no.

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'..or taking on your contract conundrums...'

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The response I got was not satisfactory

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because they failed to give me the information I asked for.

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'..I'm here to help.

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'And on today's programme,

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'I'm making waves with a home insurance company

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'after a homeowner finds herself in the soup.'

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We decided to lift up an area that was once carpeted

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and it had floorboards underneath. And when we raised those,

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we found that both rooms had about two foot of water in.

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The dog owner who wished she'd read the small print,

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after her pooches pawed her sofa.

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They just said the dogs had run over it, jumped all over it,

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and it wasn't covered because you're only covered for one dog incident.

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And when your battle with your trader has run its course,

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I'll give you some tips on how to fight the case in court.

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Ultimately it may be the only method of obtaining compensation.

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I'm taking on your consumer problems to make sure YOU don't get done!

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After our family, friends -

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and in a few sad cases, our mobile phones -

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our homes are our most precious asset

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because they're our haven,

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and we would do whatever we can to protect them,

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which is why we take out home insurance,

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in case the unexpected happens.

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At least that's what Ros Rogers from Bristol thought

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when she discovered water leaking into her home

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from a neighbouring property.

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There was actually water underneath the floorboards

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in both the dining room and the living room area.

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And the water had caused widespread damp throughout the ground floor.

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You can visibly see where it's all blown

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and the fungus, once again, down here in the recess.

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Ros had insurance with NatWest,

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who sent some builders round to rectify the problem.

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But almost four years on, the issues are still there

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and Ros is now in dispute with NatWest.

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I want them to admit responsibility, for them

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to hold their hands up and say, "Actually do you know what?

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"We didn't give this person the customer service that she deserves,

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"but we're willing to put it right now."

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She first discovered the issues

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when she began decorating her house in preparation for a move.

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Now that my daughter had left home,

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the house was too big for my son and myself,

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so we decided we were going to downsize and sell the property.

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But as she started to take the wallpaper off and prepare

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the walls for painting, she began to notice some areas of damp.

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Once the damp started coming through the two walls,

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I decided to get a survey done.

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And the survey showed

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that in fact there was water coming into the property.

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We decided to lift up an area that was once carpeted

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and it had floorboards underneath.

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And when we raised those,

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we found that both rooms in fact had about two foot of water in.

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Ros had no idea where the water was coming from,

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so called her insurance company for advice.

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My insurance company suggested to contact a builder

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to trace it to the area where it's coming from.

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Once the builder came in, it was found that the water was

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coming predominantly from my next-door neighbour's soakaway.

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A soakaway is a large, underground pit filled with gravel,

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where surface water from your roof or driveway is piped.

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The idea is for this water to then drain into the garden soil.

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But Ros's neighbour's garden was made of clay,

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which doesn't soak up the excess water.

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It became apparent that the soakaway in my neighbour's house

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shouldn't have been put there in the first place.

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As a result, Ros was now left with water under her floorboards,

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damp walls and tripping electrics,

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AND a big repair job for her insurance company.

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Keen to get the house on the market as soon as possible,

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Ros asked NatWest to begin these repairs straightaway.

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But NatWest's loss adjusters told her they couldn't repair the damage

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to her property until the neighbour repaired her drainage system.

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And in the meantime, Ros and her son would have to move out.

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At that point, it was impossible for us to live in the house.

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The whole of the dining area and the front room

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was totally filled with water

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and my insurance company offered to

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put us in alternative accommodation

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which we thought would be approximately six months.

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Six months seemed a reasonable time

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to get the house in a fit state to sell,

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and Ros and her son moved out.

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What they didn't expect was to be still living in alternative

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accommodation years down the line.

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Unfortunately, the contractor that my neighbour got

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to do the soakaway failed to do the work correctly

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and so therefore this led the case to go on and on

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and subsequently we ended up staying out of our house for three years.

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Ros's neighbour finally got another contractor to carry out

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the work again.

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Once this was done, repair work could at last begin on Ros's home.

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My understanding was - right, the ball can get rolling now,

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my house can get put back together,

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it won't be long before we're moving back home.

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NatWest appointed a building firm to address the damp issues,

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replaster the walls

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and install a new kitchen,

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as the old one had been damaged by water ingress

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and Ros felt confident they would do a good job.

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I'd been with my insurance company NatWest for over 12 or 13 years.

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I've never had a problem, so I have no reason to doubt them.

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Being a big branded name, I thought I was getting the best.

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Seven and a half months later, work was completed

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and Ros and her son were finally able to move back in.

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But it wasn't long before the problems began to

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rear their ugly heads again.

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I can remember coming in one day and being hit by this smell of damp

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and we'd only been moved back in a short time

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so it was still fresh paint which is what I was used to smelling

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and it was a process of elimination.

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So, I had a look in the electric cupboard and sure enough,

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the smell of damp just came pouring out and you could see on both sides

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of the cupboard that there was fungus growing in here.

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So, I knew immediately that there was already a damp problem occurring.

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And the more Ros looked for evidence of damp, the more she found.

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Six or seven months ago,

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this was all replastered and decorated,

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and you can see it's quite near the electrics,

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which is a concern of mine.

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It's damp, it's fungus and the paint is falling off.

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And this goes all the way along to the other recess where we can see

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more fungi, the paint's coming off, peeling off all the way through.

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And in addition to the damp,

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Ros discovered a whole raft of other problems, including an uneven floor,

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a poorly fitted kitchen

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and serious bowing in the walls of the lounge.

