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'I'm Dominic Littlewood, | 0:00:02 | 0:00:03 | |
'and I'm here to champion your consumer rights. | 0:00:03 | 0:00:06 | |
I'm looking for about £20,000 to sort this out once and for all. | 0:00:06 | 0:00:10 | |
'Any problem, whatever the size, | 0:00:10 | 0:00:12 | |
'I'll help you get the service you deserve.' | 0:00:12 | 0:00:14 | |
Waiting for them to ring me back, oh, so frustrating! | 0:00:16 | 0:00:18 | |
'Whether that involves getting your money back...' | 0:00:18 | 0:00:21 | |
It was just unacceptable as a customer to be told no. | 0:00:21 | 0:00:24 | |
'..or taking on your contract conundrums...' | 0:00:24 | 0:00:26 | |
The response I got was not satisfactory | 0:00:26 | 0:00:28 | |
because they failed to give me the information I asked for. | 0:00:28 | 0:00:31 | |
'..I'm here to help. | 0:00:31 | 0:00:33 | |
'And on today's programme, | 0:00:33 | 0:00:35 | |
'I'm making waves with a home insurance company | 0:00:35 | 0:00:37 | |
'after a homeowner finds herself in the soup.' | 0:00:37 | 0:00:41 | |
We decided to lift up an area that was once carpeted | 0:00:41 | 0:00:44 | |
and it had floorboards underneath. And when we raised those, | 0:00:44 | 0:00:47 | |
we found that both rooms had about two foot of water in. | 0:00:47 | 0:00:51 | |
The dog owner who wished she'd read the small print, | 0:00:51 | 0:00:54 | |
after her pooches pawed her sofa. | 0:00:54 | 0:00:56 | |
They just said the dogs had run over it, jumped all over it, | 0:00:56 | 0:01:00 | |
and it wasn't covered because you're only covered for one dog incident. | 0:01:00 | 0:01:04 | |
And when your battle with your trader has run its course, | 0:01:04 | 0:01:07 | |
I'll give you some tips on how to fight the case in court. | 0:01:07 | 0:01:10 | |
Ultimately it may be the only method of obtaining compensation. | 0:01:10 | 0:01:15 | |
I'm taking on your consumer problems to make sure YOU don't get done! | 0:01:15 | 0:01:19 | |
After our family, friends - | 0:01:28 | 0:01:30 | |
and in a few sad cases, our mobile phones - | 0:01:30 | 0:01:32 | |
our homes are our most precious asset | 0:01:32 | 0:01:35 | |
because they're our haven, | 0:01:35 | 0:01:36 | |
and we would do whatever we can to protect them, | 0:01:36 | 0:01:39 | |
which is why we take out home insurance, | 0:01:39 | 0:01:41 | |
in case the unexpected happens. | 0:01:41 | 0:01:43 | |
At least that's what Ros Rogers from Bristol thought | 0:01:43 | 0:01:46 | |
when she discovered water leaking into her home | 0:01:46 | 0:01:49 | |
from a neighbouring property. | 0:01:49 | 0:01:51 | |
There was actually water underneath the floorboards | 0:01:51 | 0:01:54 | |
in both the dining room and the living room area. | 0:01:54 | 0:01:58 | |
And the water had caused widespread damp throughout the ground floor. | 0:01:58 | 0:02:02 | |
You can visibly see where it's all blown | 0:02:02 | 0:02:06 | |
and the fungus, once again, down here in the recess. | 0:02:06 | 0:02:12 | |
Ros had insurance with NatWest, | 0:02:12 | 0:02:15 | |
who sent some builders round to rectify the problem. | 0:02:15 | 0:02:18 | |
But almost four years on, the issues are still there | 0:02:18 | 0:02:21 | |
and Ros is now in dispute with NatWest. | 0:02:21 | 0:02:24 | |
I want them to admit responsibility, for them | 0:02:25 | 0:02:27 | |
to hold their hands up and say, "Actually do you know what? | 0:02:27 | 0:02:30 | |
"We didn't give this person the customer service that she deserves, | 0:02:30 | 0:02:34 | |
"but we're willing to put it right now." | 0:02:34 | 0:02:36 | |
She first discovered the issues | 0:02:36 | 0:02:38 | |
when she began decorating her house in preparation for a move. | 0:02:38 | 0:02:42 | |
Now that my daughter had left home, | 0:02:43 | 0:02:45 | |
the house was too big for my son and myself, | 0:02:45 | 0:02:48 | |
so we decided we were going to downsize and sell the property. | 0:02:48 | 0:02:52 | |
But as she started to take the wallpaper off and prepare | 0:02:52 | 0:02:55 | |
the walls for painting, she began to notice some areas of damp. | 0:02:55 | 0:03:00 | |
Once the damp started coming through the two walls, | 0:03:00 | 0:03:04 | |
I decided to get a survey done. | 0:03:04 | 0:03:06 | |
And the survey showed | 0:03:06 | 0:03:09 | |
that in fact there was water coming into the property. | 0:03:09 | 0:03:12 | |
We decided to lift up an area that was once carpeted | 0:03:12 | 0:03:16 | |
and it had floorboards underneath. | 0:03:16 | 0:03:18 | |
And when we raised those, | 0:03:18 | 0:03:19 | |
we found that both rooms in fact had about two foot of water in. | 0:03:19 | 0:03:24 | |
Ros had no idea where the water was coming from, | 0:03:24 | 0:03:27 | |
so called her insurance company for advice. | 0:03:27 | 0:03:29 | |
My insurance company suggested to contact a builder | 0:03:29 | 0:03:34 | |
to trace it to the area where it's coming from. | 0:03:34 | 0:03:37 | |
Once the builder came in, it was found that the water was | 0:03:37 | 0:03:41 | |
coming predominantly from my next-door neighbour's soakaway. | 0:03:41 | 0:03:45 | |
A soakaway is a large, underground pit filled with gravel, | 0:03:45 | 0:03:49 | |
where surface water from your roof or driveway is piped. | 0:03:49 | 0:03:53 | |
The idea is for this water to then drain into the garden soil. | 0:03:53 | 0:03:56 | |
But Ros's neighbour's garden was made of clay, | 0:03:56 | 0:03:59 | |
which doesn't soak up the excess water. | 0:03:59 | 0:04:01 | |
It became apparent that the soakaway in my neighbour's house | 0:04:02 | 0:04:06 | |
shouldn't have been put there in the first place. | 0:04:06 | 0:04:09 | |
As a result, Ros was now left with water under her floorboards, | 0:04:09 | 0:04:13 | |
damp walls and tripping electrics, | 0:04:13 | 0:04:15 | |
AND a big repair job for her insurance company. | 0:04:15 | 0:04:18 | |
Keen to get the house on the market as soon as possible, | 0:04:20 | 0:04:23 | |
Ros asked NatWest to begin these repairs straightaway. | 0:04:23 | 0:04:27 | |
But NatWest's loss adjusters told her they couldn't repair the damage | 0:04:27 | 0:04:30 | |
to her property until the neighbour repaired her drainage system. | 0:04:30 | 0:04:34 | |
And in the meantime, Ros and her son would have to move out. | 0:04:34 | 0:04:38 | |
At that point, it was impossible for us to live in the house. | 0:04:39 | 0:04:42 | |
The whole of the dining area and the front room | 0:04:42 | 0:04:46 | |
was totally filled with water | 0:04:46 | 0:04:48 | |
and my insurance company offered to | 0:04:48 | 0:04:50 | |
put us in alternative accommodation | 0:04:50 | 0:04:52 | |
which we thought would be approximately six months. | 0:04:52 | 0:04:55 | |
Six months seemed a reasonable time | 0:04:55 | 0:04:56 | |
to get the house in a fit state to sell, | 0:04:56 | 0:04:58 | |
and Ros and her son moved out. | 0:04:58 | 0:05:01 | |
What they didn't expect was to be still living in alternative | 0:05:02 | 0:05:05 | |
accommodation years down the line. | 0:05:05 | 0:05:08 | |
Unfortunately, the contractor that my neighbour got | 0:05:08 | 0:05:12 | |
to do the soakaway failed to do the work correctly | 0:05:12 | 0:05:17 | |
and so therefore this led the case to go on and on | 0:05:17 | 0:05:20 | |
and subsequently we ended up staying out of our house for three years. | 0:05:20 | 0:05:25 | |
