Episode 20 Rip Off Britain


Episode 20

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Transcript


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We ask you to tell us who's left you feeling ripped off.

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I think this is very, very, very wrong, for what they've done.

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The bank piles charges upon charges, upon charges, upon charges...

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Legally it was right, morally...

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that's where the question and doubt comes in my view.

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And you contacted us in your thousands,

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by post, e-mail,

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even stopping us in the streets.

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And the message couldn't be clearer...

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You don't always get a straight answer. They try and fob you off.

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Not happy at all.

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There's always that very small print with a clause

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you didn't realise.

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We're being ripped off big-time.

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'Whether it's a deliberate rip-off,

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'a simple mistake, or a catch in the small print,

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'we'll find out why you're out of pocket, and indeed,

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'what you can do about it.'

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Keep asking the questions, keep... go to the top if you have to.

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We do get results, I mean, that's the interesting thing.

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'Your stories, your money.

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'This is Rip-Off Britain.'

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Hello and welcome to Rip-Off Britain,

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the series in which we

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work tirelessly to assist you,

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the consumer, to get a fair deal

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and we hope we're able to help you avoid being ripped-off, don't we?

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Absolutely! You've been sending letters and e-mails asking for help,

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and we've also been out and about to hear from you,

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face-to-face.

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You know, one topic that comes up time and time again,

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is when you feel that paperwork, you know, contracts, bills and so on,

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are not fully explained, leaving you feeling most confused.

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Now, in turn, this can often lead you into making bad decisions,

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and above all, costing you money.

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Also coming up on today's show,

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this man spent nearly £6000 on hearing aids

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that he says he can barely use.

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Could he have got a better one free?

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I thought, tops, it would be 2,000,

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instead of which it was nearly six!

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And more from the Rip-Off Britain pop-up shop.

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Now, making sure that you get a good deal on every purchase you make,

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is pretty tricky.

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You may have been tempted by what seemed, at the time,

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like a really good offer,

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or even persuaded by a convincing sales pitch,

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but either way, it's sometimes not until much later,

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that you find out the deal you ended up with,

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is nowhere near as good as you first thought.

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Which is exactly what happened to our next viewer.

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A peaceful retirement on the Kent coast.

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That's what Sally Croft had in mind,

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when along with her husband Neil,

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she moved here to the Isle of Sheppey.

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We bought into the site in 2004.

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We saw an advert in the paper which looked very appealing.

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Retirement homes etc, new buildings going to be built,

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it was to your specifications,

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two-bedroom, three-bedroom, four-bedroom.

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It all sounded absolutely wonderful.

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So wonderful that the Crofts spent £100,000

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on this four-bedroom bungalow,

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part of the Saddlebrook Park complex in Leysdown-On-Sea.

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We was assured that we didn't need a solicitor

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to buy on here,

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the site would do everything for us, everything, so we didn't

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need the expense of a solicitor,

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because it was private ground and they was building all these

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residential homes, they was going to do everything for us.

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But not taking advice

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is a decision they now regret,

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because things weren't as straightforward as first seemed.

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It turned out they'd bought a home they weren't allowed

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to live in, all year round.

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That's because, according to local planning regulations,

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Saddlebrook Park is classified as non-residential.

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It's regarded as holiday accommodation,

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so the properties can only be occupied

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for eight months of the year.

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But the Crofts bought their bungalow

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on the understanding that plans

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to develop the park, would change all that.

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And they say the site's previous owners

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assured them that everything was being sorted with the council.

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They sold us a residential retirement home.

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All the plans had been put in to the council for extended,

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because originally it was a holiday park, originally...

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erm...all the plans had gone in for residential,

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so we could live in here for 12 months of the year.

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But according to Swale Borough Council,

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no such plans were ever submitted,

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so every year, as the end of October approaches,

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the Crofts face the same fear.

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The four months during the course of the winter is a very worrying time

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and we're always faced with the fact we could pull into the gates

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one day and they'd be closed and we'd not be able to get in.

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We so look forward to 1 March

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when we're officially legal again.

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Sally and Neil have lived with this crippling uncertainty

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for six years, and for some of their neighbours, it's been even longer.

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I paid 10,000 extra to be beside a lake.

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Sandra Anderson moved in eight years ago,

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days before the winter started,

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although at the time,

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she had no idea that winter was even an issue.

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We came down here in October 27, 2003,

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and I was not given any form of paperwork

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until July of 2004.

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My understanding of the whole thing was that we were sold

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a residential park,

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you know, that was for the 12 months, this was our home.

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Sandra is keen to sell up and move on,

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but even if she could find a buyer,

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she'd be unlikely to get anything like

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the £120,000 she originally paid.

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I would say, at the moment,

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I might struggle

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at getting 60,

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if that.

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We've done a lot in here, because this is our home,

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and this is where we live.

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We love our home

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and we love this little bit round it,

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but we actually hate the park,

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and we haven't got a lot of feelings

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for the people who did it to us, either.

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Someone who's all too aware of the problems these residents face,

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is local MP Gordon Henderson.

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There are a number of people

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who have bought holiday homes

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on Sheppey, who did so, believing they were entitled

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to all year round occupation,

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only to discover at a later date,

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actually they had to get out after eight months.

