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We ask you to tell us who's left you feeling ripped off. | 0:00:02 | 0:00:06 | |
I think this is very, very, very wrong, for what they've done. | 0:00:06 | 0:00:09 | |
The bank piles charges upon charges, upon charges, upon charges... | 0:00:09 | 0:00:13 | |
Legally it was right, morally... | 0:00:13 | 0:00:15 | |
that's where the question and doubt comes in my view. | 0:00:15 | 0:00:18 | |
And you contacted us in your thousands, | 0:00:18 | 0:00:21 | |
by post, e-mail, | 0:00:21 | 0:00:24 | |
even stopping us in the streets. | 0:00:24 | 0:00:26 | |
And the message couldn't be clearer... | 0:00:26 | 0:00:28 | |
You don't always get a straight answer. They try and fob you off. | 0:00:28 | 0:00:31 | |
Not happy at all. | 0:00:31 | 0:00:32 | |
There's always that very small print with a clause | 0:00:32 | 0:00:34 | |
you didn't realise. | 0:00:34 | 0:00:36 | |
We're being ripped off big-time. | 0:00:36 | 0:00:38 | |
'Whether it's a deliberate rip-off, | 0:00:38 | 0:00:40 | |
'a simple mistake, or a catch in the small print, | 0:00:40 | 0:00:43 | |
'we'll find out why you're out of pocket, and indeed, | 0:00:43 | 0:00:46 | |
'what you can do about it.' | 0:00:46 | 0:00:48 | |
Keep asking the questions, keep... go to the top if you have to. | 0:00:48 | 0:00:51 | |
We do get results, I mean, that's the interesting thing. | 0:00:51 | 0:00:55 | |
'Your stories, your money. | 0:00:55 | 0:00:57 | |
'This is Rip-Off Britain.' | 0:00:57 | 0:00:58 | |
Hello and welcome to Rip-Off Britain, | 0:01:00 | 0:01:02 | |
the series in which we | 0:01:02 | 0:01:04 | |
work tirelessly to assist you, | 0:01:04 | 0:01:06 | |
the consumer, to get a fair deal | 0:01:06 | 0:01:09 | |
and we hope we're able to help you avoid being ripped-off, don't we? | 0:01:09 | 0:01:12 | |
Absolutely! You've been sending letters and e-mails asking for help, | 0:01:12 | 0:01:16 | |
and we've also been out and about to hear from you, | 0:01:16 | 0:01:19 | |
face-to-face. | 0:01:19 | 0:01:20 | |
You know, one topic that comes up time and time again, | 0:01:20 | 0:01:23 | |
is when you feel that paperwork, you know, contracts, bills and so on, | 0:01:23 | 0:01:27 | |
are not fully explained, leaving you feeling most confused. | 0:01:27 | 0:01:31 | |
Now, in turn, this can often lead you into making bad decisions, | 0:01:31 | 0:01:35 | |
and above all, costing you money. | 0:01:35 | 0:01:38 | |
Also coming up on today's show, | 0:01:38 | 0:01:40 | |
this man spent nearly £6000 on hearing aids | 0:01:40 | 0:01:44 | |
that he says he can barely use. | 0:01:44 | 0:01:48 | |
Could he have got a better one free? | 0:01:48 | 0:01:51 | |
I thought, tops, it would be 2,000, | 0:01:51 | 0:01:54 | |
instead of which it was nearly six! | 0:01:54 | 0:01:57 | |
And more from the Rip-Off Britain pop-up shop. | 0:01:57 | 0:02:01 | |
Now, making sure that you get a good deal on every purchase you make, | 0:02:01 | 0:02:05 | |
is pretty tricky. | 0:02:05 | 0:02:06 | |
You may have been tempted by what seemed, at the time, | 0:02:06 | 0:02:09 | |
like a really good offer, | 0:02:09 | 0:02:10 | |
or even persuaded by a convincing sales pitch, | 0:02:10 | 0:02:13 | |
but either way, it's sometimes not until much later, | 0:02:13 | 0:02:16 | |
that you find out the deal you ended up with, | 0:02:16 | 0:02:19 | |
is nowhere near as good as you first thought. | 0:02:19 | 0:02:22 | |
Which is exactly what happened to our next viewer. | 0:02:22 | 0:02:25 | |
A peaceful retirement on the Kent coast. | 0:02:28 | 0:02:31 | |
That's what Sally Croft had in mind, | 0:02:31 | 0:02:33 | |
when along with her husband Neil, | 0:02:33 | 0:02:36 | |
she moved here to the Isle of Sheppey. | 0:02:36 | 0:02:38 | |
We bought into the site in 2004. | 0:02:40 | 0:02:43 | |
We saw an advert in the paper which looked very appealing. | 0:02:43 | 0:02:46 | |
Retirement homes etc, new buildings going to be built, | 0:02:46 | 0:02:50 | |
it was to your specifications, | 0:02:50 | 0:02:53 | |
two-bedroom, three-bedroom, four-bedroom. | 0:02:53 | 0:02:56 | |
It all sounded absolutely wonderful. | 0:02:56 | 0:02:58 | |
So wonderful that the Crofts spent £100,000 | 0:02:58 | 0:03:03 | |
on this four-bedroom bungalow, | 0:03:03 | 0:03:05 | |
part of the Saddlebrook Park complex in Leysdown-On-Sea. | 0:03:05 | 0:03:09 | |
We was assured that we didn't need a solicitor | 0:03:09 | 0:03:11 | |
to buy on here, | 0:03:11 | 0:03:14 | |
the site would do everything for us, everything, so we didn't | 0:03:14 | 0:03:17 | |
need the expense of a solicitor, | 0:03:17 | 0:03:19 | |
because it was private ground and they was building all these | 0:03:19 | 0:03:22 | |
residential homes, they was going to do everything for us. | 0:03:22 | 0:03:26 | |
But not taking advice | 0:03:26 | 0:03:28 | |
is a decision they now regret, | 0:03:28 | 0:03:30 | |
because things weren't as straightforward as first seemed. | 0:03:30 | 0:03:34 | |
It turned out they'd bought a home they weren't allowed | 0:03:34 | 0:03:37 | |
to live in, all year round. | 0:03:37 | 0:03:40 | |
That's because, according to local planning regulations, | 0:03:40 | 0:03:44 | |
Saddlebrook Park is classified as non-residential. | 0:03:44 | 0:03:48 | |
It's regarded as holiday accommodation, | 0:03:48 | 0:03:50 | |
so the properties can only be occupied | 0:03:50 | 0:03:52 | |
for eight months of the year. | 0:03:52 | 0:03:55 | |
But the Crofts bought their bungalow | 0:03:55 | 0:03:57 | |