Ros's neighbour finally got another contractor to carry out | 0:05:25 | 0:05:28 | |
the work again. | 0:05:29 | 0:05:31 | |
Once this was done, repair work could at last begin on Ros's home. | 0:05:31 | 0:05:34 | |
My understanding was - right, the ball can get rolling now, | 0:05:35 | 0:05:39 | |
my house can get put back together, | 0:05:39 | 0:05:41 | |
it won't be long before we're moving back home. | 0:05:41 | 0:05:43 | |
NatWest appointed a building firm to address the damp issues, | 0:05:43 | 0:05:48 | |
replaster the walls | 0:05:48 | 0:05:50 | |
and install a new kitchen, | 0:05:50 | 0:05:51 | |
as the old one had been damaged by water ingress | 0:05:51 | 0:05:53 | |
and Ros felt confident they would do a good job. | 0:05:53 | 0:05:57 | |
I'd been with my insurance company NatWest for over 12 or 13 years. | 0:05:57 | 0:06:03 | |
I've never had a problem, so I have no reason to doubt them. | 0:06:03 | 0:06:07 | |
Being a big branded name, I thought I was getting the best. | 0:06:07 | 0:06:11 | |
Seven and a half months later, work was completed | 0:06:11 | 0:06:14 | |
and Ros and her son were finally able to move back in. | 0:06:14 | 0:06:17 | |
But it wasn't long before the problems began to | 0:06:17 | 0:06:20 | |
rear their ugly heads again. | 0:06:20 | 0:06:22 | |
I can remember coming in one day and being hit by this smell of damp | 0:06:23 | 0:06:27 | |
and we'd only been moved back in a short time | 0:06:27 | 0:06:30 | |
so it was still fresh paint which is what I was used to smelling | 0:06:30 | 0:06:34 | |
and it was a process of elimination. | 0:06:34 | 0:06:36 | |
So, I had a look in the electric cupboard and sure enough, | 0:06:36 | 0:06:40 | |
the smell of damp just came pouring out and you could see on both sides | 0:06:40 | 0:06:44 | |
of the cupboard that there was fungus growing in here. | 0:06:44 | 0:06:48 | |
So, I knew immediately that there was already a damp problem occurring. | 0:06:48 | 0:06:54 | |
And the more Ros looked for evidence of damp, the more she found. | 0:06:57 | 0:07:01 | |
Six or seven months ago, | 0:07:01 | 0:07:03 | |
this was all replastered and decorated, | 0:07:03 | 0:07:05 | |
and you can see it's quite near the electrics, | 0:07:05 | 0:07:09 | |
which is a concern of mine. | 0:07:09 | 0:07:11 | |
It's damp, it's fungus and the paint is falling off. | 0:07:11 | 0:07:17 | |
And this goes all the way along to the other recess where we can see | 0:07:17 | 0:07:22 | |
more fungi, the paint's coming off, peeling off all the way through. | 0:07:22 | 0:07:28 | |
And in addition to the damp, | 0:07:28 | 0:07:30 | |
Ros discovered a whole raft of other problems, including an uneven floor, | 0:07:30 | 0:07:34 | |
a poorly fitted kitchen | 0:07:34 | 0:07:36 | |
and serious bowing in the walls of the lounge. | 0:07:36 | 0:07:38 | |
Coming here into the living area, you can see the wall | 0:07:40 | 0:07:44 | |
and the skirting is out, the same as the other side of the wall, | 0:07:44 | 0:07:49 | |
which is totally bowed. The wall is all out of line there as well. | 0:07:49 | 0:07:54 | |
Appalled, she got straight on the phone to NatWest to complain. | 0:07:54 | 0:07:58 | |
But she didn't get the response she was hoping for. | 0:07:58 | 0:08:01 | |
When I contacted my insurance company, my loss adjuster, | 0:08:01 | 0:08:06 | |
quite often it was a voice mail and he wouldn't get back to me | 0:08:06 | 0:08:10 | |
for several days, sometimes a week. | 0:08:10 | 0:08:12 | |
It became very frustrating, | 0:08:12 | 0:08:15 | |
and then he would say, "I'll contact the builders", | 0:08:15 | 0:08:18 | |
then we'd have a meeting, then I'd go through the problems | 0:08:18 | 0:08:22 | |
with them and wait to hear their response | 0:08:22 | 0:08:24 | |
and I never did. | 0:08:24 | 0:08:26 | |
In January this year, | 0:08:26 | 0:08:28 | |
I met with the director of the building company, | 0:08:28 | 0:08:31 | |
he came round and we went through absolutely everything. | 0:08:31 | 0:08:35 | |
He said, "I'll be in touch, I'll write you a letter | 0:08:35 | 0:08:37 | |
"and let you know where we move forward from here" | 0:08:37 | 0:08:40 | |
and I never did. | 0:08:40 | 0:08:41 | |
NatWest did eventually agree that | 0:08:43 | 0:08:44 | |
if Ros sent in a surveyor's report, they would consider it, but they | 0:08:44 | 0:08:47 | |
would probably use the same building firm to rectify the problems. | 0:08:47 | 0:08:51 | |
Well, Ros doesn't have the money to pay for this report | 0:08:51 | 0:08:54 | |
and she wants to employ a different building firm. | 0:08:54 | 0:08:57 | |
It's now been seven months of toing and froing since Ros | 0:08:57 | 0:08:59 | |
reported the problems to NatWest and things are still at a stalemate. | 0:08:59 | 0:09:04 | |
What I'm hoping from Dom is for him | 0:09:04 | 0:09:07 | |
to be able to get the answers, to get the work done, | 0:09:07 | 0:09:10 | |
for them to admit the problems and communicate with me, | 0:09:10 | 0:09:16 | |
and give me the opportunity to find somebody else to put it right. | 0:09:16 | 0:09:20 | |
So we've got one very unhappy customer who's spent over | 0:09:22 | 0:09:26 | |
three years living in alternative accommodation while | 0:09:26 | 0:09:29 | |
the damp issues with her house are meant to be sorted out. | 0:09:29 | 0:09:31 | |
And what has her patience been rewarded with? | 0:09:31 | 0:09:34 | |
Well, nothing - because she's still got a load of problems, | 0:09:34 | 0:09:37 | |
plus a few additional problems she thinks were caused by the builders, | 0:09:37 | 0:09:40 | |
and she's reached stalemate with her insurance company. | 0:09:40 | 0:09:42 | |
Definitely time for me to get involved. | 0:09:42 | 0:09:45 | |
NatWest is a member of the Royal Bank of Scotland Group, | 0:09:45 | 0:09:49 | |
one of the world's largest financial services companies. | 0:09:49 | 0:09:53 | |
Its home insurance arm is | 0:09:53 | 0:09:54 | |
underwritten by UK Insurance Limited. | 0:09:54 | 0:09:57 | |
NatWest prides itself on being "helpful", | 0:09:57 | 0:09:59 | |
but one of its customers has found it to be anything but | 0:09:59 | 0:10:02 | |
and I want to find out why. | 0:10:02 | 0:10:05 | |
So I've sent an e-mail to NatWest's press office outlining | 0:10:05 | 0:10:08 | |
Ros's complaints and asking them to respond. | 0:10:08 | 0:10:10 | |
Let's see what they come back with. | 0:10:10 | 0:10:13 | |
It's so important that we protect our home with insurance | 0:10:20 | 0:10:24 | |
to hopefully cover us against structural damage | 0:10:24 | 0:10:26 | |
but some of us also want to | 0:10:26 | 0:10:28 | |
protect the goods we buy to insure us | 0:10:28 | 0:10:30 | |
against damage, loss or a break-in and give us that peace of mind. | 0:10:30 | 0:10:35 | |
And that's where extended warranties can come in. | 0:10:35 | 0:10:38 | |
It's a billion pound industry which can cover everything | 0:10:38 | 0:10:41 | |
from computers to televisions, washing machines to sofas. | 0:10:41 | 0:10:45 | |
And extended warranties can be a useful added extra. | 0:10:45 | 0:10:48 | |
An extended warranty basically extends that manufacturer's guarantee | 0:10:48 | 0:10:52 | |
for a period of anything between one year and five years. | 0:10:52 | 0:10:55 | |
So after the standard manufacturer's guarantee has ended, you can | 0:10:55 | 0:10:59 | |
still get your products replaced and repaired during that period. | 0:10:59 | 0:11:02 | |