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My very strong advice is, first of all,

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before parting with a penny of their money,

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they should take legal advice and make sure they see

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a copy of the contract before they actually go out

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and buy anything.

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So why were these homes sold to people

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who wanted to live there all year round?

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We asked Saddlebrook Park's former owners Warden Bay Leisure,

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who ran the site when the Crofts and Sandra bought properties.

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They didn't want to comment,

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but claimed that everyone saw leases before they moved in,

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which of course,

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is not what the residents have told us.

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Saddlebrook Park has since been taken over by a different company,

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who told us that they'd like residents to be able to

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live there full-time, but this would require a special licence.

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They've told us they are discussing it with the Council.

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But, for now,

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many residents are well and truly stuck,

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desperate to leave, but unable to afford a huge

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drop in the price of their properties if they were to sell now.

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Six of us has have put in

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for residency with the council ourselves, so we're

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just keeping our fingers crossed that something will come of that.

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So hopefully, at the end of the day,

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we will finally get residency

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that we can sleep at night, in our beds, properly,

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through the winter.

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Big companies don't always make things easy to understand

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and it can be confusing trying

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to work out why you haven't ended up with what you expected.

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So if you feel bogged down

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and don't know exactly what to do, we have put together a booklet

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of tips and advice you can find the link to the free guide

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on our web-site: bbc.co.uk/rip off Britain.

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Or if you want to receive a copy in the post

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send an A5 self-addressed envelope

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to the address we give you right at the end of the programme.

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Next: No one wants to hand over hard-earned cash

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for something you can actually get for free.

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But that is exactly what's been happening

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with the sale of hearing aids,

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according to an investigation by Which? magazine

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and the Royal National Institute for the Deaf,

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which is the UK's largest charity

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for people with hearing loss and deafness.

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Which? revealed that shops can often charge massive amounts

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for products that are actually

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available free on the NHS

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and that report backs up what happened to Norman Squire.

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He contacted us at Rip Off Britain

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after being sold a hearing aid that ended up costing nearly £6,000.

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Norman Squire's hearing had served him pretty well until 2010,

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when, aged 92, he noticed that he was starting to struggle a little.

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I keep asking people to repeat things.

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Somebody's got something to tell you and there's a punchline

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and you miss that, so you say, "Beg your pardon?"

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So they keep telling me I need a hearing aid.

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Norman's friend, Chris, was surprised his hearing was failing.

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I've never had trouble having a conversation with him.

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I think I've got the advantage

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of having worked with the deaf, that I'm used to speaking clearly,

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which is a benefit to Norman.

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Though his problems seemed slight, Norman was pleased when one day a leaflet came through his door

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from a chain of shops selling hearing aids, called Hidden Hearing.

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They had a local branch, so he popped along to see what they would advise.

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They offered me a hearing aid to try and put in me ear

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and it was like a big marble.

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So he said, "All right, try this one."

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And he fits this one in.

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And there was nothing else, nothing else was forthcoming.

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So I don't know if they make anything else.

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Norman agreed to buy two gadgets there and then,

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but was surprised to find how much it cost.

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I did have a friend who said they'd paid £2,000.

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So I thought at tops it would be 2,000.

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Instead of which it was nearly six.

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Norman didn't have £6,000, but he was able to spread out the cost

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with a finance agreement

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that the shop arranged for him.

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The name Hidden Hearing does suggest the shop specialises

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in discreet devices.

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Norman says he wasn't particularly concerned with how his looked,

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so long as it worked.

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But the small size of the aids immediately became an issue for him.

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Well the main problem I suppose

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is that it's a fiddling little thing to mess about with.

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-I can get them in.

-It takes a long time, doesn't it?

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I think the aid and its fittings are too small for Norman,

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because his hands are big and he has arthritis.

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After months of practice, Norman began to find it easier

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to put the hearing aid in,

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but as far as he was concerned, there was another problem.

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Well on two or three occasions that little piece on the end

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that goes right down into your ear,

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it just didn't come out with the res of it when you took them off.

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It was starting to look like Norman had spent £6,000 on hearing aids

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that were not necessarily the most

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suitable for him and it's money he may have needed to spend,

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because the NHS can give similar aids for free.

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Norman hadn't known that

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and Hidden Hearing certainly didn't tell him.

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So would he have been eligible?

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We have arranged for audiologist Crystal Rolfe to check.

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OK, Norman, I'm going to start off by having a look in your ears, OK?

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One of the most important things to check

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is whether that person will be able to fit it into their ear,

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what their dexterity of their hands is like,

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because hearing aids can be difficult to get in.

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What I'm just going to do is just press the button for me

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every time you hear a sound.

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Norman would certainly be eligible for an NHS hearing aid,

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based on the tests we did

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and talking to him about his dexterity in his fingers,

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I'd recommend the normal sized hearing aids behind his ear,

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maybe not one of the very small ones,

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just to make it easier for him to hold.

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And you can get a couple of different designs I've got here,

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on the NHS that would be suitable for you.

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Whenever Norman has called into the shop and mentioned his concerns,

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the staff have offered to fit his hearing aids for him.

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But if he had to do that every time he has trouble,

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it would mean a special trip into town.

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We contacted Hidden Hearing on Norman's behalf.

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They insist his assessment met all required standards

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and good practice

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and the hearing aids he bought were believed appropriate.