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Coming here into the living area, you can see the wall

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and the skirting is out, the same as the other side of the wall,

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which is totally bowed. The wall is all out of line there as well.

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Appalled, she got straight on the phone to NatWest to complain.

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But she didn't get the response she was hoping for.

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When I contacted my insurance company, my loss adjuster,

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quite often it was a voice mail and he wouldn't get back to me

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for several days, sometimes a week.

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It became very frustrating,

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and then he would say, "I'll contact the builders",

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then we'd have a meeting, then I'd go through the problems

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with them and wait to hear their response

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and I never did.

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In January this year,

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I met with the director of the building company,

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he came round and we went through absolutely everything.

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He said, "I'll be in touch, I'll write you a letter

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"and let you know where we move forward from here"

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and I never did.

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NatWest did eventually agree that

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if Ros sent in a surveyor's report, they would consider it, but they

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would probably use the same building firm to rectify the problems.

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Well, Ros doesn't have the money to pay for this report

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and she wants to employ a different building firm.

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It's now been seven months of toing and froing since Ros

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reported the problems to NatWest and things are still at a stalemate.

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What I'm hoping from Dom is for him

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to be able to get the answers, to get the work done,

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for them to admit the problems and communicate with me,

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and give me the opportunity to find somebody else to put it right.

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So we've got one very unhappy customer who's spent over

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three years living in alternative accommodation while

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the damp issues with her house are meant to be sorted out.

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And what has her patience been rewarded with?

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Well, nothing - because she's still got a load of problems,

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plus a few additional problems she thinks were caused by the builders,

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and she's reached stalemate with her insurance company.

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Definitely time for me to get involved.

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NatWest is a member of the Royal Bank of Scotland Group,

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one of the world's largest financial services companies.

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Its home insurance arm is

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underwritten by UK Insurance Limited.

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NatWest prides itself on being "helpful",

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but one of its customers has found it to be anything but

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and I want to find out why.

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So I've sent an e-mail to NatWest's press office outlining

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Ros's complaints and asking them to respond.

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Let's see what they come back with.

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It's so important that we protect our home with insurance

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to hopefully cover us against structural damage

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but some of us also want to

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protect the goods we buy to insure us

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against damage, loss or a break-in and give us that peace of mind.

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And that's where extended warranties can come in.

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It's a billion pound industry which can cover everything

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from computers to televisions, washing machines to sofas.

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And extended warranties can be a useful added extra.

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An extended warranty basically extends that manufacturer's guarantee

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for a period of anything between one year and five years.

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So after the standard manufacturer's guarantee has ended, you can

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still get your products replaced and repaired during that period.

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But it's worth doing some research first to see if paying out extra

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for that protection is going to be right for you.

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The best practice that you will find from retailers is

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when you're being sold an extended warranty, they'll explain

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exactly what the terms and conditions of that warranty is.

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There are lots of tricky terms and conditions within warranties.

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The things you should be looking out for are whether or not

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it covers accidental damage, whether or not it covers wear and tear.

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That's good advice

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and something mum of five Judith Clegg from Lancashire

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probably wishes she'd heeded before spending £285

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on an extended warranty for her new sofa.

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When we were looking for the sofa, we all went as a family

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because obviously it's a big purchase.

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We were looking round, trying out all the suites,

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trying to decide which was the nicest one.

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The guy selling us the sofa came over

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and said, you need to buy the insurance for it.

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With such a big family, buying an insurance policy

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seemed like a good idea to protect their £2,000 two-piece sofa.

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But not just from the kids.

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We have two chocolate Labradors.

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When we were sold the policy, they said any damage that is caused

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to your sofa would be rectified and put right.

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He said anything your dog does to it, it's covered,

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anything the children do to it would be covered.

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Just ring us up, tell us and we'll come out and sort it out.

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If it's not sortable, we'll replace it and get you a new suite.

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That was the only reason I bought the insurance.

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Judith's five-year extended warranty appeared to be

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all singing and dancing peace of mind, covering everything from

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"the cost of removing stains" or

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"repairing damage caused by a sudden and unforeseen accidental event"

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and "the cost of repairing defective or failed manual

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"or electric recliner mechanisms."

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And initially, the policy did exactly what it said it would.

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When we first had the sofa delivered,

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we noticed that there was scuffing on one of the chairs

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and the recliner sofa wasn't sitting correctly.

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So they said they would send somebody round, which they did,

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and he put some paint on it and touched up the leather

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and he just said they'd incorrectly fitted the recliners together

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so he just redid that and then off he went.

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But it was only within a couple of weeks when that happened.

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But two and a half years later in September 2012,

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the family had cause to contact their insurers again.

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After we'd been on holiday,

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we noticed that there were some scratches on the sofa.

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When we realised we'd got the damage, we explained that we had

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an extended warranty and they arranged to come out

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and take some photographs and fill in a report about it.

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Judith was unsure if the scratches had been caused

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by a shoe buckle or one of the dogs accidentally scratching the sofa.

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Either way, they weren't concerned.

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We have chocolate Labradors, they only go on the furniture

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when we are actually in the room because we have a gate

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on the lounge to stop them coming on when nobody's in the room.

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They've never ripped the sofa,

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they've just jumped on the sofa which we thought would be covered.

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But not this time, it seemed,

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because three weeks after the inspection report,

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the family received a call.

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They just said the dogs have run over it, jumped all over it

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and it wasn't covered because you're only covered for one dog incident.

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Confused, Judith queried the response.