But it's worth doing some research first to see if paying out extra | 0:11:03 | 0:11:07 | |
for that protection is going to be right for you. | 0:11:07 | 0:11:10 | |
The best practice that you will find from retailers is | 0:11:10 | 0:11:12 | |
when you're being sold an extended warranty, they'll explain | 0:11:12 | 0:11:15 | |
exactly what the terms and conditions of that warranty is. | 0:11:15 | 0:11:19 | |
There are lots of tricky terms and conditions within warranties. | 0:11:19 | 0:11:22 | |
The things you should be looking out for are whether or not | 0:11:22 | 0:11:25 | |
it covers accidental damage, whether or not it covers wear and tear. | 0:11:25 | 0:11:29 | |
That's good advice | 0:11:29 | 0:11:30 | |
and something mum of five Judith Clegg from Lancashire | 0:11:30 | 0:11:33 | |
probably wishes she'd heeded before spending £285 | 0:11:33 | 0:11:37 | |
on an extended warranty for her new sofa. | 0:11:37 | 0:11:40 | |
When we were looking for the sofa, we all went as a family | 0:11:40 | 0:11:43 | |
because obviously it's a big purchase. | 0:11:43 | 0:11:45 | |
We were looking round, trying out all the suites, | 0:11:45 | 0:11:48 | |
trying to decide which was the nicest one. | 0:11:48 | 0:11:50 | |
The guy selling us the sofa came over | 0:11:50 | 0:11:53 | |
and said, you need to buy the insurance for it. | 0:11:53 | 0:11:56 | |
With such a big family, buying an insurance policy | 0:11:57 | 0:12:00 | |
seemed like a good idea to protect their £2,000 two-piece sofa. | 0:12:00 | 0:12:05 | |
But not just from the kids. | 0:12:05 | 0:12:07 | |
We have two chocolate Labradors. | 0:12:07 | 0:12:09 | |
When we were sold the policy, they said any damage that is caused | 0:12:09 | 0:12:13 | |
to your sofa would be rectified and put right. | 0:12:13 | 0:12:17 | |
He said anything your dog does to it, it's covered, | 0:12:17 | 0:12:20 | |
anything the children do to it would be covered. | 0:12:20 | 0:12:23 | |
Just ring us up, tell us and we'll come out and sort it out. | 0:12:23 | 0:12:26 | |
If it's not sortable, we'll replace it and get you a new suite. | 0:12:26 | 0:12:30 | |
That was the only reason I bought the insurance. | 0:12:30 | 0:12:33 | |
Judith's five-year extended warranty appeared to be | 0:12:34 | 0:12:37 | |
all singing and dancing peace of mind, covering everything from | 0:12:37 | 0:12:40 | |
"the cost of removing stains" or | 0:12:40 | 0:12:42 | |
"repairing damage caused by a sudden and unforeseen accidental event" | 0:12:42 | 0:12:46 | |
and "the cost of repairing defective or failed manual | 0:12:46 | 0:12:49 | |
"or electric recliner mechanisms." | 0:12:49 | 0:12:52 | |
And initially, the policy did exactly what it said it would. | 0:12:52 | 0:12:55 | |
When we first had the sofa delivered, | 0:12:55 | 0:12:57 | |
we noticed that there was scuffing on one of the chairs | 0:12:57 | 0:13:02 | |
and the recliner sofa wasn't sitting correctly. | 0:13:02 | 0:13:06 | |
So they said they would send somebody round, which they did, | 0:13:06 | 0:13:08 | |
and he put some paint on it and touched up the leather | 0:13:08 | 0:13:11 | |
and he just said they'd incorrectly fitted the recliners together | 0:13:11 | 0:13:15 | |
so he just redid that and then off he went. | 0:13:15 | 0:13:18 | |
But it was only within a couple of weeks when that happened. | 0:13:18 | 0:13:22 | |
But two and a half years later in September 2012, | 0:13:23 | 0:13:26 | |
the family had cause to contact their insurers again. | 0:13:26 | 0:13:30 | |
After we'd been on holiday, | 0:13:30 | 0:13:31 | |
we noticed that there were some scratches on the sofa. | 0:13:31 | 0:13:34 | |
When we realised we'd got the damage, we explained that we had | 0:13:34 | 0:13:37 | |
an extended warranty and they arranged to come out | 0:13:37 | 0:13:40 | |
and take some photographs and fill in a report about it. | 0:13:40 | 0:13:44 | |
Judith was unsure if the scratches had been caused | 0:13:44 | 0:13:47 | |
by a shoe buckle or one of the dogs accidentally scratching the sofa. | 0:13:47 | 0:13:51 | |
Either way, they weren't concerned. | 0:13:51 | 0:13:54 | |
We have chocolate Labradors, they only go on the furniture | 0:13:54 | 0:13:57 | |
when we are actually in the room because we have a gate | 0:13:57 | 0:14:00 | |
on the lounge to stop them coming on when nobody's in the room. | 0:14:00 | 0:14:04 | |
They've never ripped the sofa, | 0:14:04 | 0:14:05 | |
they've just jumped on the sofa which we thought would be covered. | 0:14:05 | 0:14:09 | |
But not this time, it seemed, | 0:14:09 | 0:14:11 | |
because three weeks after the inspection report, | 0:14:11 | 0:14:13 | |
the family received a call. | 0:14:13 | 0:14:16 | |
They just said the dogs have run over it, jumped all over it | 0:14:16 | 0:14:19 | |
and it wasn't covered because you're only covered for one dog incident. | 0:14:19 | 0:14:23 | |
Confused, Judith queried the response. | 0:14:23 | 0:14:27 | |
My husband said but we told you when we took the warranty out | 0:14:27 | 0:14:30 | |
we had two chocolate Labradors. | 0:14:30 | 0:14:32 | |
If you'd said to us you're only covered if one dog does any damage, | 0:14:32 | 0:14:36 | |
we wouldn't have taken the warranty out. | 0:14:36 | 0:14:38 | |
They just said no, you should have read your policy wording | 0:14:38 | 0:14:41 | |
and there's nothing we can do about it, you can't have your money back. | 0:14:41 | 0:14:44 | |
Sure enough, on closer inspection, the tiny terms and conditions on the | 0:14:44 | 0:14:49 | |
back of the policy document include the words... | 0:14:49 | 0:14:51 | |
I thought it would cover me for everything for five years, | 0:15:02 | 0:15:06 | |
but when it comes down to actually making a claim on the policy, | 0:15:06 | 0:15:11 | |
that isn't what you get. | 0:15:11 | 0:15:12 | |
And although Judith doesn't even know | 0:15:14 | 0:15:16 | |
if the scratch was caused by a pet or one of the kids, | 0:15:16 | 0:15:18 | |
she has no way of proving it wasn't caused by both dogs, either. | 0:15:18 | 0:15:22 | |
And the family is now having even more problems with their suite. | 0:15:22 | 0:15:26 | |
As you can see, | 0:15:26 | 0:15:28 | |
this one is all black where there's no hide left on it. | 0:15:28 | 0:15:32 | |
The cup holders just fall out. | 0:15:32 | 0:15:35 | |
This is all wickery wackery. | 0:15:35 | 0:15:37 | |
My other sofa is totally black where it's lost all its colour. | 0:15:37 | 0:15:43 | |
We've had this sofa for four years. | 0:15:43 | 0:15:46 | |
You'd think we'd had it for 20 years by the looks of it now. | 0:15:46 | 0:15:50 | |
The warranty company ruled these further issues | 0:15:50 | 0:15:53 | |
are down to wear and tear - another exclusion in their policy. | 0:15:53 | 0:15:57 | |
Judith was aware of that exclusion but assumed the leather on her sofa | 0:15:58 | 0:16:02 | |
would last longer than four years so she thought it was a defect. | 0:16:02 | 0:16:07 | |
But it's not | 0:16:07 | 0:16:08 | |
and it's been a tough and expensive lesson for Judith. | 0:16:08 | 0:16:11 | |
As things stand at this moment in time, | 0:16:13 | 0:16:16 | |
I'm left with a suite that I'm going to have to replace | 0:16:16 | 0:16:20 | |
and I'll be out of pocket | 0:16:20 | 0:16:21 | |
because of what I thought would have lasted me ten years | 0:16:21 | 0:16:24 | |
hasn't even lasted me five years. | 0:16:24 | 0:16:27 | |