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They say it would have been up to Norman's doctor

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to explain he was eligible for an NHS one.

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But in any way case, the particular model he got

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would not have been available that way

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and they claim they don't have any record of any complaint.

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Although Norman insists he has raised it with staff at the shop.

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Last year, Which? carried out an investigation

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into a variety of shops selling hearing aids.

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A third of the total number of stores they visited

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were considered to have poor clinical assessments.

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And one of the other high street chains

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even risked breaking the law,

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by giving misleading information about the NHS

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in order to promote their own products.

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Meanwhile Hidden Hearing say they're happy to discuss

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changing Norman's hearing aids for a different model,

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which could stop him worrying his expensive purchase

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will end up in the back of a drawer gathering dust.

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You lose confidence in them and don't bother to put them on,

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which is a blatant waste of money, isn't it?

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So for Norman it's been an expensive lesson

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and he certainly feels let down by Hidden Hearing

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and wishes he had never purchased his hearing aid from them at all.

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Next time he's going to go straight to the NHS.

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Well Angela King from Action Hearing Loss,

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has some advice on buying a hearing aid.

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And other issues to look out for.

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If you're having difficulty hearing,

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there is one thing you can do straightaway without any fuss,

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and that is take the Action On Hearing Loss hearing check

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and you can find details on our web-site.

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If you need full hearing tests

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to find out what the problem is, you have got two options.

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You can either get your GP to arrange for you

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to have those tests through the NHS.

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Or you can go privately to a high street hearing aid dispenser.

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If you're buying privately, make sure you can have a money back guarantee.

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That means that you will have at least 28 days

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to try out your hearing aids

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and you can return them within that time if they're really not suitable.

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Or it may be possible for them to be adjusted to suit you better.

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Be wary of advertising claims,

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because no hearing aid, however clever the technology,

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can actually restore perfect hearing.

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If you're thinking of getting your hearing aids through the NHS,

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the waiting times are now quite short

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between GP referral and actually having your hearing aids.

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And they're of really good quality

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and will make a real difference to your daily life.

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Still to come on Rip Off Britain:

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We asked you to tell us about the rip offs that have affected you

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and your response was huge.

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Hundreds of you took the time to visit us at our pop up shop,

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where we heard even more stories

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about things which don't seem to have been properly explained.

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At this stage it is probably worth

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picking up with Trading Standards, Citizens' Advice Bureau,

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get them on board.

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Now for many of you, your house will be the most valuable asset

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to pass on to your children when you die.

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But an increasing number of us

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worry that as we get older, we may need to pay for some sort of care

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and selling our house might be the only way to cover the cost.

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So what if somebody told you

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that there was a way to safeguard some of the value of your house?

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Harold and Joan Torkington believed

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such a deal would give them peace of mind.

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Joan Torkington has been a member

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of the Hazelgrove Ladies Club for 50 years.

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Once a week she and her friends meet for a chat

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and to enjoy the guest speakers.

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In the spring of 2011, one such speaker

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was from a firm called National Legal Assistance.

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He explained to Joan and her friends

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that people with assets such as property or savings

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usually have to pay for any care needed in their old age.

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But if they signed up to something called a family property trust,

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it would mean their homes would be protected.

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I thought, well, this is right, if I'm taken into a home,

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they won't be able to take my house off me, and good idea.

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Joan hurried home to tell her husband, Harold.

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Both liked the sound of it, as they were keen to protect

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their home and savings for their children and grandchildren.

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We didn't wanted to be cheated out of our house.

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Other people who didn't have quite as much money

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were going to get paid for

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and we'd paid our taxes and dues

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over the years, and it didn't seem fair.

0:18:450:18:49

The Torkingtons asked a representative from the company

0:18:490:18:53

to visit to give them more information.

0:18:530:18:56

He said it puts a complete ring fence round everything you own.

0:18:560:19:02

And in effect it no longer belongs to you.

0:19:040:19:08

It belongs to the people in the will you're leaving all your estate to.

0:19:100:19:16

He said, although you can spend it, you can sell your house,

0:19:180:19:25

and change and get a smaller house, all we will do - that's them -

0:19:250:19:33

we'll put the smaller house into the ring fence

0:19:330:19:36

and that will be included.

0:19:360:19:38

Such trusts can be complicated,

0:19:400:19:42

so we asked solicitor, Gary Rycroft to explain exactly how they work.

0:19:420:19:47

A property trust is an arrangement

0:19:470:19:50

where the owners of a property transfer ownership from themselves

0:19:500:19:54

to a separate trust arrangement.

0:19:540:19:56

So they no longer own the property themselves.

0:19:560:19:58

It's useful if you're concerned about care home fees,

0:19:580:20:02

because you can transfer the ownership of the property you live in

0:20:020:20:05

into a separate trust arrangement.

0:20:050:20:07

This means that if you are assessed for the cost of care fees,

0:20:070:20:11

you don't have to declare ownership of the house that you're living in.

0:20:110:20:16

It all seemed to make sense to Joan and Harold

0:20:160:20:18

and they agreed to sign up.

0:20:180:20:20

He said the whole thing would take five or six weeks.

0:20:230:20:26

Obviously it would cost a bit.

0:20:260:20:29

But in our case when he totted it all up, he could do it for £2,395.