on the understanding that plans | 0:03:57 | 0:03:59 | |
to develop the park, would change all that. | 0:03:59 | 0:04:02 | |
And they say the site's previous owners | 0:04:02 | 0:04:04 | |
assured them that everything was being sorted with the council. | 0:04:04 | 0:04:08 | |
They sold us a residential retirement home. | 0:04:08 | 0:04:13 | |
All the plans had been put in to the council for extended, | 0:04:13 | 0:04:17 | |
because originally it was a holiday park, originally... | 0:04:17 | 0:04:20 | |
erm...all the plans had gone in for residential, | 0:04:20 | 0:04:23 | |
so we could live in here for 12 months of the year. | 0:04:23 | 0:04:27 | |
But according to Swale Borough Council, | 0:04:27 | 0:04:30 | |
no such plans were ever submitted, | 0:04:30 | 0:04:32 | |
so every year, as the end of October approaches, | 0:04:32 | 0:04:35 | |
the Crofts face the same fear. | 0:04:35 | 0:04:38 | |
The four months during the course of the winter is a very worrying time | 0:04:38 | 0:04:43 | |
and we're always faced with the fact we could pull into the gates | 0:04:43 | 0:04:46 | |
one day and they'd be closed and we'd not be able to get in. | 0:04:46 | 0:04:49 | |
We so look forward to 1 March | 0:04:49 | 0:04:52 | |
when we're officially legal again. | 0:04:52 | 0:04:55 | |
Sally and Neil have lived with this crippling uncertainty | 0:04:55 | 0:04:59 | |
for six years, and for some of their neighbours, it's been even longer. | 0:04:59 | 0:05:03 | |
I paid 10,000 extra to be beside a lake. | 0:05:03 | 0:05:06 | |
Sandra Anderson moved in eight years ago, | 0:05:06 | 0:05:08 | |
days before the winter started, | 0:05:08 | 0:05:11 | |
although at the time, | 0:05:11 | 0:05:13 | |
she had no idea that winter was even an issue. | 0:05:13 | 0:05:16 | |
We came down here in October 27, 2003, | 0:05:16 | 0:05:20 | |
and I was not given any form of paperwork | 0:05:20 | 0:05:25 | |
until July of 2004. | 0:05:25 | 0:05:29 | |
My understanding of the whole thing was that we were sold | 0:05:29 | 0:05:33 | |
a residential park, | 0:05:33 | 0:05:34 | |
you know, that was for the 12 months, this was our home. | 0:05:34 | 0:05:38 | |
Sandra is keen to sell up and move on, | 0:05:38 | 0:05:42 | |
but even if she could find a buyer, | 0:05:42 | 0:05:45 | |
she'd be unlikely to get anything like | 0:05:45 | 0:05:47 | |
the £120,000 she originally paid. | 0:05:47 | 0:05:50 | |
I would say, at the moment, | 0:05:50 | 0:05:53 | |
I might struggle | 0:05:55 | 0:05:57 | |
at getting 60, | 0:05:57 | 0:06:00 | |
if that. | 0:06:00 | 0:06:01 | |
We've done a lot in here, because this is our home, | 0:06:01 | 0:06:05 | |
and this is where we live. | 0:06:05 | 0:06:08 | |
We love our home | 0:06:08 | 0:06:10 | |
and we love this little bit round it, | 0:06:10 | 0:06:13 | |
but we actually hate the park, | 0:06:13 | 0:06:15 | |
and we haven't got a lot of feelings | 0:06:15 | 0:06:17 | |
for the people who did it to us, either. | 0:06:17 | 0:06:19 | |
Someone who's all too aware of the problems these residents face, | 0:06:19 | 0:06:24 | |
is local MP Gordon Henderson. | 0:06:24 | 0:06:27 | |
There are a number of people | 0:06:27 | 0:06:29 | |
who have bought holiday homes | 0:06:29 | 0:06:33 | |
on Sheppey, who did so, believing they were entitled | 0:06:33 | 0:06:37 | |
to all year round occupation, | 0:06:37 | 0:06:39 | |
only to discover at a later date, | 0:06:39 | 0:06:43 | |
actually they had to get out after eight months. | 0:06:43 | 0:06:46 | |
My very strong advice is, first of all, | 0:06:46 | 0:06:49 | |
before parting with a penny of their money, | 0:06:49 | 0:06:51 | |
they should take legal advice and make sure they see | 0:06:51 | 0:06:54 | |
a copy of the contract before they actually go out | 0:06:54 | 0:06:58 | |
and buy anything. | 0:06:58 | 0:06:59 | |
So why were these homes sold to people | 0:06:59 | 0:07:02 | |
who wanted to live there all year round? | 0:07:02 | 0:07:05 | |
We asked Saddlebrook Park's former owners Warden Bay Leisure, | 0:07:05 | 0:07:09 | |
who ran the site when the Crofts and Sandra bought properties. | 0:07:09 | 0:07:13 | |
They didn't want to comment, | 0:07:13 | 0:07:15 | |
but claimed that everyone saw leases before they moved in, | 0:07:15 | 0:07:19 | |
which of course, | 0:07:19 | 0:07:21 | |
is not what the residents have told us. | 0:07:21 | 0:07:23 | |
Saddlebrook Park has since been taken over by a different company, | 0:07:23 | 0:07:27 | |
who told us that they'd like residents to be able to | 0:07:27 | 0:07:31 | |
live there full-time, but this would require a special licence. | 0:07:31 | 0:07:35 | |
They've told us they are discussing it with the Council. | 0:07:35 | 0:07:39 | |
But, for now, | 0:07:39 | 0:07:41 | |
many residents are well and truly stuck, | 0:07:41 | 0:07:45 | |
desperate to leave, but unable to afford a huge | 0:07:45 | 0:07:48 | |
drop in the price of their properties if they were to sell now. | 0:07:48 | 0:07:52 | |
Six of us has have put in | 0:07:52 | 0:07:55 | |
for residency with the council ourselves, so we're | 0:07:55 | 0:07:59 | |
just keeping our fingers crossed that something will come of that. | 0:07:59 | 0:08:02 | |
So hopefully, at the end of the day, | 0:08:02 | 0:08:05 | |
we will finally get residency | 0:08:05 | 0:08:08 | |
that we can sleep at night, in our beds, properly, | 0:08:08 | 0:08:11 | |
through the winter. | 0:08:11 | 0:08:13 | |
Big companies don't always make things easy to understand | 0:08:15 | 0:08:18 | |