If I was to buy something with a warranty, | 0:16:27 | 0:16:30 | |
I'd want to see the warranty in writing, | 0:16:30 | 0:16:34 | |
take it home and read it before I purchased anything. | 0:16:34 | 0:16:39 | |
And maybe she'll buy a bigger suite next time as there's been yet | 0:16:40 | 0:16:43 | |
another addition to this busy household. | 0:16:43 | 0:16:46 | |
Over the last 12 months, | 0:16:46 | 0:16:48 | |
my dog had puppies and we kept two | 0:16:48 | 0:16:52 | |
and so now we have four chocolate Labradors. | 0:16:52 | 0:16:55 | |
The dogs are absolutely gorgeous. | 0:16:55 | 0:16:58 | |
They're part of the family. | 0:16:58 | 0:17:01 | |
They're lovely. | 0:17:01 | 0:17:02 | |
Mischief. | 0:17:02 | 0:17:04 | |
Well, at least that's put a smile back on her face. | 0:17:05 | 0:17:08 | |
You being a good boy? | 0:17:08 | 0:17:09 | |
When you buy a product, | 0:17:09 | 0:17:11 | |
it is worthwhile having a little look at the warranty, | 0:17:11 | 0:17:13 | |
see what you are actually covered for | 0:17:13 | 0:17:15 | |
and what damage you're responsible for. | 0:17:15 | 0:17:17 | |
I've been looking into a complaint made against NatWest home insurance | 0:17:26 | 0:17:29 | |
by one of its customers, Ros Rogers. | 0:17:29 | 0:17:32 | |
She had to get her whole downstairs refurbished after her | 0:17:32 | 0:17:35 | |
neighbour's soakaway leaked into her house. | 0:17:35 | 0:17:38 | |
But she believes the builders that NatWest contracted | 0:17:38 | 0:17:41 | |
did a substandard job and she's been left with additional snagging | 0:17:41 | 0:17:44 | |
issues and a house that's still full of damp. | 0:17:44 | 0:17:48 | |
This area here was predominantly one of the areas where the water | 0:17:48 | 0:17:52 | |
first came through originally, so to see this back again really does | 0:17:52 | 0:17:55 | |
concern me because it's a lot higher than it was all those years ago. | 0:17:55 | 0:18:01 | |
Ros complained to NatWest seven months ago, | 0:18:02 | 0:18:05 | |
but they still haven't reached an agreement about what to do next. | 0:18:05 | 0:18:08 | |
Ros feels NatWest is not listening to her and is dragging its feet. | 0:18:08 | 0:18:12 | |
I've spoken to so many different people in the team. | 0:18:12 | 0:18:16 | |
Quite often, they say we'll get your loss adjuster to get in touch | 0:18:16 | 0:18:20 | |
with you or they apologise and say "I'll send you a £50 voucher", | 0:18:20 | 0:18:24 | |
which doesn't resolve anything at all. | 0:18:24 | 0:18:27 | |
But it always seemed to be passing the buck. | 0:18:27 | 0:18:30 | |
Nobody wanted to take the reins of it and say, | 0:18:30 | 0:18:32 | |
"I'm going to deal with this and I'm going to get you some answers." | 0:18:32 | 0:18:35 | |
She's also been left with an additional problem which she | 0:18:35 | 0:18:38 | |
believes her insurers should have foreseen. | 0:18:38 | 0:18:42 | |
My old wardrobes. | 0:18:42 | 0:18:43 | |
They were left upstairs while the water was still | 0:18:43 | 0:18:46 | |
coming into the house and over three years, the white wardrobes | 0:18:46 | 0:18:49 | |
then became green wardrobes so they had to be disposed of. | 0:18:49 | 0:18:52 | |
As NatWest failed to advise her to put her furniture into storage | 0:18:53 | 0:18:57 | |
while the work was carried out, she believes they should now | 0:18:57 | 0:19:00 | |
replace the wardrobes or reimburse her for new ones. | 0:19:00 | 0:19:03 | |
But when she asked for this, they refused. | 0:19:03 | 0:19:06 | |
My loss adjuster said, "No, it's nothing to do with them at all." | 0:19:06 | 0:19:09 | |
So then I went to the Financial Ombudsman, who were fantastic, | 0:19:09 | 0:19:13 | |
they communicated, they wrote to me, they spoke to me, | 0:19:13 | 0:19:17 | |
they answered every question and they found in my favour for my | 0:19:17 | 0:19:20 | |
insurance company to reimburse me for the items that were lost. | 0:19:20 | 0:19:24 | |
The Financial Ombudsman is a free, independent service which is there | 0:19:25 | 0:19:29 | |
to settle disputes between consumers and financial institutions. | 0:19:29 | 0:19:33 | |
Its decision is binding in law. | 0:19:33 | 0:19:35 | |
However, it can be appealed by the customer if they're not happy. | 0:19:35 | 0:19:39 | |
In Ros's case, the ombudsman ruled that NatWest should reimburse her | 0:19:39 | 0:19:43 | |
for replacement wardrobes | 0:19:43 | 0:19:44 | |
and other items that were lost or damaged during the building works. | 0:19:44 | 0:19:48 | |
But despite constant reminders, | 0:19:48 | 0:19:50 | |
six months later, Ros has still not received the money. | 0:19:50 | 0:19:53 | |
Following my e-mail to NatWest, | 0:19:56 | 0:19:58 | |
they have been in touch to say they're looking into Ros's case, | 0:19:58 | 0:20:01 | |
which is a step in the right direction. | 0:20:01 | 0:20:03 | |
So, I'm going to give them a call soon | 0:20:03 | 0:20:05 | |
to find out what they plan on doing about it. | 0:20:05 | 0:20:08 | |
But first things first. | 0:20:08 | 0:20:09 | |
I've recommended to Ros that she gets an independent surveyor | 0:20:09 | 0:20:12 | |
to identify all the problems with the property as it stands. | 0:20:12 | 0:20:15 | |
Enter chartered surveyor Chris Easton. | 0:20:15 | 0:20:18 | |
This morning, I'm going to Mrs Rogers' | 0:20:18 | 0:20:21 | |
and we're going to have a look | 0:20:21 | 0:20:22 | |
at the extent of the remedial works that have been undertaken following | 0:20:22 | 0:20:26 | |
this rather large amount of water that's come into her property. | 0:20:26 | 0:20:29 | |
The main problem with these types of claims is that you must allow | 0:20:29 | 0:20:34 | |
sufficient time for the property to dry out | 0:20:34 | 0:20:37 | |
and I think there are going to be problems where insufficient time | 0:20:37 | 0:20:41 | |
has been allowed for the building to dry. | 0:20:41 | 0:20:43 | |
Chris has kindly agreed to inspect Ros's property. | 0:20:45 | 0:20:48 | |
He will look for signs of damp | 0:20:48 | 0:20:49 | |
and also any indication that the building work carried out | 0:20:49 | 0:20:52 | |
does not comply with British industry standards. | 0:20:52 | 0:20:55 | |
Hello, I'm Chris Easton. | 0:20:56 | 0:20:58 | |
-Nice to meet you, come on in. -Thank you. | 0:20:58 | 0:21:01 | |
Once inside the property, it doesn't take him long | 0:21:01 | 0:21:04 | |
to spot the telltale signs. | 0:21:04 | 0:21:06 | |
One of the problems that Mrs Rogers complains about is | 0:21:06 | 0:21:09 | |
an uneven floor and that's often an indication that the building has not | 0:21:09 | 0:21:14 | |
been allowed to dry out properly | 0:21:14 | 0:21:16 | |
and that we've still got large levels of moisture in the building. | 0:21:16 | 0:21:19 | |
And we can see in the cupboard here, there are fungi growing | 0:21:19 | 0:21:23 | |
and that's indicating that we've got high levels of moisture, | 0:21:23 | 0:21:26 | |
indicating the building did not adequately dry out. | 0:21:26 | 0:21:30 | |
Chris also finds clear indications of damp in the lounge. | 0:21:30 | 0:21:35 | |
These are prime areas where you'd be expecting the moisture to be | 0:21:35 | 0:21:38 | |
retained because the brick is quite thin at this point, | 0:21:38 | 0:21:42 | |
the brickwork holds the moisture | 0:21:42 | 0:21:44 | |
and then you have spoiling of the decorations | 0:21:44 | 0:21:46 | |