0:20:300:20:37

Initially I thought, "My God, you can get your will for £300."

0:20:400:20:47

But thinking about it, I thought, yeah, and we agreed.

0:20:470:20:51

But after sleeping on it and studying the paperwork further,

0:20:510:20:56

the Torkingtons started to have second thoughts.

0:20:560:21:00

They called their bank to put a stop to the cheque they had signed.

0:21:000:21:03

He says, "I'm sorry we can't cancel it, it's already been cashed."

0:21:040:21:09

And I said, "But that's silly, how can that possibly be?

0:21:100:21:16

It's usually three to five days before a cheque is honoured."

0:21:160:21:20

"Yes, well...

0:21:220:21:23

"they happen to use the same bank."

0:21:250:21:28

And they cashed it without question.

0:21:300:21:32

The Torkingtons then contacted National Legal Assistance directly.

0:21:320:21:37

Harold was told if he returned the cancellation form within seven days,

0:21:370:21:42

they would get their money back.

0:21:420:21:44

So he sent it by registered post and waited.

0:21:440:21:47

And waited.

0:21:490:21:51

Nothing happened.

0:21:510:21:52

So he got back in touch.

0:21:540:21:57

They'd received our cancellation,

0:21:570:21:59

but the computer in the accounts department had broken down

0:21:590:22:02

and they were running late and bear with them and all the rest of it.

0:22:020:22:07

The Torkingtons didn't know what to do next

0:22:070:22:10

and that is when they contacted Rip Off Britain.

0:22:100:22:13

We've discovered on average

0:22:130:22:15

you should expect to pay £500 for a property trust.

0:22:150:22:19

Far less than the £2,395 Harold and Joan had paid up.

0:22:190:22:25

If I'd known that in the first place,

0:22:290:22:31

or had any idea that was the going rate,

0:22:310:22:34

the fella wouldn't have had a chance.

0:22:340:22:36

I'd have reported him

0:22:370:22:39

as soon as he tried to sell me something for 2,395.

0:22:390:22:43

Not only that, but solicitor Gary Rycroft believes the couple

0:22:430:22:45

should never have been offered the trust in the first place.

0:22:450:22:50

The thing about property trusts

0:22:500:22:51

is it's better to do them sooner rather than later.

0:22:510:22:53

In this case, if the couple had gone into care

0:22:530:22:56

within six or 12 months of making the gift,

0:22:560:22:59

then there was a significant risk

0:22:590:23:02

the local would overturn the gift.

0:23:020:23:04

And in that case, the fees they had paid to set up the property trust

0:23:040:23:07

would have been wasted.

0:23:070:23:09

I think the point is that it is risky

0:23:100:23:12

and so if you're entering into this kind of arrangement,

0:23:120:23:15

the risk needs to be pointed out to you.

0:23:150:23:18

We contacted National Legal Assistance,

0:23:180:23:20

but have had no response from them.

0:23:200:23:23

Which perhaps isn't surprising.

0:23:230:23:26

It's part of a company that has been officially wound up

0:23:260:23:29

by the Insolvency Service

0:23:290:23:30

after concerns were raised about their sales techniques

0:23:300:23:34

and business conduct.

0:23:340:23:35

It's unclear where this leaves customers like Joan and Harold,

0:23:350:23:39

and there are lots of them.

0:23:390:23:41

It's known the companies closed down by the Insolvency Service

0:23:410:23:44

made more than £1 million in sales.

0:23:440:23:47

You can only put it down to experience,

0:23:500:23:52

but they're experiences that we don't need at our age.

0:23:520:23:56

And it's, you know, our time for...

0:23:580:24:02

-Wasted three month of our life really.

-Yeah!

0:24:040:24:08

Nothing's happened, only arguments.

0:24:080:24:12

The money doesn't really matter.

0:24:120:24:16

-We've written it off.

-It's the principle.

-It's the principle.

0:24:160:24:19

Opening up our very own pop-up shop on Rip Off Britain

0:24:230:24:26

has turned out to be a wonderful idea.

0:24:260:24:29

So many people have turned up.

0:24:290:24:31

We have all the experts and we're very happy to help.

0:24:310:24:33

It's been great to meet people face to face.

0:24:370:24:40

BBC Learning have been helping people improve their maths,

0:24:400:24:44

which should help avoid those rip offs.

0:24:440:24:46

And our experts have been pointing people in the right direction,

0:24:460:24:48

like John and Jane Lamb

0:24:480:24:49

who want advice on broadband from phone expert Mike Wilson

0:24:490:24:55

about an unwanted TV package.

0:24:550:24:57

So obviously you had your broadband and phone with this provider

0:24:570:25:01

and then just out of the blue they sent you this TV box to add on.

0:25:010:25:05

-Yeah.

-And then instantly started taking the direct debit as well?

-Yes.

0:25:050:25:08

Just extended it, didn't they?

0:25:080:25:09

They changed the amount you actually originally paid.

0:25:090:25:12

The box has been returned, I've sent to cancel the direct debit,

0:25:120:25:15

to stop them taking any more money off me.

0:25:150:25:17

Well that also meant cancelling me broadband as well.

0:25:170:25:20

It sounds like you have had a case on your hands

0:25:200:25:22

and what you can go back to them and say, "I've not had a contract."

0:25:220:25:25

"If you'd have sent me a contract..."