and it can be confusing trying | 0:08:18 | 0:08:20 | |
to work out why you haven't ended up with what you expected. | 0:08:20 | 0:08:24 | |
So if you feel bogged down | 0:08:24 | 0:08:26 | |
and don't know exactly what to do, we have put together a booklet | 0:08:26 | 0:08:29 | |
of tips and advice you can find the link to the free guide | 0:08:29 | 0:08:33 | |
on our web-site: bbc.co.uk/rip off Britain. | 0:08:33 | 0:08:37 | |
Or if you want to receive a copy in the post | 0:08:38 | 0:08:41 | |
send an A5 self-addressed envelope | 0:08:41 | 0:08:43 | |
to the address we give you right at the end of the programme. | 0:08:43 | 0:08:46 | |
Next: No one wants to hand over hard-earned cash | 0:08:49 | 0:08:53 | |
for something you can actually get for free. | 0:08:53 | 0:08:56 | |
But that is exactly what's been happening | 0:08:56 | 0:08:58 | |
with the sale of hearing aids, | 0:08:58 | 0:09:00 | |
according to an investigation by Which? magazine | 0:09:00 | 0:09:02 | |
and the Royal National Institute for the Deaf, | 0:09:02 | 0:09:05 | |
which is the UK's largest charity | 0:09:05 | 0:09:07 | |
for people with hearing loss and deafness. | 0:09:07 | 0:09:09 | |
Which? revealed that shops can often charge massive amounts | 0:09:09 | 0:09:13 | |
for products that are actually | 0:09:13 | 0:09:15 | |
available free on the NHS | 0:09:15 | 0:09:17 | |
and that report backs up what happened to Norman Squire. | 0:09:17 | 0:09:21 | |
He contacted us at Rip Off Britain | 0:09:21 | 0:09:23 | |
after being sold a hearing aid that ended up costing nearly £6,000. | 0:09:23 | 0:09:29 | |
Norman Squire's hearing had served him pretty well until 2010, | 0:09:31 | 0:09:36 | |
when, aged 92, he noticed that he was starting to struggle a little. | 0:09:36 | 0:09:41 | |
I keep asking people to repeat things. | 0:09:41 | 0:09:43 | |
Somebody's got something to tell you and there's a punchline | 0:09:43 | 0:09:47 | |
and you miss that, so you say, "Beg your pardon?" | 0:09:47 | 0:09:51 | |
So they keep telling me I need a hearing aid. | 0:09:51 | 0:09:55 | |
Norman's friend, Chris, was surprised his hearing was failing. | 0:09:55 | 0:09:59 | |
I've never had trouble having a conversation with him. | 0:10:00 | 0:10:05 | |
I think I've got the advantage | 0:10:05 | 0:10:06 | |
of having worked with the deaf, that I'm used to speaking clearly, | 0:10:06 | 0:10:10 | |
which is a benefit to Norman. | 0:10:10 | 0:10:13 | |
Though his problems seemed slight, Norman was pleased when one day a leaflet came through his door | 0:10:13 | 0:10:19 | |
from a chain of shops selling hearing aids, called Hidden Hearing. | 0:10:19 | 0:10:22 | |
They had a local branch, so he popped along to see what they would advise. | 0:10:22 | 0:10:28 | |
They offered me a hearing aid to try and put in me ear | 0:10:28 | 0:10:32 | |
and it was like a big marble. | 0:10:32 | 0:10:34 | |
So he said, "All right, try this one." | 0:10:34 | 0:10:37 | |
And he fits this one in. | 0:10:37 | 0:10:39 | |
And there was nothing else, nothing else was forthcoming. | 0:10:39 | 0:10:44 | |
So I don't know if they make anything else. | 0:10:44 | 0:10:46 | |
Norman agreed to buy two gadgets there and then, | 0:10:46 | 0:10:49 | |
but was surprised to find how much it cost. | 0:10:49 | 0:10:52 | |
I did have a friend who said they'd paid £2,000. | 0:10:54 | 0:10:57 | |
So I thought at tops it would be 2,000. | 0:10:57 | 0:11:00 | |
Instead of which it was nearly six. | 0:11:02 | 0:11:04 | |
Norman didn't have £6,000, but he was able to spread out the cost | 0:11:06 | 0:11:10 | |
with a finance agreement | 0:11:10 | 0:11:12 | |
that the shop arranged for him. | 0:11:12 | 0:11:13 | |
The name Hidden Hearing does suggest the shop specialises | 0:11:15 | 0:11:19 | |
in discreet devices. | 0:11:19 | 0:11:21 | |
Norman says he wasn't particularly concerned with how his looked, | 0:11:22 | 0:11:26 | |
so long as it worked. | 0:11:26 | 0:11:28 | |
But the small size of the aids immediately became an issue for him. | 0:11:28 | 0:11:33 | |
Well the main problem I suppose | 0:11:36 | 0:11:38 | |
is that it's a fiddling little thing to mess about with. | 0:11:38 | 0:11:42 | |
-I can get them in. -It takes a long time, doesn't it? | 0:11:43 | 0:11:48 | |
I think the aid and its fittings are too small for Norman, | 0:11:48 | 0:11:55 | |
because his hands are big and he has arthritis. | 0:11:55 | 0:11:58 | |
After months of practice, Norman began to find it easier | 0:11:58 | 0:12:01 | |
to put the hearing aid in, | 0:12:01 | 0:12:04 | |
but as far as he was concerned, there was another problem. | 0:12:04 | 0:12:09 | |
Well on two or three occasions that little piece on the end | 0:12:09 | 0:12:12 | |
that goes right down into your ear, | 0:12:12 | 0:12:14 | |
it just didn't come out with the res of it when you took them off. | 0:12:14 | 0:12:20 | |
It was starting to look like Norman had spent £6,000 on hearing aids | 0:12:21 | 0:12:25 | |
that were not necessarily the most | 0:12:25 | 0:12:27 | |
suitable for him and it's money he may have needed to spend, | 0:12:27 | 0:12:32 | |
because the NHS can give similar aids for free. | 0:12:32 | 0:12:36 | |
Norman hadn't known that | 0:12:36 | 0:12:39 | |
and Hidden Hearing certainly didn't tell him. | 0:12:39 | 0:12:42 | |
So would he have been eligible? | 0:12:42 | 0:12:44 | |
We have arranged for audiologist Crystal Rolfe to check. | 0:12:44 | 0:12:46 | |
OK, Norman, I'm going to start off by having a look in your ears, OK? | 0:12:49 | 0:12:53 | |