as we can see both in this recess and in the other recess here. | 0:21:46 | 0:21:51 | |
And we're getting situations where we're having plastering | 0:21:51 | 0:21:54 | |
that's now bubbling and blistering | 0:21:54 | 0:21:56 | |
and we're getting a mould growth and that needs to be dealt with. | 0:21:56 | 0:22:00 | |
In addition to this, he also spots some prime examples | 0:22:01 | 0:22:04 | |
of work that hasn't been carried out to a high enough standard. | 0:22:04 | 0:22:09 | |
I understand from Mrs Rogers that in fact all of this plaster | 0:22:09 | 0:22:12 | |
was hacked off back to the brickwork, | 0:22:12 | 0:22:15 | |
therefore it seems to me the contractor had | 0:22:15 | 0:22:17 | |
the opportunity of getting this plaster very level. | 0:22:17 | 0:22:20 | |
It isn't. We can clearly see that it's out of vertical | 0:22:20 | 0:22:24 | |
by potentially 40mm | 0:22:24 | 0:22:27 | |
and that certainly is outside the British standard. | 0:22:27 | 0:22:29 | |
And then we see the same situation with the skirting board | 0:22:29 | 0:22:32 | |
and the skirting board again is bowed | 0:22:32 | 0:22:35 | |
and that's easily visible from the front door and I think draws | 0:22:35 | 0:22:39 | |
attention to the lack of care and skill taken in the re-plastering. | 0:22:39 | 0:22:45 | |
Chris concludes that Ros is right to be unhappy with the works carried | 0:22:45 | 0:22:49 | |
out and is justified in making a formal complaint to NatWest. | 0:22:49 | 0:22:53 | |
Firstly, we've got a building that wasn't adequately dried out | 0:22:53 | 0:22:56 | |
and that's manifested itself in the defects that we can see. | 0:22:56 | 0:22:59 | |
Secondly, the quality of the work undertaken by the contractors | 0:22:59 | 0:23:02 | |
is not compliant, it breaches their statutory duty | 0:23:02 | 0:23:05 | |
and definite remedial works are required. | 0:23:05 | 0:23:07 | |
The main thing that must be borne in mind is that this building must be | 0:23:07 | 0:23:11 | |
dried out before any more remedial works are undertaken, otherwise | 0:23:11 | 0:23:14 | |
we will have a replica of the exact problems we've seen this morning. | 0:23:14 | 0:23:18 | |
In a nutshell, Chris has backed up everything that Ros has been saying, | 0:23:19 | 0:23:23 | |
and I will be putting all of his points to NatWest. | 0:23:23 | 0:23:25 | |
But first, I want to have a quick chat with Ros to find out | 0:23:25 | 0:23:28 | |
exactly what she's hoping to get from her insurers. | 0:23:28 | 0:23:31 | |
What do you want, in an ideal world? | 0:23:32 | 0:23:34 | |
I need it all rectified and not at a cost to my pocket. | 0:23:34 | 0:23:40 | |
When I first had it all decorated, my idea was to downsize | 0:23:40 | 0:23:43 | |
and sell the property and I just feel I can't move on any more. | 0:23:43 | 0:23:47 | |
I need it rectified, put right | 0:23:47 | 0:23:49 | |
so I can close this chapter and move on. | 0:23:49 | 0:23:52 | |
I ask her if NatWest's suggestion of sending the same building firm | 0:23:52 | 0:23:56 | |
in to rectify the problems is acceptable. | 0:23:56 | 0:23:59 | |
Not a chance! | 0:23:59 | 0:24:01 | |
If they couldn't get it right the first time, | 0:24:01 | 0:24:03 | |
what faith do I have in them doing it again? | 0:24:03 | 0:24:04 | |
If NatWest make you a financial offer, | 0:24:04 | 0:24:07 | |
would you want to accept that and sort it out yourself or would | 0:24:07 | 0:24:10 | |
you want them to supply a different team of builders to do the work? | 0:24:10 | 0:24:14 | |
I'm in two minds what to do, that is really undecided. | 0:24:14 | 0:24:17 | |
I just want somebody to say, "I'm going to do it right for you, | 0:24:17 | 0:24:20 | |
"I'm not going to let you down." | 0:24:20 | 0:24:22 | |
OK, Ros, I shall crack on with this | 0:24:22 | 0:24:24 | |
and see if I can ruffle a few feathers. | 0:24:24 | 0:24:26 | |
All right, I'll speak to you soon, thank you. | 0:24:26 | 0:24:28 | |
Ros has clearly lost all faith in the original building company | 0:24:28 | 0:24:31 | |
who carried out the work. | 0:24:31 | 0:24:33 | |
But she's not sure | 0:24:33 | 0:24:34 | |
whether to get NatWest to contract a different building firm | 0:24:34 | 0:24:37 | |
or to choose one herself and get NatWest to pay for it. | 0:24:37 | 0:24:40 | |
I'm going to meet Simon Lambert, the editor of finance website | 0:24:40 | 0:24:44 | |
This Is Money, to get his take on the best route to go down. | 0:24:44 | 0:24:48 | |
If you need to make a claim, | 0:24:49 | 0:24:50 | |
and let's say it's a substantial one, where do you stand with | 0:24:50 | 0:24:54 | |
the insurance company recommending their own repairers? | 0:24:54 | 0:24:57 | |
If the insurance company tells you about an approved repairers | 0:24:58 | 0:25:01 | |
or recommends a repairer, then you've actually got better | 0:25:01 | 0:25:04 | |
protection than if you choose them yourself. | 0:25:04 | 0:25:06 | |
Because if it's an approved repairer and the work's not up to | 0:25:06 | 0:25:09 | |
scratch then it's the insurance company's responsibility to | 0:25:09 | 0:25:12 | |
go after them and make sure that the job is done properly. | 0:25:12 | 0:25:15 | |
If you've chosen the repairers yourself, the insurance company | 0:25:15 | 0:25:18 | |
could turn around and say it's your responsibility to do that. | 0:25:18 | 0:25:21 | |
OK, let's say you go down the route of choosing one of the insurance | 0:25:21 | 0:25:24 | |
company's own repairers, where do you stand if you've got problems? | 0:25:24 | 0:25:28 | |
If you don't think the company the insurer has recommended is | 0:25:28 | 0:25:34 | |
good enough or is covering the job properly, then you should | 0:25:34 | 0:25:38 | |
challenge it with the insurer | 0:25:38 | 0:25:40 | |
because it is the insurer's responsibility to put you back | 0:25:40 | 0:25:43 | |
where you were before the incident that caused that claim to be made. | 0:25:43 | 0:25:47 | |
So you should be happy with what they're recommending. | 0:25:47 | 0:25:50 | |
What about if you're not? Because let's be honest, there are quite a few occasions | 0:25:50 | 0:25:54 | |
where people aren't in agreement with the insurance company, | 0:25:54 | 0:25:56 | |
they do complain and the insurance company dig their heels in. Where do people go then? | 0:25:56 | 0:26:00 | |
If you're not happy with the insurance company, | 0:26:00 | 0:26:02 | |
the first thing to do is go to the insurance company and try and pursue it with them. | 0:26:02 | 0:26:06 | |
If you're still not happy with what they're coming back with then | 0:26:06 | 0:26:10 | |
the Financial Ombudsman is the place to go | 0:26:10 | 0:26:13 | |
and they will look at your case, evaluate both sides of it - | 0:26:13 | 0:26:17 | |
both yours and the insurer's - and come back with a decision. | 0:26:17 | 0:26:19 | |
If there's a claim going through, | 0:26:19 | 0:26:21 | |
are you within your rights to say to your insurance company, | 0:26:21 | 0:26:24 | |
I'd rather have the cash and get it sorted out myself? | 0:26:24 | 0:26:26 | |
You might decide that you'd rather have the cash | 0:26:26 | 0:26:29 | |
from the insurance company and you can ask for it and they | 0:26:29 | 0:26:31 | |
probably would be quite happy to pay you out, but you've got to bear in | 0:26:31 | 0:26:35 | |
mind that you would then have less protection in terms of if that work | 0:26:35 | 0:26:38 | |