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My husband said but we told you when we took the warranty out

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we had two chocolate Labradors.

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If you'd said to us you're only covered if one dog does any damage,

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we wouldn't have taken the warranty out.

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They just said no, you should have read your policy wording

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and there's nothing we can do about it, you can't have your money back.

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Sure enough, on closer inspection, the tiny terms and conditions on the

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back of the policy document include the words...

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I thought it would cover me for everything for five years,

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but when it comes down to actually making a claim on the policy,

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that isn't what you get.

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And although Judith doesn't even know

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if the scratch was caused by a pet or one of the kids,

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she has no way of proving it wasn't caused by both dogs, either.

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And the family is now having even more problems with their suite.

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As you can see,

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this one is all black where there's no hide left on it.

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The cup holders just fall out.

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This is all wickery wackery.

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My other sofa is totally black where it's lost all its colour.

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We've had this sofa for four years.

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You'd think we'd had it for 20 years by the looks of it now.

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The warranty company ruled these further issues

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are down to wear and tear - another exclusion in their policy.

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Judith was aware of that exclusion but assumed the leather on her sofa

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would last longer than four years so she thought it was a defect.

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But it's not

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and it's been a tough and expensive lesson for Judith.

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As things stand at this moment in time,

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I'm left with a suite that I'm going to have to replace

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and I'll be out of pocket

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because of what I thought would have lasted me ten years

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hasn't even lasted me five years.

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If I was to buy something with a warranty,

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I'd want to see the warranty in writing,

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take it home and read it before I purchased anything.

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And maybe she'll buy a bigger suite next time as there's been yet

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another addition to this busy household.

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Over the last 12 months,

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my dog had puppies and we kept two

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and so now we have four chocolate Labradors.

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The dogs are absolutely gorgeous.

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They're part of the family.

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They're lovely.

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Mischief.

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Well, at least that's put a smile back on her face.

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You being a good boy?

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When you buy a product,

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it is worthwhile having a little look at the warranty,

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see what you are actually covered for

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and what damage you're responsible for.

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I've been looking into a complaint made against NatWest home insurance

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by one of its customers, Ros Rogers.

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She had to get her whole downstairs refurbished after her

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neighbour's soakaway leaked into her house.

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But she believes the builders that NatWest contracted

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did a substandard job and she's been left with additional snagging

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issues and a house that's still full of damp.

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This area here was predominantly one of the areas where the water

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first came through originally, so to see this back again really does

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concern me because it's a lot higher than it was all those years ago.

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Ros complained to NatWest seven months ago,

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but they still haven't reached an agreement about what to do next.

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Ros feels NatWest is not listening to her and is dragging its feet.

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I've spoken to so many different people in the team.

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Quite often, they say we'll get your loss adjuster to get in touch

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with you or they apologise and say "I'll send you a £50 voucher",

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which doesn't resolve anything at all.

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But it always seemed to be passing the buck.

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Nobody wanted to take the reins of it and say,

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"I'm going to deal with this and I'm going to get you some answers."

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She's also been left with an additional problem which she

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believes her insurers should have foreseen.

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My old wardrobes.

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They were left upstairs while the water was still

0:18:430:18:46

coming into the house and over three years, the white wardrobes

0:18:460:18:49

then became green wardrobes so they had to be disposed of.

0:18:490:18:52

As NatWest failed to advise her to put her furniture into storage

0:18:530:18:57

while the work was carried out, she believes they should now

0:18:570:19:00

replace the wardrobes or reimburse her for new ones.

0:19:000:19:03

But when she asked for this, they refused.

0:19:030:19:06

My loss adjuster said, "No, it's nothing to do with them at all."

0:19:060:19:09

So then I went to the Financial Ombudsman, who were fantastic,

0:19:090:19:13

they communicated, they wrote to me, they spoke to me,

0:19:130:19:17

they answered every question and they found in my favour for my

0:19:170:19:20

insurance company to reimburse me for the items that were lost.

0:19:200:19:24

The Financial Ombudsman is a free, independent service which is there

0:19:250:19:29

to settle disputes between consumers and financial institutions.

0:19:290:19:33

Its decision is binding in law.

0:19:330:19:35

However, it can be appealed by the customer if they're not happy.

0:19:350:19:39

In Ros's case, the ombudsman ruled that NatWest should reimburse her

0:19:390:19:43

for replacement wardrobes

0:19:430:19:44

and other items that were lost or damaged during the building works.

0:19:440:19:48

But despite constant reminders,

0:19:480:19:50

six months later, Ros has still not received the money.

0:19:500:19:53

Following my e-mail to NatWest,

0:19:560:19:58

they have been in touch to say they're looking into Ros's case,

0:19:580:20:01

which is a step in the right direction.

0:20:010:20:03

So, I'm going to give them a call soon

0:20:030:20:05

to find out what they plan on doing about it.

0:20:050:20:08

But first things first.

0:20:080:20:09

I've recommended to Ros that she gets an independent surveyor

0:20:090:20:12

to identify all the problems with the property as it stands.

0:20:120:20:15

Enter chartered surveyor Chris Easton.

0:20:150:20:18

This morning, I'm going to Mrs Rogers'

0:20:180:20:21

and we're going to have a look

0:20:210:20:22

at the extent of the remedial works that have been undertaken following

0:20:220:20:26

this rather large amount of water that's come into her property.