One of the most important things to check | 0:12:54 | 0:12:56 | |
is whether that person will be able to fit it into their ear, | 0:12:56 | 0:12:59 | |
what their dexterity of their hands is like, | 0:12:59 | 0:13:01 | |
because hearing aids can be difficult to get in. | 0:13:01 | 0:13:03 | |
What I'm just going to do is just press the button for me | 0:13:03 | 0:13:06 | |
every time you hear a sound. | 0:13:06 | 0:13:08 | |
Norman would certainly be eligible for an NHS hearing aid, | 0:13:08 | 0:13:12 | |
based on the tests we did | 0:13:12 | 0:13:13 | |
and talking to him about his dexterity in his fingers, | 0:13:13 | 0:13:17 | |
I'd recommend the normal sized hearing aids behind his ear, | 0:13:17 | 0:13:20 | |
maybe not one of the very small ones, | 0:13:20 | 0:13:22 | |
just to make it easier for him to hold. | 0:13:22 | 0:13:24 | |
And you can get a couple of different designs I've got here, | 0:13:24 | 0:13:28 | |
on the NHS that would be suitable for you. | 0:13:28 | 0:13:31 | |
Whenever Norman has called into the shop and mentioned his concerns, | 0:13:31 | 0:13:34 | |
the staff have offered to fit his hearing aids for him. | 0:13:34 | 0:13:39 | |
But if he had to do that every time he has trouble, | 0:13:39 | 0:13:42 | |
it would mean a special trip into town. | 0:13:42 | 0:13:44 | |
We contacted Hidden Hearing on Norman's behalf. | 0:13:46 | 0:13:50 | |
They insist his assessment met all required standards | 0:13:50 | 0:13:53 | |
and good practice | 0:13:53 | 0:13:54 | |
and the hearing aids he bought were believed appropriate. | 0:13:54 | 0:13:58 | |
They say it would have been up to Norman's doctor | 0:13:59 | 0:14:02 | |
to explain he was eligible for an NHS one. | 0:14:02 | 0:14:04 | |
But in any way case, the particular model he got | 0:14:04 | 0:14:07 | |
would not have been available that way | 0:14:07 | 0:14:10 | |
and they claim they don't have any record of any complaint. | 0:14:10 | 0:14:14 | |
Although Norman insists he has raised it with staff at the shop. | 0:14:14 | 0:14:18 | |
Last year, Which? carried out an investigation | 0:14:19 | 0:14:22 | |
into a variety of shops selling hearing aids. | 0:14:22 | 0:14:25 | |
A third of the total number of stores they visited | 0:14:25 | 0:14:28 | |
were considered to have poor clinical assessments. | 0:14:28 | 0:14:32 | |
And one of the other high street chains | 0:14:32 | 0:14:34 | |
even risked breaking the law, | 0:14:34 | 0:14:36 | |
by giving misleading information about the NHS | 0:14:36 | 0:14:38 | |
in order to promote their own products. | 0:14:38 | 0:14:41 | |
Meanwhile Hidden Hearing say they're happy to discuss | 0:14:43 | 0:14:46 | |
changing Norman's hearing aids for a different model, | 0:14:46 | 0:14:50 | |
which could stop him worrying his expensive purchase | 0:14:50 | 0:14:53 | |
will end up in the back of a drawer gathering dust. | 0:14:53 | 0:14:57 | |
You lose confidence in them and don't bother to put them on, | 0:14:57 | 0:15:01 | |
which is a blatant waste of money, isn't it? | 0:15:01 | 0:15:05 | |
So for Norman it's been an expensive lesson | 0:15:06 | 0:15:09 | |
and he certainly feels let down by Hidden Hearing | 0:15:09 | 0:15:12 | |
and wishes he had never purchased his hearing aid from them at all. | 0:15:12 | 0:15:17 | |
Next time he's going to go straight to the NHS. | 0:15:17 | 0:15:20 | |
Well Angela King from Action Hearing Loss, | 0:15:20 | 0:15:22 | |
has some advice on buying a hearing aid. | 0:15:22 | 0:15:25 | |
And other issues to look out for. | 0:15:25 | 0:15:27 | |
If you're having difficulty hearing, | 0:15:28 | 0:15:29 | |
there is one thing you can do straightaway without any fuss, | 0:15:29 | 0:15:32 | |
and that is take the Action On Hearing Loss hearing check | 0:15:32 | 0:15:35 | |
and you can find details on our web-site. | 0:15:35 | 0:15:38 | |
If you need full hearing tests | 0:15:40 | 0:15:42 | |
to find out what the problem is, you have got two options. | 0:15:42 | 0:15:46 | |
You can either get your GP to arrange for you | 0:15:46 | 0:15:49 | |
to have those tests through the NHS. | 0:15:49 | 0:15:51 | |
Or you can go privately to a high street hearing aid dispenser. | 0:15:51 | 0:15:55 | |
If you're buying privately, make sure you can have a money back guarantee. | 0:15:56 | 0:16:00 | |
That means that you will have at least 28 days | 0:16:00 | 0:16:03 | |
to try out your hearing aids | 0:16:03 | 0:16:05 | |
and you can return them within that time if they're really not suitable. | 0:16:05 | 0:16:10 | |
Or it may be possible for them to be adjusted to suit you better. | 0:16:10 | 0:16:13 | |
Be wary of advertising claims, | 0:16:16 | 0:16:18 | |
because no hearing aid, however clever the technology, | 0:16:18 | 0:16:23 | |
can actually restore perfect hearing. | 0:16:23 | 0:16:25 | |
If you're thinking of getting your hearing aids through the NHS, | 0:16:28 | 0:16:30 | |
the waiting times are now quite short | 0:16:30 | 0:16:33 | |
between GP referral and actually having your hearing aids. | 0:16:33 | 0:16:36 | |
And they're of really good quality | 0:16:36 | 0:16:38 | |
and will make a real difference to your daily life. | 0:16:38 | 0:16:41 | |
Still to come on Rip Off Britain: | 0:16:44 | 0:16:46 | |
We asked you to tell us about the rip offs that have affected you | 0:16:46 | 0:16:49 | |
and your response was huge. | 0:16:49 | 0:16:51 | |
Hundreds of you took the time to visit us at our pop up shop, | 0:16:51 | 0:16:55 | |
where we heard even more stories | 0:16:55 | 0:16:57 | |