was not done to your satisfaction, it's going to be your responsibility | 0:26:38 | 0:26:43 | |
to deal with the repairer and make them come back and fix the problem. | 0:26:43 | 0:26:46 | |
You'd end up signing your rights away, wouldn't you? | 0:26:46 | 0:26:49 | |
Ultimately, yes. | 0:26:49 | 0:26:50 | |
Ultimately you may take the money, then find out the repairer | 0:26:50 | 0:26:54 | |
doesn't do a good job and you've got the problem of dealing with that. | 0:26:54 | 0:26:58 | |
So, according to Simon, the safest option is to | 0:26:58 | 0:27:00 | |
get your insurance company to employ the builders. | 0:27:00 | 0:27:04 | |
I'm now going to put in a call to NatWest to see if | 0:27:04 | 0:27:07 | |
A) they agree the remedial works need to be carried out and, | 0:27:07 | 0:27:10 | |
B) they're willing to pay for another building company to do the work. | 0:27:10 | 0:27:15 | |
Media relations. | 0:27:17 | 0:27:18 | |
-Oh, hi, Lisa, it's Dominic Littlewood from Don't Get Done Get Dom. -Oh, hello. | 0:27:18 | 0:27:22 | |
Lisa has seen my e-mail, so is fully up to speed with the case. | 0:27:22 | 0:27:26 | |
Well, obviously what I want to do is get the ball | 0:27:26 | 0:27:28 | |
rolling as far as I'm concerned with... The lady's called Roslynne, | 0:27:28 | 0:27:32 | |
she doesn't mind being called Ros, of course. | 0:27:32 | 0:27:34 | |
She's asked us to step in and try and bring this problem to an end. | 0:27:34 | 0:27:38 | |
Obviously you're aware of it, aren't you, | 0:27:38 | 0:27:40 | |
-because it's been ongoing for a while now? -Yes. | 0:27:40 | 0:27:44 | |
I wonder if you can give me your take from NatWest's side of things? | 0:27:44 | 0:27:48 | |
OK, my knowledge of the current situation is that we have to | 0:27:49 | 0:27:53 | |
let the customer know that we will cover the contents costs, | 0:27:53 | 0:27:57 | |
those costs can be met. | 0:27:57 | 0:28:00 | |
'Well, that's a step in the right direction. | 0:28:00 | 0:28:02 | |
'NatWest will reimburse Ros for her ruined wardrobes, | 0:28:02 | 0:28:05 | |
'so that's one box ticked. | 0:28:05 | 0:28:07 | |
'But are they prepared to allow another builder to rectify | 0:28:07 | 0:28:09 | |
'the work that's already been carried out?' | 0:28:09 | 0:28:12 | |
What happened is the NatWest Insurance recommended a contractor | 0:28:12 | 0:28:18 | |
and because of the recommendation, they did the work. | 0:28:18 | 0:28:21 | |
Now according to Ros, she believes the work is very substandard | 0:28:21 | 0:28:26 | |
and subsequently there's lots more problems been caused by the work, | 0:28:26 | 0:28:31 | |
hence the reason she got in an independent surveyor to do a report. | 0:28:31 | 0:28:34 | |
Now the big problem we have here is that Ros doesn't want them | 0:28:34 | 0:28:38 | |
stepping back onto her property. | 0:28:38 | 0:28:39 | |
-Right. -Now what Ros ideally wants, | 0:28:39 | 0:28:41 | |
she's not somebody who's after a big pay-out and wants a big cheque, | 0:28:41 | 0:28:45 | |
she wants another contractor building firm to come round | 0:28:45 | 0:28:49 | |
and put right everything that, in her words, the builders haven't done correctly. | 0:28:49 | 0:28:55 | |
OK, I completely understand and appreciate that. | 0:28:55 | 0:28:58 | |
Obviously the contractors are willing to repair the damage | 0:28:58 | 0:29:03 | |
because they were involved from the beginning, but if that's not | 0:29:03 | 0:29:06 | |
going to work I am taking that back as something to look at. | 0:29:06 | 0:29:09 | |
Do you have all of these points in writing? | 0:29:09 | 0:29:12 | |
Anything that you can send over to me that I can go through | 0:29:12 | 0:29:15 | |
as a check list and make sure that I'm covering every single bit. | 0:29:15 | 0:29:18 | |
Smashing. I will get an e-mail over to you. | 0:29:18 | 0:29:20 | |
It does sound like we're starting to get somewhere and we can try | 0:29:20 | 0:29:24 | |
-and get this sorted out for her. -Absolutely. | 0:29:24 | 0:29:26 | |
Lisa, in the meantime, it's been lovely talking to you, I do | 0:29:26 | 0:29:29 | |
like it when I speak to somebody who seems very efficient at sorting | 0:29:29 | 0:29:32 | |
out problems, so let's hope. | 0:29:32 | 0:29:34 | |
Well, I certainly wish to try to bring | 0:29:34 | 0:29:36 | |
things to a close, obviously this has been distressing for her. | 0:29:36 | 0:29:40 | |
Brilliant, I look forward to hearing from you, Lisa. | 0:29:40 | 0:29:43 | |
-Thank you, good to speak to you. -Bye-bye. | 0:29:43 | 0:29:45 | |
I do like it when I speak to professional people | 0:29:47 | 0:29:49 | |
who are courteous, they take everything on board. | 0:29:49 | 0:29:51 | |
She didn't guarantee anything at this point. | 0:29:51 | 0:29:53 | |
But she did ask me to send over a list of the issues | 0:29:53 | 0:29:56 | |
highlighted by our independent surveyor and she did say | 0:29:56 | 0:29:59 | |
she would look into the possibility | 0:29:59 | 0:30:01 | |
of using an alternative building firm to rectify these issues. | 0:30:01 | 0:30:05 | |
I'd say things are looking quite hopeful. | 0:30:05 | 0:30:07 | |
Even if you've read it front to back, | 0:30:16 | 0:30:18 | |
from A to Z and know your consumer rights like the back | 0:30:18 | 0:30:21 | |
of your hand, it doesn't always mean that things are going to | 0:30:21 | 0:30:24 | |
go your way. But of course there is another option... | 0:30:24 | 0:30:28 | |
Where a consumer has exhausted all reasonable lines of complaint | 0:30:28 | 0:30:34 | |
with the trader and there's no trade association, | 0:30:34 | 0:30:37 | |
there's no other possible recourse to mediation, it may be | 0:30:37 | 0:30:43 | |
the consumer has to go to the County Court to resolve the matter. | 0:30:43 | 0:30:47 | |
But if you decide to go down the court route, | 0:30:47 | 0:30:50 | |
there are certain things you need to know. | 0:30:50 | 0:30:52 | |
Like how to start the process. | 0:30:52 | 0:30:54 | |
The small claims process can be online. | 0:30:54 | 0:30:58 | |
You can actually do the whole process without actually | 0:30:58 | 0:31:01 | |
physically going to court. | 0:31:01 | 0:31:04 | |
The small claims procedure would suggest that before you | 0:31:04 | 0:31:08 | |
actually go through that process you should seek mediation. | 0:31:08 | 0:31:13 | |
Mediation is when an impartial person | 0:31:13 | 0:31:15 | |
helps two sides work out an agreement. | 0:31:15 | 0:31:18 | |
It's viewed favourably by courts and the government, who see it | 0:31:18 | 0:31:22 | |
as a potentially quicker and cheaper alternative to going to court. | 0:31:22 | 0:31:26 | |
But if mediation fails and you do end up going down the court route, | 0:31:26 | 0:31:30 | |
how easy is it to get the court to accept your version of events? | 0:31:30 | 0:31:34 | |
A consumer must prove their case, as a lawyer would say, | 0:31:34 | 0:31:37 | |
on the balance of probabilities. | 0:31:37 | 0:31:40 | |
If they go to a small claims court, | 0:31:40 | 0:31:42 | |
they've got to show that it's more probable than not what they're | 0:31:42 | 0:31:46 | |
asserting, what they're complaining about - the goods were faulty, | 0:31:46 | 0:31:50 | |
they weren't fit for the purpose or they were not as described. | 0:31:50 | 0:31:54 | |
This is a lower standard of proof than in the criminal courts. | 0:31:54 | 0:31:57 | |
It's also a good idea to keep clear records of your complaint | 0:31:57 | 0:32:00 | |