0:20:260:20:29

The main problem with these types of claims is that you must allow

0:20:290:20:34

sufficient time for the property to dry out

0:20:340:20:37

and I think there are going to be problems where insufficient time

0:20:370:20:41

has been allowed for the building to dry.

0:20:410:20:43

Chris has kindly agreed to inspect Ros's property.

0:20:450:20:48

He will look for signs of damp

0:20:480:20:49

and also any indication that the building work carried out

0:20:490:20:52

does not comply with British industry standards.

0:20:520:20:55

Hello, I'm Chris Easton.

0:20:560:20:58

-Nice to meet you, come on in.

-Thank you.

0:20:580:21:01

Once inside the property, it doesn't take him long

0:21:010:21:04

to spot the telltale signs.

0:21:040:21:06

One of the problems that Mrs Rogers complains about is

0:21:060:21:09

an uneven floor and that's often an indication that the building has not

0:21:090:21:14

been allowed to dry out properly

0:21:140:21:16

and that we've still got large levels of moisture in the building.

0:21:160:21:19

And we can see in the cupboard here, there are fungi growing

0:21:190:21:23

and that's indicating that we've got high levels of moisture,

0:21:230:21:26

indicating the building did not adequately dry out.

0:21:260:21:30

Chris also finds clear indications of damp in the lounge.

0:21:300:21:35

These are prime areas where you'd be expecting the moisture to be

0:21:350:21:38

retained because the brick is quite thin at this point,

0:21:380:21:42

the brickwork holds the moisture

0:21:420:21:44

and then you have spoiling of the decorations

0:21:440:21:46

as we can see both in this recess and in the other recess here.

0:21:460:21:51

And we're getting situations where we're having plastering

0:21:510:21:54

that's now bubbling and blistering

0:21:540:21:56

and we're getting a mould growth and that needs to be dealt with.

0:21:560:22:00

In addition to this, he also spots some prime examples

0:22:010:22:04

of work that hasn't been carried out to a high enough standard.

0:22:040:22:09

I understand from Mrs Rogers that in fact all of this plaster

0:22:090:22:12

was hacked off back to the brickwork,

0:22:120:22:15

therefore it seems to me the contractor had

0:22:150:22:17

the opportunity of getting this plaster very level.

0:22:170:22:20

It isn't. We can clearly see that it's out of vertical

0:22:200:22:24

by potentially 40mm

0:22:240:22:27

and that certainly is outside the British standard.

0:22:270:22:29

And then we see the same situation with the skirting board

0:22:290:22:32

and the skirting board again is bowed

0:22:320:22:35

and that's easily visible from the front door and I think draws

0:22:350:22:39

attention to the lack of care and skill taken in the re-plastering.

0:22:390:22:45

Chris concludes that Ros is right to be unhappy with the works carried

0:22:450:22:49

out and is justified in making a formal complaint to NatWest.

0:22:490:22:53

Firstly, we've got a building that wasn't adequately dried out

0:22:530:22:56

and that's manifested itself in the defects that we can see.

0:22:560:22:59

Secondly, the quality of the work undertaken by the contractors

0:22:590:23:02

is not compliant, it breaches their statutory duty

0:23:020:23:05

and definite remedial works are required.

0:23:050:23:07

The main thing that must be borne in mind is that this building must be

0:23:070:23:11

dried out before any more remedial works are undertaken, otherwise

0:23:110:23:14

we will have a replica of the exact problems we've seen this morning.

0:23:140:23:18

In a nutshell, Chris has backed up everything that Ros has been saying,

0:23:190:23:23

and I will be putting all of his points to NatWest.

0:23:230:23:25

But first, I want to have a quick chat with Ros to find out

0:23:250:23:28

exactly what she's hoping to get from her insurers.

0:23:280:23:31

What do you want, in an ideal world?

0:23:320:23:34

I need it all rectified and not at a cost to my pocket.

0:23:340:23:40

When I first had it all decorated, my idea was to downsize

0:23:400:23:43

and sell the property and I just feel I can't move on any more.

0:23:430:23:47

I need it rectified, put right

0:23:470:23:49

so I can close this chapter and move on.

0:23:490:23:52

I ask her if NatWest's suggestion of sending the same building firm

0:23:520:23:56

in to rectify the problems is acceptable.

0:23:560:23:59

Not a chance!

0:23:590:24:01

If they couldn't get it right the first time,

0:24:010:24:03

what faith do I have in them doing it again?

0:24:030:24:04

If NatWest make you a financial offer,

0:24:040:24:07

would you want to accept that and sort it out yourself or would

0:24:070:24:10

you want them to supply a different team of builders to do the work?

0:24:100:24:14

I'm in two minds what to do, that is really undecided.

0:24:140:24:17

I just want somebody to say, "I'm going to do it right for you,

0:24:170:24:20

"I'm not going to let you down."

0:24:200:24:22

OK, Ros, I shall crack on with this

0:24:220:24:24

and see if I can ruffle a few feathers.

0:24:240:24:26

All right, I'll speak to you soon, thank you.

0:24:260:24:28

Ros has clearly lost all faith in the original building company

0:24:280:24:31

who carried out the work.

0:24:310:24:33

But she's not sure

0:24:330:24:34

whether to get NatWest to contract a different building firm

0:24:340:24:37

or to choose one herself and get NatWest to pay for it.

0:24:370:24:40

I'm going to meet Simon Lambert, the editor of finance website

0:24:400:24:44

This Is Money, to get his take on the best route to go down.