about things which don't seem to have been properly explained. | 0:16:57 | 0:17:00 | |
At this stage it is probably worth | 0:17:00 | 0:17:02 | |
picking up with Trading Standards, Citizens' Advice Bureau, | 0:17:02 | 0:17:05 | |
get them on board. | 0:17:05 | 0:17:06 | |
Now for many of you, your house will be the most valuable asset | 0:17:10 | 0:17:13 | |
to pass on to your children when you die. | 0:17:13 | 0:17:16 | |
But an increasing number of us | 0:17:16 | 0:17:17 | |
worry that as we get older, we may need to pay for some sort of care | 0:17:17 | 0:17:21 | |
and selling our house might be the only way to cover the cost. | 0:17:21 | 0:17:25 | |
So what if somebody told you | 0:17:25 | 0:17:26 | |
that there was a way to safeguard some of the value of your house? | 0:17:26 | 0:17:30 | |
Harold and Joan Torkington believed | 0:17:30 | 0:17:32 | |
such a deal would give them peace of mind. | 0:17:32 | 0:17:35 | |
Joan Torkington has been a member | 0:17:36 | 0:17:39 | |
of the Hazelgrove Ladies Club for 50 years. | 0:17:39 | 0:17:42 | |
Once a week she and her friends meet for a chat | 0:17:42 | 0:17:45 | |
and to enjoy the guest speakers. | 0:17:45 | 0:17:48 | |
In the spring of 2011, one such speaker | 0:17:48 | 0:17:51 | |
was from a firm called National Legal Assistance. | 0:17:51 | 0:17:54 | |
He explained to Joan and her friends | 0:17:54 | 0:17:56 | |
that people with assets such as property or savings | 0:17:56 | 0:17:59 | |
usually have to pay for any care needed in their old age. | 0:17:59 | 0:18:04 | |
But if they signed up to something called a family property trust, | 0:18:04 | 0:18:07 | |
it would mean their homes would be protected. | 0:18:07 | 0:18:11 | |
I thought, well, this is right, if I'm taken into a home, | 0:18:11 | 0:18:15 | |
they won't be able to take my house off me, and good idea. | 0:18:15 | 0:18:21 | |
Joan hurried home to tell her husband, Harold. | 0:18:21 | 0:18:25 | |
Both liked the sound of it, as they were keen to protect | 0:18:25 | 0:18:28 | |
their home and savings for their children and grandchildren. | 0:18:28 | 0:18:31 | |
We didn't wanted to be cheated out of our house. | 0:18:31 | 0:18:36 | |
Other people who didn't have quite as much money | 0:18:36 | 0:18:40 | |
were going to get paid for | 0:18:40 | 0:18:42 | |
and we'd paid our taxes and dues | 0:18:42 | 0:18:45 | |
over the years, and it didn't seem fair. | 0:18:45 | 0:18:49 | |
The Torkingtons asked a representative from the company | 0:18:49 | 0:18:53 | |
to visit to give them more information. | 0:18:53 | 0:18:56 | |
He said it puts a complete ring fence round everything you own. | 0:18:56 | 0:19:02 | |
And in effect it no longer belongs to you. | 0:19:04 | 0:19:08 | |
It belongs to the people in the will you're leaving all your estate to. | 0:19:10 | 0:19:16 | |
He said, although you can spend it, you can sell your house, | 0:19:18 | 0:19:25 | |
and change and get a smaller house, all we will do - that's them - | 0:19:25 | 0:19:33 | |
we'll put the smaller house into the ring fence | 0:19:33 | 0:19:36 | |
and that will be included. | 0:19:36 | 0:19:38 | |
Such trusts can be complicated, | 0:19:40 | 0:19:42 | |
so we asked solicitor, Gary Rycroft to explain exactly how they work. | 0:19:42 | 0:19:47 | |
A property trust is an arrangement | 0:19:47 | 0:19:50 | |
where the owners of a property transfer ownership from themselves | 0:19:50 | 0:19:54 | |
to a separate trust arrangement. | 0:19:54 | 0:19:56 | |
So they no longer own the property themselves. | 0:19:56 | 0:19:58 | |
It's useful if you're concerned about care home fees, | 0:19:58 | 0:20:02 | |
because you can transfer the ownership of the property you live in | 0:20:02 | 0:20:05 | |
into a separate trust arrangement. | 0:20:05 | 0:20:07 | |
This means that if you are assessed for the cost of care fees, | 0:20:07 | 0:20:11 | |
you don't have to declare ownership of the house that you're living in. | 0:20:11 | 0:20:16 | |
It all seemed to make sense to Joan and Harold | 0:20:16 | 0:20:18 | |
and they agreed to sign up. | 0:20:18 | 0:20:20 | |
He said the whole thing would take five or six weeks. | 0:20:23 | 0:20:26 | |
Obviously it would cost a bit. | 0:20:26 | 0:20:29 | |
But in our case when he totted it all up, he could do it for £2,395. | 0:20:30 | 0:20:37 | |
Initially I thought, "My God, you can get your will for £300." | 0:20:40 | 0:20:47 | |
But thinking about it, I thought, yeah, and we agreed. | 0:20:47 | 0:20:51 | |
But after sleeping on it and studying the paperwork further, | 0:20:51 | 0:20:56 | |
the Torkingtons started to have second thoughts. | 0:20:56 | 0:21:00 | |
They called their bank to put a stop to the cheque they had signed. | 0:21:00 | 0:21:03 | |
He says, "I'm sorry we can't cancel it, it's already been cashed." | 0:21:04 | 0:21:09 | |
And I said, "But that's silly, how can that possibly be? | 0:21:10 | 0:21:16 | |
It's usually three to five days before a cheque is honoured." | 0:21:16 | 0:21:20 | |
"Yes, well... | 0:21:22 | 0:21:23 | |
"they happen to use the same bank." | 0:21:25 | 0:21:28 | |
And they cashed it without question. | 0:21:30 | 0:21:32 | |
The Torkingtons then contacted National Legal Assistance directly. | 0:21:32 | 0:21:37 | |
Harold was told if he returned the cancellation form within seven days, | 0:21:37 | 0:21:42 | |
they would get their money back. | 0:21:42 | 0:21:44 | |
So he sent it by registered post and waited. | 0:21:44 | 0:21:47 | |
And waited. | 0:21:49 | 0:21:51 | |