0:25:250:25:27

As a consumer you would have had 14 days to cancel at that stage.

0:25:270:25:30

That's not happened, so they've not given you that opportunity.

0:25:300:25:34

I'd say it is worth picking up with the likes of Trading Standards,

0:25:340:25:37

Citizen's Advice Bureau,

0:25:370:25:40

make sure you keep hold of all the documentation,

0:25:400:25:42

keep an account of everything you're paying and have done

0:25:420:25:45

since the issue arose in the first place.

0:25:450:25:47

Follow up with Trading Standards,

0:25:470:25:49

if you don't get any joy, you can escalate it

0:25:490:25:51

to two people within the communications industry.

0:25:510:25:54

You can go to a group called CISAS.org.uk.

0:25:540:25:56

And they are the Communications And Internet Service Authority.

0:25:560:26:01

You can also go to the ombudsman's service as well.

0:26:010:26:03

Without a shadow of a doubt you're in the right here.

0:26:030:26:05

Make sure you stand up for yourselves

0:26:050:26:07

and make sure they give you a full refund.

0:26:070:26:10

Remain persistent and get the money back you're owed.

0:26:100:26:13

Very good advice.

0:26:140:26:15

How to complain successfully has come up time and time again

0:26:150:26:19

in our pop-up shop

0:26:190:26:20

as our Rip Off researchers have been telling us.

0:26:200:26:23

What about the general sense that people, it's not that they don't know how to complain,

0:26:230:26:28

they do complain, but they never get any satisfaction -

0:26:280:26:31

has that been something that has come up?

0:26:310:26:34

Yes, a lot of people seem to think that it takes too long to complain.

0:26:340:26:37

You're having to complain over and over again

0:26:370:26:40

to different people every time you speak to a company.

0:26:400:26:43

I've spoken to a lot of people today who have found

0:26:430:26:46

that they do want to complain but they don't have the time to do it.

0:26:460:26:50

A lot of people coming in today

0:26:500:26:52

have exhausted every possible option

0:26:520:26:54

that they think is available to them

0:26:540:26:56

so speaking to our experts today

0:26:560:26:58

has really fired them up again to fight these big companies.

0:26:580:27:01

For more tips on how to fight back,

0:27:030:27:05

if you feel you've been ripped off, do visit our website at:

0:27:050:27:11

Next, a couple who did everything they could

0:27:160:27:19

to plan for their family's future but it still went completely wrong.

0:27:190:27:23

Roger and Francois wanted to leave their children

0:27:230:27:27

financially secure and avoid them being hit by inheritance tax.

0:27:270:27:30

So, they took advice on the best products available.

0:27:300:27:34

But 10 years later,

0:27:340:27:36

they were told the value of what they had bought

0:27:360:27:38

had plummeted and suddenly, it wasn't worth

0:27:380:27:41

anything like what they thought they had been guaranteed.

0:27:410:27:44

I think it's very important to prepare for the future.

0:27:480:27:52

One reads every day in the press about

0:27:520:27:55

the huge numbers of people who die without having a will

0:27:550:28:00

or having made plans for their children or grandchildren.

0:28:000:28:03

Like many parents, Roger Middleton and his wife Francois

0:28:030:28:06

planned to leave all their assets, mainly the house,

0:28:060:28:08

to their three children, divided equally between them.

0:28:080:28:12

When we took out the initial mortgage,

0:28:120:28:14

we had an insurance policy which was running in tandem with it.

0:28:140:28:19

And when the mortgage was cleared, we reviewed that.

0:28:190:28:23

They were worried about how their children would pay

0:28:250:28:27

any inheritance tax on their estate

0:28:270:28:29

so 12 years ago, they took out a whole of life insurance policy

0:28:290:28:33

with Scottish Provident.

0:28:330:28:34

It had a face value of £160,000

0:28:340:28:38

and would pay out when both the Middletons had died.

0:28:380:28:41

One wanted to make sure

0:28:420:28:45

that we were leaving financial matters as tidy as possible

0:28:450:28:48

and giving as much protection as possible to our children.

0:28:480:28:51

Though the premiums increased slightly each year

0:28:510:28:55

for the next 10 years, Roger and Francois knew this meant

0:28:550:28:58

the payout would keep pace with inflation

0:28:580:29:00

and hoped it would be a huge help to their children in the future.

0:29:000:29:04

We were feeling very good about it.

0:29:040:29:06

We continued to pay our premiums each year.

0:29:060:29:09

We eventually managed to get out of them

0:29:090:29:11

that at the current valuation,

0:29:110:29:14

it was worth 243,000 in round terms.

0:29:140:29:18

So, we felt pretty good about that.

0:29:180:29:21

But not long after that new valuation,

0:29:210:29:23

the couple were shocked

0:29:230:29:25

to find that following a review of their policy,

0:29:250:29:27

they were now faced with two options,

0:29:270:29:30

neither of which they liked.

0:29:300:29:32

Option one was to maintain the current value of the policy,

0:29:320:29:38

i.e. the original 160,000.

0:29:380:29:41

But for that, we would have now to pay something like £3,400 a year.

0:29:410:29:47

Not impressed at all.

0:29:470:29:49

Option two was to continue to pay what we were currently paying,

0:29:490:29:56

this year,

0:29:560:29:57

but the value would then fall to 38,000.