0:24:440:24:48

If you need to make a claim,

0:24:490:24:50

and let's say it's a substantial one, where do you stand with

0:24:500:24:54

the insurance company recommending their own repairers?

0:24:540:24:57

If the insurance company tells you about an approved repairers

0:24:580:25:01

or recommends a repairer, then you've actually got better

0:25:010:25:04

protection than if you choose them yourself.

0:25:040:25:06

Because if it's an approved repairer and the work's not up to

0:25:060:25:09

scratch then it's the insurance company's responsibility to

0:25:090:25:12

go after them and make sure that the job is done properly.

0:25:120:25:15

If you've chosen the repairers yourself, the insurance company

0:25:150:25:18

could turn around and say it's your responsibility to do that.

0:25:180:25:21

OK, let's say you go down the route of choosing one of the insurance

0:25:210:25:24

company's own repairers, where do you stand if you've got problems?

0:25:240:25:28

If you don't think the company the insurer has recommended is

0:25:280:25:34

good enough or is covering the job properly, then you should

0:25:340:25:38

challenge it with the insurer

0:25:380:25:40

because it is the insurer's responsibility to put you back

0:25:400:25:43

where you were before the incident that caused that claim to be made.

0:25:430:25:47

So you should be happy with what they're recommending.

0:25:470:25:50

What about if you're not? Because let's be honest, there are quite a few occasions

0:25:500:25:54

where people aren't in agreement with the insurance company,

0:25:540:25:56

they do complain and the insurance company dig their heels in. Where do people go then?

0:25:560:26:00

If you're not happy with the insurance company,

0:26:000:26:02

the first thing to do is go to the insurance company and try and pursue it with them.

0:26:020:26:06

If you're still not happy with what they're coming back with then

0:26:060:26:10

the Financial Ombudsman is the place to go

0:26:100:26:13

and they will look at your case, evaluate both sides of it -

0:26:130:26:17

both yours and the insurer's - and come back with a decision.

0:26:170:26:19

If there's a claim going through,

0:26:190:26:21

are you within your rights to say to your insurance company,

0:26:210:26:24

I'd rather have the cash and get it sorted out myself?

0:26:240:26:26

You might decide that you'd rather have the cash

0:26:260:26:29

from the insurance company and you can ask for it and they

0:26:290:26:31

probably would be quite happy to pay you out, but you've got to bear in

0:26:310:26:35

mind that you would then have less protection in terms of if that work

0:26:350:26:38

was not done to your satisfaction, it's going to be your responsibility

0:26:380:26:43

to deal with the repairer and make them come back and fix the problem.

0:26:430:26:46

You'd end up signing your rights away, wouldn't you?

0:26:460:26:49

Ultimately, yes.

0:26:490:26:50

Ultimately you may take the money, then find out the repairer

0:26:500:26:54

doesn't do a good job and you've got the problem of dealing with that.

0:26:540:26:58

So, according to Simon, the safest option is to

0:26:580:27:00

get your insurance company to employ the builders.

0:27:000:27:04

I'm now going to put in a call to NatWest to see if

0:27:040:27:07

A) they agree the remedial works need to be carried out and,

0:27:070:27:10

B) they're willing to pay for another building company to do the work.

0:27:100:27:15

Media relations.

0:27:170:27:18

-Oh, hi, Lisa, it's Dominic Littlewood from Don't Get Done Get Dom.

-Oh, hello.

0:27:180:27:22

Lisa has seen my e-mail, so is fully up to speed with the case.

0:27:220:27:26

Well, obviously what I want to do is get the ball

0:27:260:27:28

rolling as far as I'm concerned with... The lady's called Roslynne,

0:27:280:27:32

she doesn't mind being called Ros, of course.

0:27:320:27:34

She's asked us to step in and try and bring this problem to an end.

0:27:340:27:38

Obviously you're aware of it, aren't you,

0:27:380:27:40

-because it's been ongoing for a while now?

-Yes.

0:27:400:27:44

I wonder if you can give me your take from NatWest's side of things?

0:27:440:27:48

OK, my knowledge of the current situation is that we have to

0:27:490:27:53

let the customer know that we will cover the contents costs,

0:27:530:27:57

those costs can be met.

0:27:570:28:00

'Well, that's a step in the right direction.

0:28:000:28:02

'NatWest will reimburse Ros for her ruined wardrobes,

0:28:020:28:05

'so that's one box ticked.

0:28:050:28:07

'But are they prepared to allow another builder to rectify

0:28:070:28:09

'the work that's already been carried out?'

0:28:090:28:12

What happened is the NatWest Insurance recommended a contractor

0:28:120:28:18

and because of the recommendation, they did the work.

0:28:180:28:21

Now according to Ros, she believes the work is very substandard

0:28:210:28:26

and subsequently there's lots more problems been caused by the work,

0:28:260:28:31

hence the reason she got in an independent surveyor to do a report.

0:28:310:28:34

Now the big problem we have here is that Ros doesn't want them

0:28:340:28:38

stepping back onto her property.

0:28:380:28:39

-Right.

-Now what Ros ideally wants,

0:28:390:28:41

she's not somebody who's after a big pay-out and wants a big cheque,

0:28:410:28:45

she wants another contractor building firm to come round

0:28:450:28:49

and put right everything that, in her words, the builders haven't done correctly.

0:28:490:28:55

OK, I completely understand and appreciate that.

0:28:550:28:58

Obviously the contractors are willing to repair the damage

0:28:580:29:03

because they were involved from the beginning, but if that's not

0:29:030:29:06

going to work I am taking that back as something to look at.