Nothing happened. | 0:21:51 | 0:21:52 | |
So he got back in touch. | 0:21:54 | 0:21:57 | |
They'd received our cancellation, | 0:21:57 | 0:21:59 | |
but the computer in the accounts department had broken down | 0:21:59 | 0:22:02 | |
and they were running late and bear with them and all the rest of it. | 0:22:02 | 0:22:07 | |
The Torkingtons didn't know what to do next | 0:22:07 | 0:22:10 | |
and that is when they contacted Rip Off Britain. | 0:22:10 | 0:22:13 | |
We've discovered on average | 0:22:13 | 0:22:15 | |
you should expect to pay £500 for a property trust. | 0:22:15 | 0:22:19 | |
Far less than the £2,395 Harold and Joan had paid up. | 0:22:19 | 0:22:25 | |
If I'd known that in the first place, | 0:22:29 | 0:22:31 | |
or had any idea that was the going rate, | 0:22:31 | 0:22:34 | |
the fella wouldn't have had a chance. | 0:22:34 | 0:22:36 | |
I'd have reported him | 0:22:37 | 0:22:39 | |
as soon as he tried to sell me something for 2,395. | 0:22:39 | 0:22:43 | |
Not only that, but solicitor Gary Rycroft believes the couple | 0:22:43 | 0:22:45 | |
should never have been offered the trust in the first place. | 0:22:45 | 0:22:50 | |
The thing about property trusts | 0:22:50 | 0:22:51 | |
is it's better to do them sooner rather than later. | 0:22:51 | 0:22:53 | |
In this case, if the couple had gone into care | 0:22:53 | 0:22:56 | |
within six or 12 months of making the gift, | 0:22:56 | 0:22:59 | |
then there was a significant risk | 0:22:59 | 0:23:02 | |
the local would overturn the gift. | 0:23:02 | 0:23:04 | |
And in that case, the fees they had paid to set up the property trust | 0:23:04 | 0:23:07 | |
would have been wasted. | 0:23:07 | 0:23:09 | |
I think the point is that it is risky | 0:23:10 | 0:23:12 | |
and so if you're entering into this kind of arrangement, | 0:23:12 | 0:23:15 | |
the risk needs to be pointed out to you. | 0:23:15 | 0:23:18 | |
We contacted National Legal Assistance, | 0:23:18 | 0:23:20 | |
but have had no response from them. | 0:23:20 | 0:23:23 | |
Which perhaps isn't surprising. | 0:23:23 | 0:23:26 | |
It's part of a company that has been officially wound up | 0:23:26 | 0:23:29 | |
by the Insolvency Service | 0:23:29 | 0:23:30 | |
after concerns were raised about their sales techniques | 0:23:30 | 0:23:34 | |
and business conduct. | 0:23:34 | 0:23:35 | |
It's unclear where this leaves customers like Joan and Harold, | 0:23:35 | 0:23:39 | |
and there are lots of them. | 0:23:39 | 0:23:41 | |
It's known the companies closed down by the Insolvency Service | 0:23:41 | 0:23:44 | |
made more than £1 million in sales. | 0:23:44 | 0:23:47 | |
You can only put it down to experience, | 0:23:50 | 0:23:52 | |
but they're experiences that we don't need at our age. | 0:23:52 | 0:23:56 | |
And it's, you know, our time for... | 0:23:58 | 0:24:02 | |
-Wasted three month of our life really. -Yeah! | 0:24:04 | 0:24:08 | |
Nothing's happened, only arguments. | 0:24:08 | 0:24:12 | |
The money doesn't really matter. | 0:24:12 | 0:24:16 | |
-We've written it off. -It's the principle. -It's the principle. | 0:24:16 | 0:24:19 | |
Opening up our very own pop-up shop on Rip Off Britain | 0:24:23 | 0:24:26 | |
has turned out to be a wonderful idea. | 0:24:26 | 0:24:29 | |
So many people have turned up. | 0:24:29 | 0:24:31 | |
We have all the experts and we're very happy to help. | 0:24:31 | 0:24:33 | |
It's been great to meet people face to face. | 0:24:37 | 0:24:40 | |
BBC Learning have been helping people improve their maths, | 0:24:40 | 0:24:44 | |
which should help avoid those rip offs. | 0:24:44 | 0:24:46 | |
And our experts have been pointing people in the right direction, | 0:24:46 | 0:24:48 | |
like John and Jane Lamb | 0:24:48 | 0:24:49 | |
who want advice on broadband from phone expert Mike Wilson | 0:24:49 | 0:24:55 | |
about an unwanted TV package. | 0:24:55 | 0:24:57 | |
So obviously you had your broadband and phone with this provider | 0:24:57 | 0:25:01 | |
and then just out of the blue they sent you this TV box to add on. | 0:25:01 | 0:25:05 | |
-Yeah. -And then instantly started taking the direct debit as well? -Yes. | 0:25:05 | 0:25:08 | |
Just extended it, didn't they? | 0:25:08 | 0:25:09 | |
They changed the amount you actually originally paid. | 0:25:09 | 0:25:12 | |
The box has been returned, I've sent to cancel the direct debit, | 0:25:12 | 0:25:15 | |
to stop them taking any more money off me. | 0:25:15 | 0:25:17 | |
Well that also meant cancelling me broadband as well. | 0:25:17 | 0:25:20 | |
It sounds like you have had a case on your hands | 0:25:20 | 0:25:22 | |
and what you can go back to them and say, "I've not had a contract." | 0:25:22 | 0:25:25 | |
"If you'd have sent me a contract..." | 0:25:25 | 0:25:27 | |
As a consumer you would have had 14 days to cancel at that stage. | 0:25:27 | 0:25:30 | |
That's not happened, so they've not given you that opportunity. | 0:25:30 | 0:25:34 | |
I'd say it is worth picking up with the likes of Trading Standards, | 0:25:34 | 0:25:37 | |
Citizen's Advice Bureau, | 0:25:37 | 0:25:40 | |
make sure you keep hold of all the documentation, | 0:25:40 | 0:25:42 | |
keep an account of everything you're paying and have done | 0:25:42 | 0:25:45 | |
since the issue arose in the first place. | 0:25:45 | 0:25:47 | |
Follow up with Trading Standards, | 0:25:47 | 0:25:49 | |
if you don't get any joy, you can escalate it | 0:25:49 | 0:25:51 | |
to two people within the communications industry. | 0:25:51 | 0:25:54 | |
You can go to a group called CISAS.org.uk. | 0:25:54 | 0:25:56 | |