0:29:570:30:00

In other words, a quarter, approximately,

0:30:020:30:05

of the original face value,

0:30:050:30:07

i.e., the original 160,000.

0:30:070:30:09

So, we were not amused.

0:30:100:30:12

The brochure for the policy

0:30:140:30:16

does state that it would be reviewed after 10 years.

0:30:160:30:19

However, Roger and Francois maintain

0:30:190:30:21

they were never told the review could have such a dramatic result.

0:30:210:30:25

I think and the time, if one had known the sort of uplift

0:30:250:30:29

there was going to be, 10 years, 12 years on,

0:30:290:30:32

we would probably have not gone with that option.

0:30:320:30:35

Reviewable premiums on policies like these

0:30:350:30:39

is something the financial ombudsman service hears about a lot.

0:30:390:30:43

The consumer is saying that

0:30:430:30:45

if it was made clear to them at the start of the policy

0:30:450:30:48

that the premiums could increase substantially,

0:30:480:30:50

they'd have made a different decision about taking out the policy.

0:30:500:30:53

Sometimes, they are left in the position of deciding

0:30:530:30:56

whether they'll take a doubling of the premiums

0:30:560:30:59

or a big cut in the lump sum they can receive at the end.

0:30:590:31:02

This can be quite significant because if somebody

0:31:020:31:05

has been planning for the future,

0:31:050:31:06

and then learns the amount they can expect to pay out is much smaller,

0:31:060:31:10

they can be very disappointed.

0:31:100:31:12

Roger is amongst the people

0:31:120:31:13

who have taken their complaint to the Financial Ombudsman Service.

0:31:130:31:17

It ordered the company to refund three years worth of premiums

0:31:170:31:21

because the review had been done three years later

0:31:210:31:24

than it should have been.

0:31:240:31:25

It is better to get something back then nothing,

0:31:250:31:28

but the real bitter pill is the fact that the £160,000

0:31:280:31:33

or its increased value - 240 odd thousand,

0:31:330:31:35

has just vanished into thin air.

0:31:350:31:38

Scottish Provident is now part of Phoenix Life Limited,

0:31:380:31:42

who told us that given the Middletons' age

0:31:420:31:44

when they took out the policy,

0:31:440:31:45

it was inevitable their premiums would increase

0:31:450:31:48

when there was a review as the chances of a claim would be greater.

0:31:480:31:52

They agree they made an error doing the review late

0:31:520:31:55

and are sorry the Middletons were shocked to hear its effect

0:31:550:31:58

but say it was the responsibility of the couple's financial advisers

0:31:580:32:01

to insure they understood exactly what the review would mean.

0:32:010:32:05

So, we spoke to those advisers, a company called Brewin Dolphin.

0:32:050:32:08

They emphasise that using insurance products of this type

0:32:080:32:12

to minimise tax liabilities isn't suitable for everyone

0:32:120:32:16

but insist it did make sense for Roger.

0:32:160:32:18

They are adamant the Middleton's knew there would be a review

0:32:180:32:21

and had been given an option to avoid it by paying higher premiums.

0:32:210:32:24

They're sorry Roger was surprised by all this

0:32:240:32:27

but say they find it difficult to see how he could have been.

0:32:270:32:31

But the couple feel

0:32:310:32:32

the choice they have been left with is no choice at all.

0:32:320:32:36

Pay the same premiums and end up with less

0:32:360:32:39

or pay higher premiums and still get less.

0:32:390:32:42

It's impossible, really, for us to continue and therefore,

0:32:420:32:45

we will have to see if they are any other viable options.

0:32:450:32:49

So, Roger has decided that the best option for him now

0:32:490:32:52

is to surrender his policy for no value.

0:32:520:32:56

He's sticking to savings so he's in charge

0:32:560:32:58

and there will be no review around the corner.

0:32:580:33:01

You know the old saying, where there's a will, there's a way,

0:33:050:33:09

well, that saying could act

0:33:090:33:10

as a warning to someone who chooses to employ

0:33:100:33:13

a will writing service to draw up their will, as opposed to a lawyer.

0:33:130:33:17

The legal ombudsman, this year,

0:33:170:33:18

issued a warning about the will writing business

0:33:180:33:21

because currently, it's totally unregulated.

0:33:210:33:24

In other words, anyone can set up shop, offering their services,

0:33:240:33:28

indeed, charging whatever they like.

0:33:280:33:30

Meet Jude Southwick. She looks happy, doesn't she?

0:33:330:33:36

Well, she's feeling triumphant after a recent victory

0:33:360:33:39

here in court, where she won back more than £400

0:33:390:33:42

that she had paid to a will writing company.

0:33:420:33:45

It's a year and a half since she handed over the money.

0:33:450:33:49

Jude and her husband had approached the company,

0:33:490:33:53

asking them to make a couple of changes to their wills.

0:33:530:33:56

I told him that it was very simple alterations that I needed

0:33:560:34:01

and he said, no, no, no, you would need a new will

0:34:010:34:04

and quoted a price for the two wills for £199 and said...

0:34:040:34:09

And we arranged a meeting

0:34:090:34:11

and he said he would send a pre-visit brochure.