0:29:060:29:09

Do you have all of these points in writing?

0:29:090:29:12

Anything that you can send over to me that I can go through

0:29:120:29:15

as a check list and make sure that I'm covering every single bit.

0:29:150:29:18

Smashing. I will get an e-mail over to you.

0:29:180:29:20

It does sound like we're starting to get somewhere and we can try

0:29:200:29:24

-and get this sorted out for her.

-Absolutely.

0:29:240:29:26

Lisa, in the meantime, it's been lovely talking to you, I do

0:29:260:29:29

like it when I speak to somebody who seems very efficient at sorting

0:29:290:29:32

out problems, so let's hope.

0:29:320:29:34

Well, I certainly wish to try to bring

0:29:340:29:36

things to a close, obviously this has been distressing for her.

0:29:360:29:40

Brilliant, I look forward to hearing from you, Lisa.

0:29:400:29:43

-Thank you, good to speak to you.

-Bye-bye.

0:29:430:29:45

I do like it when I speak to professional people

0:29:470:29:49

who are courteous, they take everything on board.

0:29:490:29:51

She didn't guarantee anything at this point.

0:29:510:29:53

But she did ask me to send over a list of the issues

0:29:530:29:56

highlighted by our independent surveyor and she did say

0:29:560:29:59

she would look into the possibility

0:29:590:30:01

of using an alternative building firm to rectify these issues.

0:30:010:30:05

I'd say things are looking quite hopeful.

0:30:050:30:07

Even if you've read it front to back,

0:30:160:30:18

from A to Z and know your consumer rights like the back

0:30:180:30:21

of your hand, it doesn't always mean that things are going to

0:30:210:30:24

go your way. But of course there is another option...

0:30:240:30:28

Where a consumer has exhausted all reasonable lines of complaint

0:30:280:30:34

with the trader and there's no trade association,

0:30:340:30:37

there's no other possible recourse to mediation, it may be

0:30:370:30:43

the consumer has to go to the County Court to resolve the matter.

0:30:430:30:47

But if you decide to go down the court route,

0:30:470:30:50

there are certain things you need to know.

0:30:500:30:52

Like how to start the process.

0:30:520:30:54

The small claims process can be online.

0:30:540:30:58

You can actually do the whole process without actually

0:30:580:31:01

physically going to court.

0:31:010:31:04

The small claims procedure would suggest that before you

0:31:040:31:08

actually go through that process you should seek mediation.

0:31:080:31:13

Mediation is when an impartial person

0:31:130:31:15

helps two sides work out an agreement.

0:31:150:31:18

It's viewed favourably by courts and the government, who see it

0:31:180:31:22

as a potentially quicker and cheaper alternative to going to court.

0:31:220:31:26

But if mediation fails and you do end up going down the court route,

0:31:260:31:30

how easy is it to get the court to accept your version of events?

0:31:300:31:34

A consumer must prove their case, as a lawyer would say,

0:31:340:31:37

on the balance of probabilities.

0:31:370:31:40

If they go to a small claims court,

0:31:400:31:42

they've got to show that it's more probable than not what they're

0:31:420:31:46

asserting, what they're complaining about - the goods were faulty,

0:31:460:31:50

they weren't fit for the purpose or they were not as described.

0:31:500:31:54

This is a lower standard of proof than in the criminal courts.

0:31:540:31:57

It's also a good idea to keep clear records of your complaint

0:31:570:32:00

with the company.

0:32:000:32:03

Consumers shouldn't go to extreme lengths to keep

0:32:030:32:06

records on products that they're buying, but as soon as a problem

0:32:060:32:10

arises they should start keeping notes of contact with the trader.

0:32:100:32:14

If it's a persistent problem with electrical goods for example, make

0:32:140:32:19

a note of what happens and when it happens and what's the extent of it.

0:32:190:32:23

Sound advice and worth remembering, especially for some of you

0:32:230:32:27

who have contacted me about your consumer battles.

0:32:270:32:30

A couple bought a television in March this year for their son.

0:32:300:32:34

They kept it in the box in their house for two months

0:32:340:32:37

until he moved in. When he opened it the screen was damaged.

0:32:370:32:42

The store says it is down to the couple, they say it was broken

0:32:420:32:45

when it was delivered. So where does the burden of proof lie?

0:32:450:32:50

In a case where the consumer says one thing and the trader says

0:32:500:32:54

another, it is often very difficult to prove which person is right.

0:32:540:33:00

In those circumstances I have to say, was it reasonable to

0:33:000:33:04

leave the item in a box for a period of two months without examining it?

0:33:040:33:09

Fair enough. So what about this lady?

0:33:090:33:12

She ordered a £300 Christmas hamper from a large online store.

0:33:120:33:17

She received e-mail confirmation that it was en route,

0:33:170:33:19

but it never arrived.

0:33:190:33:21

The online retailer maintains she must have received it.

0:33:210:33:24

She's refusing to pay

0:33:240:33:25

and the company is adding on the interest. She feels it's

0:33:250:33:28

time to go down the court route, but what are her chances of winning?

0:33:280:33:32

Consumers shouldn't be asked to pay for goods they've not

0:33:320:33:36

received, that's sort of very basic.

0:33:360:33:39

However, it's difficult sometimes for a consumer to prove that they

0:33:390:33:42

haven't received the goods.