And they are the Communications And Internet Service Authority. | 0:25:56 | 0:26:01 | |
You can also go to the ombudsman's service as well. | 0:26:01 | 0:26:03 | |
Without a shadow of a doubt you're in the right here. | 0:26:03 | 0:26:05 | |
Make sure you stand up for yourselves | 0:26:05 | 0:26:07 | |
and make sure they give you a full refund. | 0:26:07 | 0:26:10 | |
Remain persistent and get the money back you're owed. | 0:26:10 | 0:26:13 | |
Very good advice. | 0:26:14 | 0:26:15 | |
How to complain successfully has come up time and time again | 0:26:15 | 0:26:19 | |
in our pop-up shop | 0:26:19 | 0:26:20 | |
as our Rip Off researchers have been telling us. | 0:26:20 | 0:26:23 | |
What about the general sense that people, it's not that they don't know how to complain, | 0:26:23 | 0:26:28 | |
they do complain, but they never get any satisfaction - | 0:26:28 | 0:26:31 | |
has that been something that has come up? | 0:26:31 | 0:26:34 | |
Yes, a lot of people seem to think that it takes too long to complain. | 0:26:34 | 0:26:37 | |
You're having to complain over and over again | 0:26:37 | 0:26:40 | |
to different people every time you speak to a company. | 0:26:40 | 0:26:43 | |
I've spoken to a lot of people today who have found | 0:26:43 | 0:26:46 | |
that they do want to complain but they don't have the time to do it. | 0:26:46 | 0:26:50 | |
A lot of people coming in today | 0:26:50 | 0:26:52 | |
have exhausted every possible option | 0:26:52 | 0:26:54 | |
that they think is available to them | 0:26:54 | 0:26:56 | |
so speaking to our experts today | 0:26:56 | 0:26:58 | |
has really fired them up again to fight these big companies. | 0:26:58 | 0:27:01 | |
For more tips on how to fight back, | 0:27:03 | 0:27:05 | |
if you feel you've been ripped off, do visit our website at: | 0:27:05 | 0:27:11 | |
Next, a couple who did everything they could | 0:27:16 | 0:27:19 | |
to plan for their family's future but it still went completely wrong. | 0:27:19 | 0:27:23 | |
Roger and Francois wanted to leave their children | 0:27:23 | 0:27:27 | |
financially secure and avoid them being hit by inheritance tax. | 0:27:27 | 0:27:30 | |
So, they took advice on the best products available. | 0:27:30 | 0:27:34 | |
But 10 years later, | 0:27:34 | 0:27:36 | |
they were told the value of what they had bought | 0:27:36 | 0:27:38 | |
had plummeted and suddenly, it wasn't worth | 0:27:38 | 0:27:41 | |
anything like what they thought they had been guaranteed. | 0:27:41 | 0:27:44 | |
I think it's very important to prepare for the future. | 0:27:48 | 0:27:52 | |
One reads every day in the press about | 0:27:52 | 0:27:55 | |
the huge numbers of people who die without having a will | 0:27:55 | 0:28:00 | |
or having made plans for their children or grandchildren. | 0:28:00 | 0:28:03 | |
Like many parents, Roger Middleton and his wife Francois | 0:28:03 | 0:28:06 | |
planned to leave all their assets, mainly the house, | 0:28:06 | 0:28:08 | |
to their three children, divided equally between them. | 0:28:08 | 0:28:12 | |
When we took out the initial mortgage, | 0:28:12 | 0:28:14 | |
we had an insurance policy which was running in tandem with it. | 0:28:14 | 0:28:19 | |
And when the mortgage was cleared, we reviewed that. | 0:28:19 | 0:28:23 | |
They were worried about how their children would pay | 0:28:25 | 0:28:27 | |
any inheritance tax on their estate | 0:28:27 | 0:28:29 | |
so 12 years ago, they took out a whole of life insurance policy | 0:28:29 | 0:28:33 | |
with Scottish Provident. | 0:28:33 | 0:28:34 | |
It had a face value of £160,000 | 0:28:34 | 0:28:38 | |
and would pay out when both the Middletons had died. | 0:28:38 | 0:28:41 | |
One wanted to make sure | 0:28:42 | 0:28:45 | |
that we were leaving financial matters as tidy as possible | 0:28:45 | 0:28:48 | |
and giving as much protection as possible to our children. | 0:28:48 | 0:28:51 | |
Though the premiums increased slightly each year | 0:28:51 | 0:28:55 | |
for the next 10 years, Roger and Francois knew this meant | 0:28:55 | 0:28:58 | |
the payout would keep pace with inflation | 0:28:58 | 0:29:00 | |
and hoped it would be a huge help to their children in the future. | 0:29:00 | 0:29:04 | |
We were feeling very good about it. | 0:29:04 | 0:29:06 | |
We continued to pay our premiums each year. | 0:29:06 | 0:29:09 | |
We eventually managed to get out of them | 0:29:09 | 0:29:11 | |
that at the current valuation, | 0:29:11 | 0:29:14 | |
it was worth 243,000 in round terms. | 0:29:14 | 0:29:18 | |
So, we felt pretty good about that. | 0:29:18 | 0:29:21 | |
But not long after that new valuation, | 0:29:21 | 0:29:23 | |
the couple were shocked | 0:29:23 | 0:29:25 | |
to find that following a review of their policy, | 0:29:25 | 0:29:27 | |
they were now faced with two options, | 0:29:27 | 0:29:30 | |
neither of which they liked. | 0:29:30 | 0:29:32 | |
Option one was to maintain the current value of the policy, | 0:29:32 | 0:29:38 | |
i.e. the original 160,000. | 0:29:38 | 0:29:41 | |
But for that, we would have now to pay something like £3,400 a year. | 0:29:41 | 0:29:47 | |
Not impressed at all. | 0:29:47 | 0:29:49 | |
Option two was to continue to pay what we were currently paying, | 0:29:49 | 0:29:56 | |
this year, | 0:29:56 | 0:29:57 | |
but the value would then fall to 38,000. | 0:29:57 | 0:30:00 | |
In other words, a quarter, approximately, | 0:30:02 | 0:30:05 | |
of the original face value, | 0:30:05 | 0:30:07 | |