with the company. | 0:32:00 | 0:32:03 | |
Consumers shouldn't go to extreme lengths to keep | 0:32:03 | 0:32:06 | |
records on products that they're buying, but as soon as a problem | 0:32:06 | 0:32:10 | |
arises they should start keeping notes of contact with the trader. | 0:32:10 | 0:32:14 | |
If it's a persistent problem with electrical goods for example, make | 0:32:14 | 0:32:19 | |
a note of what happens and when it happens and what's the extent of it. | 0:32:19 | 0:32:23 | |
Sound advice and worth remembering, especially for some of you | 0:32:23 | 0:32:27 | |
who have contacted me about your consumer battles. | 0:32:27 | 0:32:30 | |
A couple bought a television in March this year for their son. | 0:32:30 | 0:32:34 | |
They kept it in the box in their house for two months | 0:32:34 | 0:32:37 | |
until he moved in. When he opened it the screen was damaged. | 0:32:37 | 0:32:42 | |
The store says it is down to the couple, they say it was broken | 0:32:42 | 0:32:45 | |
when it was delivered. So where does the burden of proof lie? | 0:32:45 | 0:32:50 | |
In a case where the consumer says one thing and the trader says | 0:32:50 | 0:32:54 | |
another, it is often very difficult to prove which person is right. | 0:32:54 | 0:33:00 | |
In those circumstances I have to say, was it reasonable to | 0:33:00 | 0:33:04 | |
leave the item in a box for a period of two months without examining it? | 0:33:04 | 0:33:09 | |
Fair enough. So what about this lady? | 0:33:09 | 0:33:12 | |
She ordered a £300 Christmas hamper from a large online store. | 0:33:12 | 0:33:17 | |
She received e-mail confirmation that it was en route, | 0:33:17 | 0:33:19 | |
but it never arrived. | 0:33:19 | 0:33:21 | |
The online retailer maintains she must have received it. | 0:33:21 | 0:33:24 | |
She's refusing to pay | 0:33:24 | 0:33:25 | |
and the company is adding on the interest. She feels it's | 0:33:25 | 0:33:28 | |
time to go down the court route, but what are her chances of winning? | 0:33:28 | 0:33:32 | |
Consumers shouldn't be asked to pay for goods they've not | 0:33:32 | 0:33:36 | |
received, that's sort of very basic. | 0:33:36 | 0:33:39 | |
However, it's difficult sometimes for a consumer to prove that they | 0:33:39 | 0:33:42 | |
haven't received the goods. | 0:33:42 | 0:33:44 | |
In most instances a reputable retailer would accept what a consumer | 0:33:44 | 0:33:49 | |
has to say, but in the sort of circumstances of Christmas | 0:33:49 | 0:33:52 | |
hampers not arriving it may be advisable for the consumer to | 0:33:52 | 0:33:56 | |
draw this to the attention of their local trading standards association. | 0:33:56 | 0:34:01 | |
It may not be an isolated occurrence, | 0:34:01 | 0:34:04 | |
it may be a wider problem affecting a lot of consumers. | 0:34:04 | 0:34:08 | |
That may give them support for their own civil claim. | 0:34:08 | 0:34:11 | |
That's a very good point, always worth trying to find out | 0:34:13 | 0:34:15 | |
if others have had a similar complaint against the same | 0:34:15 | 0:34:18 | |
company. But before we all rush off and file a claim in the courts, | 0:34:18 | 0:34:21 | |
there are some things we should bear in mind. | 0:34:21 | 0:34:25 | |
In certain circumstances it would be strongly advisable to get | 0:34:25 | 0:34:29 | |
legal advice before embarking on what could be an expensive | 0:34:29 | 0:34:34 | |
exercise of going to court. | 0:34:34 | 0:34:36 | |
But ultimately it may be the only method of obtaining compensation. | 0:34:36 | 0:34:41 | |
They should consider the cost of the item, | 0:34:41 | 0:34:44 | |
how much it's going to cost them to pursue it | 0:34:44 | 0:34:47 | |
and they should take into account that they may not be successful. | 0:34:47 | 0:34:51 | |
And even if they are successful it may need an enforcement order | 0:34:51 | 0:34:55 | |
to get the money out of the trader. | 0:34:55 | 0:34:57 | |
Remember, think carefully, get your facts in order | 0:34:57 | 0:35:01 | |
and be prepared to stand up for what you think is fair. | 0:35:01 | 0:35:04 | |
So you don't have to be a consumer king to win, but | 0:35:04 | 0:35:06 | |
if you think you're right, put up a fight. | 0:35:06 | 0:35:10 | |
I'm on the case for Ros Rogers, | 0:35:17 | 0:35:19 | |
who had to claim on her home insurance after her house was | 0:35:19 | 0:35:22 | |
flooded by her next door neighbour's drainage system. | 0:35:22 | 0:35:25 | |
After two years of waiting for her neighbours to | 0:35:25 | 0:35:27 | |
rectify their problems, Ros's house was finally put right. | 0:35:27 | 0:35:31 | |
But within months the damp had returned and Ros started to | 0:35:31 | 0:35:35 | |
notice that some of the building work was not up to scratch. | 0:35:35 | 0:35:38 | |
It's very frustrating and it's heartbreaking. | 0:35:38 | 0:35:43 | |
This is our home, this is what we waited for three years to come | 0:35:43 | 0:35:46 | |
back to and still it's not right. | 0:35:46 | 0:35:49 | |
Ros employed an independent surveyor to identify all the issues that | 0:35:49 | 0:35:53 | |
need to be rectified and I've sent a list of those issues to NatWest. | 0:35:53 | 0:35:58 | |
I've also asked them if they're willing to pay for a different | 0:35:58 | 0:36:01 | |
building firm to carry out the work. | 0:36:01 | 0:36:03 | |
And I'm about to call them to see if they've made a decision. | 0:36:03 | 0:36:06 | |
I'm at a stage where I feel like I'm really about to nail home | 0:36:06 | 0:36:10 | |
this case with NatWest. | 0:36:10 | 0:36:12 | |
So I'm going to ring up their rather charming lady that | 0:36:12 | 0:36:15 | |
I spoke to a little while ago, Lisa, | 0:36:15 | 0:36:18 | |
and see if I can just cross the Ts and dot the Is. | 0:36:18 | 0:36:21 | |
Media relations, Lisa speaking. | 0:36:27 | 0:36:30 | |
Hello, Lisa, it's Dominic from the BBC, good afternoon. | 0:36:30 | 0:36:32 | |
-Hello, hi, how are you? -I'm all right, thank you. How are you? | 0:36:32 | 0:36:35 | |
-Good, not too bad, thank you. -Where are you with Roslynne, then? | 0:36:35 | 0:36:39 | |
So we're able to meet all of Mrs Roger's requests in terms of the remedial work required. | 0:36:39 | 0:36:44 | |
Brilliant. | 0:36:44 | 0:36:46 | |
We can arrange another builder and the costs will be covered | 0:36:46 | 0:36:49 | |
and either it can be one that Roslynne would like to appoint | 0:36:49 | 0:36:55 | |
or we can appoint another for her, whichever is her preference. | 0:36:55 | 0:36:58 | |
Right, obviously to put it into layman's terms a little bit, if you | 0:36:58 | 0:37:01 | |
guys recommended a builder and the work was substandard, then she can | 0:37:01 | 0:37:04 | |
go back to you and complain about it, and you probably appreciate | 0:37:04 | 0:37:07 | |
that. She'll be quite happy to choose her own builder | 0:37:07 | 0:37:10 | |
but we want to make sure she has the same level of cover | 0:37:10 | 0:37:12 | |
and protection if, hopefully it's an unlikely event, | 0:37:12 | 0:37:16 | |
but if that work turns out to be substandard some time in the future. | 0:37:16 | 0:37:20 | |
OK. I see what you're saying, I will check. OK? | 0:37:20 | 0:37:23 | |
So NatWest has taken on board all the issues the independent surveyor | 0:37:26 | 0:37:29 | |
picked up on and does appear keen to rectify matters for Ros. | 0:37:29 | 0:37:33 | |
It has also agreed to award her £1,229 | 0:37:33 | 0:37:36 | |