0:33:420:33:44

In most instances a reputable retailer would accept what a consumer

0:33:440:33:49

has to say, but in the sort of circumstances of Christmas

0:33:490:33:52

hampers not arriving it may be advisable for the consumer to

0:33:520:33:56

draw this to the attention of their local trading standards association.

0:33:560:34:01

It may not be an isolated occurrence,

0:34:010:34:04

it may be a wider problem affecting a lot of consumers.

0:34:040:34:08

That may give them support for their own civil claim.

0:34:080:34:11

That's a very good point, always worth trying to find out

0:34:130:34:15

if others have had a similar complaint against the same

0:34:150:34:18

company. But before we all rush off and file a claim in the courts,

0:34:180:34:21

there are some things we should bear in mind.

0:34:210:34:25

In certain circumstances it would be strongly advisable to get

0:34:250:34:29

legal advice before embarking on what could be an expensive

0:34:290:34:34

exercise of going to court.

0:34:340:34:36

But ultimately it may be the only method of obtaining compensation.

0:34:360:34:41

They should consider the cost of the item,

0:34:410:34:44

how much it's going to cost them to pursue it

0:34:440:34:47

and they should take into account that they may not be successful.

0:34:470:34:51

And even if they are successful it may need an enforcement order

0:34:510:34:55

to get the money out of the trader.

0:34:550:34:57

Remember, think carefully, get your facts in order

0:34:570:35:01

and be prepared to stand up for what you think is fair.

0:35:010:35:04

So you don't have to be a consumer king to win, but

0:35:040:35:06

if you think you're right, put up a fight.

0:35:060:35:10

I'm on the case for Ros Rogers,

0:35:170:35:19

who had to claim on her home insurance after her house was

0:35:190:35:22

flooded by her next door neighbour's drainage system.

0:35:220:35:25

After two years of waiting for her neighbours to

0:35:250:35:27

rectify their problems, Ros's house was finally put right.

0:35:270:35:31

But within months the damp had returned and Ros started to

0:35:310:35:35

notice that some of the building work was not up to scratch.

0:35:350:35:38

It's very frustrating and it's heartbreaking.

0:35:380:35:43

This is our home, this is what we waited for three years to come

0:35:430:35:46

back to and still it's not right.

0:35:460:35:49

Ros employed an independent surveyor to identify all the issues that

0:35:490:35:53

need to be rectified and I've sent a list of those issues to NatWest.

0:35:530:35:58

I've also asked them if they're willing to pay for a different

0:35:580:36:01

building firm to carry out the work.

0:36:010:36:03

And I'm about to call them to see if they've made a decision.

0:36:030:36:06

I'm at a stage where I feel like I'm really about to nail home

0:36:060:36:10

this case with NatWest.

0:36:100:36:12

So I'm going to ring up their rather charming lady that

0:36:120:36:15

I spoke to a little while ago, Lisa,

0:36:150:36:18

and see if I can just cross the Ts and dot the Is.

0:36:180:36:21

Media relations, Lisa speaking.

0:36:270:36:30

Hello, Lisa, it's Dominic from the BBC, good afternoon.

0:36:300:36:32

-Hello, hi, how are you?

-I'm all right, thank you. How are you?

0:36:320:36:35

-Good, not too bad, thank you.

-Where are you with Roslynne, then?

0:36:350:36:39

So we're able to meet all of Mrs Roger's requests in terms of the remedial work required.

0:36:390:36:44

Brilliant.

0:36:440:36:46

We can arrange another builder and the costs will be covered

0:36:460:36:49

and either it can be one that Roslynne would like to appoint

0:36:490:36:55

or we can appoint another for her, whichever is her preference.

0:36:550:36:58

Right, obviously to put it into layman's terms a little bit, if you

0:36:580:37:01

guys recommended a builder and the work was substandard, then she can

0:37:010:37:04

go back to you and complain about it, and you probably appreciate

0:37:040:37:07

that. She'll be quite happy to choose her own builder

0:37:070:37:10

but we want to make sure she has the same level of cover

0:37:100:37:12

and protection if, hopefully it's an unlikely event,

0:37:120:37:16

but if that work turns out to be substandard some time in the future.

0:37:160:37:20

OK. I see what you're saying, I will check. OK?

0:37:200:37:23

So NatWest has taken on board all the issues the independent surveyor

0:37:260:37:29

picked up on and does appear keen to rectify matters for Ros.

0:37:290:37:33

It has also agreed to award her £1,229

0:37:330:37:36

to pay for replacement wardrobes.

0:37:360:37:39

But there is one thing it doesn't agree with

0:37:390:37:41

and that's the suggestion that the builders failed to allow

0:37:410:37:44

sufficient time for the building to dry out before starting work.

0:37:440:37:48

'I have been told that before the contractors

0:37:480:37:51

'started the work on the property, it was passed as dry

0:37:510:37:55

'and a drying certificate was issued so it would appear that the

0:37:550:37:58

'damp issue is separate to the problem with the drains.'

0:37:580:38:02

NatWest says it has examined the property externally

0:38:020:38:04

and identified a possible alternative cause of the damp,

0:38:040:38:08

but it needs to conduct an internal survey to confirm its suspicions.

0:38:080:38:12

OK.

0:38:120:38:13

I'll contact Ros and ask her to try and arrange a time to let you guys

0:38:130:38:17

have access and then hopefully we'll be able to get it all sorted out.

0:38:170:38:20

So we've certainly leapt forward in everything at the moment, haven't we?