0:34:110:34:14

But the brochure from the company didn't arrive

0:34:140:34:17

before the arranged meeting, so when their will writer came around,

0:34:170:34:21

Jude says she was unable to make head or tail

0:34:210:34:24

of a lot of what he said,

0:34:240:34:26

including how the fees were worked out.

0:34:260:34:29

He proceeded with the meeting which was very, very drawn out

0:34:290:34:34

and confused my husband and I.

0:34:340:34:37

He asked us who we wanted to be trustees and executors

0:34:390:34:43

and what if they couldn't do it and it went on and on and on.

0:34:430:34:47

At the end of the meeting,

0:34:470:34:48

Jude was staggered to be asked for a cheque for nearly £600,

0:34:480:34:52

three times the amount she said she was first quoted.

0:34:520:34:56

I was very shocked but I did pay it,

0:34:560:34:59

so I wrote a cheque for £599, regrettably.

0:34:590:35:03

Already disappointed at paying more than she'd hoped,

0:35:050:35:08

Jude was even more unhappy when the company sent through the wills.

0:35:080:35:12

When the draft wills arrived, they didn't contain wishes.

0:35:120:35:16

He had put the financial adviser as adviser to our estate

0:35:160:35:21

and he had to put a corporation trust as trustees.

0:35:210:35:25

That was quite a long way down the will.

0:35:250:35:27

It was very difficult for us to understand them,

0:35:270:35:30

so we didn't know if they'd been written correctly or not.

0:35:300:35:33

There were other elements of the wills that Jude wasn't happy with,

0:35:360:35:39

or that she didn't need at all.

0:35:390:35:41

It took two months and several re-writes

0:35:410:35:44

before the final wills were sorted.

0:35:440:35:46

When Jude got the invoice, she spotted that part of the cost

0:35:460:35:50

was a charge of £200 just for the wills to be stored.

0:35:500:35:54

I wrote a letter and said that we hadn't ordered the storage

0:35:550:36:00

and he sent £100 back as a gesture of goodwill.

0:36:000:36:05

But Jude didn't think that was enough,

0:36:050:36:08

so she rang the advice service, Consumer Direct,

0:36:080:36:10

who told her that it sounded like the contract was invalid

0:36:100:36:13

because the company had failed to provide a cooling off period,

0:36:130:36:17

something anyone selling in a customer's home has got to do.

0:36:170:36:20

Jude took her various complaints about the wills to the County Court

0:36:220:36:27

and that's why she's smiling,

0:36:270:36:28

because the judge ruled that the company should refund her

0:36:280:36:31

a further £419.

0:36:310:36:35

The company has told us

0:36:350:36:37

that they disagree with Jude's versions of the events,

0:36:370:36:40

insisting its prices are competitive

0:36:400:36:42

and claiming that the issue only became protracted

0:36:420:36:45

because Jude was mistaken on various points and kept changing her mind.

0:36:450:36:50

Although the company Jude used does have plenty of experience,

0:36:500:36:54

she was surprised during her legal battle

0:36:540:36:56

to find that the will writing industry isn't regulated.

0:36:560:37:00

You don't need a legal qualification to write one.

0:37:000:37:03

Points she's raised with her local MP.

0:37:030:37:06

The Ministry of Justice is now going to have a full consultation on this,

0:37:060:37:11

which will be conducted by the Legal Services Board

0:37:110:37:14

and they're going to consult with the Law Society

0:37:140:37:17

and the Institute of Professional Will Writers.

0:37:170:37:20

I think you've got a success story.

0:37:200:37:22

Although her case is now resolved,

0:37:220:37:24

Judith's keen that other people don't go through a similar experience.

0:37:240:37:28

I really want to try and do something about it

0:37:280:37:31

so it saves other people the same thing happening to them.

0:37:310:37:34

It's something that we all shy away from,

0:37:390:37:42

but one of the most important documents

0:37:420:37:44

any of us will ever draw up is a will.

0:37:440:37:47

Traditionally, a trip to the solicitor would do the job,

0:37:470:37:50

but nowadays it seems that anyone can write up and administer a will.

0:37:500:37:55

Crispin Passmore, from Legal Services, is here to answer, why?

0:37:550:37:58

Crispin, call me naive

0:37:580:38:00

but how is it possible that anybody can write a will?

0:38:000:38:04

The regulation of legal services has grown around the needs

0:38:040:38:07

of the legal profession, perhaps rather around the needs of consumers

0:38:070:38:11

and needs of people that want to get their will written.

0:38:110:38:13

We're in place to change that and make sure

0:38:130:38:16

all the different bodies involved in looking after this area,

0:38:160:38:20

-do it in the interests of consumers.

-How tenacious are you about that?

0:38:200:38:24

We're relentless in the way we look at consumer focus on regulation

0:38:240:38:28

and the way lawyers and will writers operate in this market.

0:38:280:38:32

It's going to take some time to change things.

0:38:320:38:35

We're collecting evidence about will writers,

0:38:350:38:37

we're collecting evidence about how solicitors work.

0:38:370:38:40

There's as many problems as there are with regulated professionals

0:38:400:38:43

in this area as there are with unregulated firms.

0:38:430:38:46

It seems ridiculous to me

0:38:460:38:47

that something as important as a will can just be done by anybody.

0:38:470:38:52

We should remember that perhaps 80% or more of the wills

0:38:520:38:56

and the services around them are delivered perfectly well.