to pay for replacement wardrobes. | 0:37:36 | 0:37:39 | |
But there is one thing it doesn't agree with | 0:37:39 | 0:37:41 | |
and that's the suggestion that the builders failed to allow | 0:37:41 | 0:37:44 | |
sufficient time for the building to dry out before starting work. | 0:37:44 | 0:37:48 | |
'I have been told that before the contractors | 0:37:48 | 0:37:51 | |
'started the work on the property, it was passed as dry | 0:37:51 | 0:37:55 | |
'and a drying certificate was issued so it would appear that the | 0:37:55 | 0:37:58 | |
'damp issue is separate to the problem with the drains.' | 0:37:58 | 0:38:02 | |
NatWest says it has examined the property externally | 0:38:02 | 0:38:04 | |
and identified a possible alternative cause of the damp, | 0:38:04 | 0:38:08 | |
but it needs to conduct an internal survey to confirm its suspicions. | 0:38:08 | 0:38:12 | |
OK. | 0:38:12 | 0:38:13 | |
I'll contact Ros and ask her to try and arrange a time to let you guys | 0:38:13 | 0:38:17 | |
have access and then hopefully we'll be able to get it all sorted out. | 0:38:17 | 0:38:20 | |
So we've certainly leapt forward in everything at the moment, haven't we? | 0:38:20 | 0:38:24 | |
Yeah, we're cooking by gas, | 0:38:24 | 0:38:26 | |
so hopefully once we get those wee bits sorted we can move on | 0:38:26 | 0:38:29 | |
and of course the next step will be arranging access for the other | 0:38:29 | 0:38:34 | |
contractor but hopefully that should happen quite quickly. | 0:38:34 | 0:38:37 | |
Smashing. Lisa, as always you've been lovely. | 0:38:37 | 0:38:40 | |
-Thank you, good to speak. -Bye-bye. | 0:38:40 | 0:38:44 | |
You know, half the battle nowadays is getting somebody on the phone | 0:38:44 | 0:38:48 | |
to deal with you in a nice, polite and civil manner. | 0:38:48 | 0:38:52 | |
Lisa the lady from NatWest did that. | 0:38:52 | 0:38:54 | |
I would find it very hard to get angry with her. | 0:38:54 | 0:38:57 | |
But anyhow I don't need to, | 0:38:57 | 0:39:00 | |
because it looks like now we're finally going to get | 0:39:00 | 0:39:02 | |
the resolution that Ros needs and has been waiting donkey's years for. | 0:39:02 | 0:39:05 | |
All that remains now is for me to go and see Ros to break the good news. | 0:39:05 | 0:39:10 | |
I get the impression from Ros that she thought NatWest had gone | 0:39:11 | 0:39:15 | |
west, but I'm about to meet her now and hopefully put her mind at rest. | 0:39:15 | 0:39:19 | |
Look at that! I'm a poet and didn't know it. | 0:39:19 | 0:39:22 | |
Ros. hello there, nice to meet you. | 0:39:22 | 0:39:24 | |
And you got me a cup of tea in, you're my favourite. | 0:39:24 | 0:39:27 | |
-I've never had that before, you know. -Well, there's always a first time. | 0:39:27 | 0:39:30 | |
Right, let's get down to the reason why we're here, your problem. | 0:39:30 | 0:39:34 | |
It started a long time ago, didn't it? | 0:39:34 | 0:39:37 | |
It did, it started the beginning of 2010. | 0:39:37 | 0:39:39 | |
Right, so we're talking about four years ago. | 0:39:39 | 0:39:41 | |
Well, Lisa at NatWest has confirmed to me now that you are able | 0:39:41 | 0:39:46 | |
to have a different builder round to rectify and put right all the works. | 0:39:46 | 0:39:50 | |
Right. | 0:39:50 | 0:39:53 | |
Now you are within your rights | 0:39:53 | 0:39:55 | |
if you want to employ your own builder or they will send you | 0:39:55 | 0:39:57 | |
a list of other approved builders, people that they've used before, | 0:39:57 | 0:40:00 | |
they're aware of their work and they know that it's going to be OK. | 0:40:00 | 0:40:04 | |
We're going to leave that decision down to you, | 0:40:04 | 0:40:07 | |
but certainly they're ready to move like tomorrow. | 0:40:07 | 0:40:11 | |
-They want to get this sorted out. -Fantastic, at last. | 0:40:11 | 0:40:14 | |
Now, one of the things which she did tell me about which is quite | 0:40:14 | 0:40:19 | |
interesting is they think they now know where this water leak is coming | 0:40:19 | 0:40:23 | |
from, but they've only inspected it from the outside and what she needs | 0:40:23 | 0:40:27 | |
to do is gain access from you to the inside just to make sure 100% that's | 0:40:27 | 0:40:31 | |
where it's coming from. | 0:40:31 | 0:40:32 | |
And I'd very much doubt you're going to get a wrong | 0:40:32 | 0:40:36 | |
diagnosis at this point, I think they're going to be very thorough. | 0:40:36 | 0:40:39 | |
I also let Ros know that NatWest has agreed to make a payment to | 0:40:39 | 0:40:43 | |
her of £1,229 to cover replacement wardrobes | 0:40:43 | 0:40:46 | |
and that it has apologised to her for not making this payment sooner. | 0:40:46 | 0:40:50 | |
What you've done by bringing this to my attention is brilliant. | 0:40:52 | 0:40:55 | |
We're sorting it out for you, We're 99% there, I hope next time | 0:40:55 | 0:40:58 | |
we speak, the cheques are in the post, the builders are working | 0:40:58 | 0:41:02 | |
round your house and your problems will soon be a distant memory. | 0:41:02 | 0:41:05 | |
-I hope so. -How are you feeling right now? | 0:41:05 | 0:41:08 | |
-I'm absolutely over the moon. -You do look relieved. | 0:41:08 | 0:41:11 | |
Yeah, I really am, at long last there's some hope, | 0:41:11 | 0:41:15 | |
there's some light at the end of the tunnel. | 0:41:15 | 0:41:17 | |
It's a chapter I can now close | 0:41:17 | 0:41:19 | |
and move on to the next phase of my life. | 0:41:19 | 0:41:22 | |
So hopefully next time we speak that's it, a distant memory. | 0:41:22 | 0:41:26 | |
-Absolutely, and I can't wait. -Good luck to you. -Thank you. | 0:41:26 | 0:41:29 | |
-Can I buy you a latte? -You most definitely can. | 0:41:29 | 0:41:31 | |
Come on, then. | 0:41:31 | 0:41:33 | |
NatWest have finally given Ros the resolution she's been | 0:41:37 | 0:41:40 | |
waiting for so long. | 0:41:40 | 0:41:42 | |
And they've sent us the following statement. | 0:41:42 | 0:41:45 | |
The most important thing here though is that my job is finally done | 0:42:06 | 0:42:10 | |
and, after four years of frustration and heartache, Ros can at last | 0:42:10 | 0:42:14 | |
move on with her life and enjoy some quality time with her family. | 0:42:14 | 0:42:18 | |
I'm really looking forward to it, it's been so long | 0:42:18 | 0:42:22 | |
waiting for it all to take shape, to feel like a home again, to look in | 0:42:22 | 0:42:28 | |
places and not see these damp areas all the time or all the problems. | 0:42:28 | 0:42:32 | |
It'll just be so nice to come home, close the door | 0:42:32 | 0:42:35 | |
and make it feel like home again. | 0:42:35 | 0:42:37 | |
Ros has decided to pick a builder from the list that NatWest | 0:42:37 | 0:42:41 | |
will send her, so that she's covered if - heaven forbid - things | 0:42:41 | 0:42:44 | |
go wrong again and she plans to gets things moving as soon as possible. | 0:42:44 | 0:42:47 | |
Good on you, Ros. | 0:42:47 | 0:42:49 | |
I'm going to get on it straightaway, I'm going to contact the chartered | 0:42:49 | 0:42:52 | |
surveyor, arrange a date for him to go over, go through the place from | 0:42:52 | 0:42:56 | |
top to bottom, get a work schedule in place and it's just a relief | 0:42:56 | 0:43:01 | |
knowing that somebody is out there ready to help and to move forward | 0:43:01 | 0:43:07 | |
and I'm really excited about seeing the final picture, I really am. | 0:43:07 | 0:43:11 |