0:38:200:38:24

Yeah, we're cooking by gas,

0:38:240:38:26

so hopefully once we get those wee bits sorted we can move on

0:38:260:38:29

and of course the next step will be arranging access for the other

0:38:290:38:34

contractor but hopefully that should happen quite quickly.

0:38:340:38:37

Smashing. Lisa, as always you've been lovely.

0:38:370:38:40

-Thank you, good to speak.

-Bye-bye.

0:38:400:38:44

You know, half the battle nowadays is getting somebody on the phone

0:38:440:38:48

to deal with you in a nice, polite and civil manner.

0:38:480:38:52

Lisa the lady from NatWest did that.

0:38:520:38:54

I would find it very hard to get angry with her.

0:38:540:38:57

But anyhow I don't need to,

0:38:570:39:00

because it looks like now we're finally going to get

0:39:000:39:02

the resolution that Ros needs and has been waiting donkey's years for.

0:39:020:39:05

All that remains now is for me to go and see Ros to break the good news.

0:39:050:39:10

I get the impression from Ros that she thought NatWest had gone

0:39:110:39:15

west, but I'm about to meet her now and hopefully put her mind at rest.

0:39:150:39:19

Look at that! I'm a poet and didn't know it.

0:39:190:39:22

Ros. hello there, nice to meet you.

0:39:220:39:24

And you got me a cup of tea in, you're my favourite.

0:39:240:39:27

-I've never had that before, you know.

-Well, there's always a first time.

0:39:270:39:30

Right, let's get down to the reason why we're here, your problem.

0:39:300:39:34

It started a long time ago, didn't it?

0:39:340:39:37

It did, it started the beginning of 2010.

0:39:370:39:39

Right, so we're talking about four years ago.

0:39:390:39:41

Well, Lisa at NatWest has confirmed to me now that you are able

0:39:410:39:46

to have a different builder round to rectify and put right all the works.

0:39:460:39:50

Right.

0:39:500:39:53

Now you are within your rights

0:39:530:39:55

if you want to employ your own builder or they will send you

0:39:550:39:57

a list of other approved builders, people that they've used before,

0:39:570:40:00

they're aware of their work and they know that it's going to be OK.

0:40:000:40:04

We're going to leave that decision down to you,

0:40:040:40:07

but certainly they're ready to move like tomorrow.

0:40:070:40:11

-They want to get this sorted out.

-Fantastic, at last.

0:40:110:40:14

Now, one of the things which she did tell me about which is quite

0:40:140:40:19

interesting is they think they now know where this water leak is coming

0:40:190:40:23

from, but they've only inspected it from the outside and what she needs

0:40:230:40:27

to do is gain access from you to the inside just to make sure 100% that's

0:40:270:40:31

where it's coming from.

0:40:310:40:32

And I'd very much doubt you're going to get a wrong

0:40:320:40:36

diagnosis at this point, I think they're going to be very thorough.

0:40:360:40:39

I also let Ros know that NatWest has agreed to make a payment to

0:40:390:40:43

her of £1,229 to cover replacement wardrobes

0:40:430:40:46

and that it has apologised to her for not making this payment sooner.

0:40:460:40:50

What you've done by bringing this to my attention is brilliant.

0:40:520:40:55

We're sorting it out for you, We're 99% there, I hope next time

0:40:550:40:58

we speak, the cheques are in the post, the builders are working

0:40:580:41:02

round your house and your problems will soon be a distant memory.

0:41:020:41:05

-I hope so.

-How are you feeling right now?

0:41:050:41:08

-I'm absolutely over the moon.

-You do look relieved.

0:41:080:41:11

Yeah, I really am, at long last there's some hope,

0:41:110:41:15

there's some light at the end of the tunnel.

0:41:150:41:17

It's a chapter I can now close

0:41:170:41:19

and move on to the next phase of my life.

0:41:190:41:22

So hopefully next time we speak that's it, a distant memory.

0:41:220:41:26

-Absolutely, and I can't wait.

-Good luck to you.

-Thank you.

0:41:260:41:29

-Can I buy you a latte?

-You most definitely can.

0:41:290:41:31

Come on, then.

0:41:310:41:33

NatWest have finally given Ros the resolution she's been

0:41:370:41:40

waiting for so long.

0:41:400:41:42

And they've sent us the following statement.

0:41:420:41:45

The most important thing here though is that my job is finally done

0:42:060:42:10

and, after four years of frustration and heartache, Ros can at last

0:42:100:42:14

move on with her life and enjoy some quality time with her family.

0:42:140:42:18

I'm really looking forward to it, it's been so long

0:42:180:42:22

waiting for it all to take shape, to feel like a home again, to look in

0:42:220:42:28

places and not see these damp areas all the time or all the problems.

0:42:280:42:32

It'll just be so nice to come home, close the door

0:42:320:42:35

and make it feel like home again.

0:42:350:42:37

Ros has decided to pick a builder from the list that NatWest

0:42:370:42:41

will send her, so that she's covered if - heaven forbid - things

0:42:410:42:44

go wrong again and she plans to gets things moving as soon as possible.

0:42:440:42:47

Good on you, Ros.

0:42:470:42:49

I'm going to get on it straightaway, I'm going to contact the chartered

0:42:490:42:52

surveyor, arrange a date for him to go over, go through the place from

0:42:520:42:56

top to bottom, get a work schedule in place and it's just a relief

0:42:560:43:01

knowing that somebody is out there ready to help and to move forward

0:43:010:43:07

and I'm really excited about seeing the final picture, I really am.

0:43:070:43:11

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