0:38:560:38:59

Let's not throw the baby out with the bathwater.

0:38:590:39:01

But there are some problems we need to tackle,

0:39:010:39:04

but half the population doesn't have a will written.

0:39:040:39:08

People shy away from it altogether.

0:39:080:39:10

They do and if we push the price up and less people get wills written,

0:39:100:39:14

that's not a good outcome either.

0:39:140:39:16

In the old days, as far as my family were concerned,

0:39:160:39:19

you automatically thought of a solicitor

0:39:190:39:21

to draw up your will and to execute it.

0:39:210:39:23

But now that anybody can do it do you think it's because

0:39:230:39:26

people shy away from it and it's a cheaper option?

0:39:260:39:30

I don't want to go to the solicitor's office,

0:39:300:39:33

I'll take this person who will come to my house.

0:39:330:39:35

People seem to make a range of different things

0:39:350:39:38

to help them choose where to go.

0:39:380:39:40

We know consumers think will writers are more likely to be lower-priced,

0:39:400:39:45

but we know that lots of them are scared of going to a solicitor.

0:39:450:39:49

I always think we should say to consumers,

0:39:490:39:52

you wouldn't choose a television by going into one shop

0:39:520:39:55

or by inviting one person into your house

0:39:550:39:57

and buying the first thing they show.

0:39:570:39:59

Go and look around the regulated sector, the unregulated sector.

0:39:590:40:04

Ask about their prices,

0:40:040:40:06

about whether or not you can go to an ombudsman.

0:40:060:40:08

Ask about their insurance and ask to speak to satisfied customers.

0:40:080:40:12

If you don't think they're going to listen to you, go somewhere else.

0:40:120:40:15

We've talked about the mistakes will writing companies make

0:40:150:40:19

in that they put in executors

0:40:190:40:20

that maybe the client never even heard of.

0:40:200:40:23

But the same thing happens with banks

0:40:230:40:26

and with some solicitors in that when people, if they don't know,

0:40:260:40:29

the bank will go, "Do you want me to be your executor?"

0:40:290:40:32

They go, "That will be fine,"

0:40:320:40:33

not knowing you can charge almost as much money as you want

0:40:330:40:37

to execute the will.

0:40:370:40:39

That's not transparent and that's not fair.

0:40:390:40:41

No, and one of the things we're looking at

0:40:410:40:44

is about inappropriate bundling of services,

0:40:440:40:47

making sure people only buy what they want to buy

0:40:470:40:50

and that things that shouldn't be sold together aren't sold together.

0:40:500:40:53

We're working with the Solicitors' Regulation Authority

0:40:530:40:56

and the Office of Fair Trading and we've had some success

0:40:560:40:59

getting banks and law firms to change their practice.

0:40:590:41:02

We need to make sure all of them do.

0:41:020:41:04

-Crispin, I hope you make it happen.

-Thank you very much.

0:41:040:41:07

Here at Rip Off Britain we're always ready to investigate

0:41:080:41:12

more of your stories.

0:41:120:41:13

Confused over your bills?

0:41:130:41:16

Trying to wade your way through small print

0:41:160:41:19

that leaves you totally confused?

0:41:190:41:21

I might have been stupid for not reading it,

0:41:210:41:23

or I've read it and not took it in.

0:41:230:41:26

I could kick myself, I really could.

0:41:260:41:28

Unsure what to do when you discover you've lost out

0:41:280:41:31

and that great deal has ended up costing you money?

0:41:310:41:35

I thought this cannot be true.

0:41:350:41:37

It's totally unacceptable. I was so angry.

0:41:370:41:40

You might have a cautionary tale

0:41:400:41:42

of your own and want to share the mistakes you've made

0:41:420:41:45

with us so that other people don't do the same thing.

0:41:450:41:48

No-one knows about this, this is very strange to me.

0:41:480:41:51

I really would like to get this much clearer.

0:41:510:41:54

Don't forget you can always write to us.

0:41:540:42:00

Or you can always get in touch by sending us an e-mail.

0:42:050:42:13

Don't forget the Rip Off team is ready and waiting

0:42:130:42:16

to investigate your stories.

0:42:160:42:19

I have to say, and I don't know how you two feel about this,

0:42:190:42:23

but it's been very clear from the stories we've heard,

0:42:230:42:27

and indeed the amount of letters and e-mails that you sent us,

0:42:270:42:30

that when a company doesn't very clearly explain their procedures,

0:42:300:42:34

contracts and bills,

0:42:340:42:36

then you can very easily end up losing out.

0:42:360:42:39

Absolutely.

0:42:390:42:41

We always say make sure you go through your paperwork

0:42:410:42:44

with a fine tooth comb

0:42:440:42:45

and if in doubt, always get it checked out.

0:42:450:42:48

I agree with both of you implicitly.

0:42:480:42:50

Never ever be afraid to seek assistance

0:42:500:42:53

because it could end up saving you a huge amount of money.

0:42:530:42:56

Next time we'll be tackling more of your stories.

0:42:560:42:59

Until then thank you for your company

0:42:590:43:02

-and from all of us, bye-bye.

-Bye-bye.

-Bye.

0:43:020:43:04

E-mail [email protected]

0:43:090:43:14

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0:43:140:43:18

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