i.e., the original 160,000. | 0:30:07 | 0:30:09 | |
So, we were not amused. | 0:30:10 | 0:30:12 | |
The brochure for the policy | 0:30:14 | 0:30:16 | |
does state that it would be reviewed after 10 years. | 0:30:16 | 0:30:19 | |
However, Roger and Francois maintain | 0:30:19 | 0:30:21 | |
they were never told the review could have such a dramatic result. | 0:30:21 | 0:30:25 | |
I think and the time, if one had known the sort of uplift | 0:30:25 | 0:30:29 | |
there was going to be, 10 years, 12 years on, | 0:30:29 | 0:30:32 | |
we would probably have not gone with that option. | 0:30:32 | 0:30:35 | |
Reviewable premiums on policies like these | 0:30:35 | 0:30:39 | |
is something the financial ombudsman service hears about a lot. | 0:30:39 | 0:30:43 | |
The consumer is saying that | 0:30:43 | 0:30:45 | |
if it was made clear to them at the start of the policy | 0:30:45 | 0:30:48 | |
that the premiums could increase substantially, | 0:30:48 | 0:30:50 | |
they'd have made a different decision about taking out the policy. | 0:30:50 | 0:30:53 | |
Sometimes, they are left in the position of deciding | 0:30:53 | 0:30:56 | |
whether they'll take a doubling of the premiums | 0:30:56 | 0:30:59 | |
or a big cut in the lump sum they can receive at the end. | 0:30:59 | 0:31:02 | |
This can be quite significant because if somebody | 0:31:02 | 0:31:05 | |
has been planning for the future, | 0:31:05 | 0:31:06 | |
and then learns the amount they can expect to pay out is much smaller, | 0:31:06 | 0:31:10 | |
they can be very disappointed. | 0:31:10 | 0:31:12 | |
Roger is amongst the people | 0:31:12 | 0:31:13 | |
who have taken their complaint to the Financial Ombudsman Service. | 0:31:13 | 0:31:17 | |
It ordered the company to refund three years worth of premiums | 0:31:17 | 0:31:21 | |
because the review had been done three years later | 0:31:21 | 0:31:24 | |
than it should have been. | 0:31:24 | 0:31:25 | |
It is better to get something back then nothing, | 0:31:25 | 0:31:28 | |
but the real bitter pill is the fact that the £160,000 | 0:31:28 | 0:31:33 | |
or its increased value - 240 odd thousand, | 0:31:33 | 0:31:35 | |
has just vanished into thin air. | 0:31:35 | 0:31:38 | |
Scottish Provident is now part of Phoenix Life Limited, | 0:31:38 | 0:31:42 | |
who told us that given the Middletons' age | 0:31:42 | 0:31:44 | |
when they took out the policy, | 0:31:44 | 0:31:45 | |
it was inevitable their premiums would increase | 0:31:45 | 0:31:48 | |
when there was a review as the chances of a claim would be greater. | 0:31:48 | 0:31:52 | |
They agree they made an error doing the review late | 0:31:52 | 0:31:55 | |
and are sorry the Middletons were shocked to hear its effect | 0:31:55 | 0:31:58 | |
but say it was the responsibility of the couple's financial advisers | 0:31:58 | 0:32:01 | |
to insure they understood exactly what the review would mean. | 0:32:01 | 0:32:05 | |
So, we spoke to those advisers, a company called Brewin Dolphin. | 0:32:05 | 0:32:08 | |
They emphasise that using insurance products of this type | 0:32:08 | 0:32:12 | |
to minimise tax liabilities isn't suitable for everyone | 0:32:12 | 0:32:16 | |
but insist it did make sense for Roger. | 0:32:16 | 0:32:18 | |
They are adamant the Middleton's knew there would be a review | 0:32:18 | 0:32:21 | |
and had been given an option to avoid it by paying higher premiums. | 0:32:21 | 0:32:24 | |
They're sorry Roger was surprised by all this | 0:32:24 | 0:32:27 | |
but say they find it difficult to see how he could have been. | 0:32:27 | 0:32:31 | |
But the couple feel | 0:32:31 | 0:32:32 | |
the choice they have been left with is no choice at all. | 0:32:32 | 0:32:36 | |
Pay the same premiums and end up with less | 0:32:36 | 0:32:39 | |
or pay higher premiums and still get less. | 0:32:39 | 0:32:42 | |
It's impossible, really, for us to continue and therefore, | 0:32:42 | 0:32:45 | |
we will have to see if they are any other viable options. | 0:32:45 | 0:32:49 | |
So, Roger has decided that the best option for him now | 0:32:49 | 0:32:52 | |
is to surrender his policy for no value. | 0:32:52 | 0:32:56 | |
He's sticking to savings so he's in charge | 0:32:56 | 0:32:58 | |
and there will be no review around the corner. | 0:32:58 | 0:33:01 | |
You know the old saying, where there's a will, there's a way, | 0:33:05 | 0:33:09 | |
well, that saying could act | 0:33:09 | 0:33:10 | |
as a warning to someone who chooses to employ | 0:33:10 | 0:33:13 | |
a will writing service to draw up their will, as opposed to a lawyer. | 0:33:13 | 0:33:17 | |
The legal ombudsman, this year, | 0:33:17 | 0:33:18 | |
issued a warning about the will writing business | 0:33:18 | 0:33:21 | |
because currently, it's totally unregulated. | 0:33:21 | 0:33:24 | |
In other words, anyone can set up shop, offering their services, | 0:33:24 | 0:33:28 | |
indeed, charging whatever they like. | 0:33:28 | 0:33:30 | |
Meet Jude Southwick. She looks happy, doesn't she? | 0:33:33 | 0:33:36 | |
Well, she's feeling triumphant after a recent victory | 0:33:36 | 0:33:39 | |
here in court, where she won back more than £400 | 0:33:39 | 0:33:42 | |
that she had paid to a will writing company. | 0:33:42 | 0:33:45 | |
It's a year and a half since she handed over the money. | 0:33:45 | 0:33:49 | |
Jude and her husband had approached the company, | 0:33:49 | 0:33:53 | |
asking them to make a couple of changes to their wills. | 0:33:53 | 0:33:56 | |
I told him that it was very simple alterations that I needed | 0:33:56 | 0:34:01 | |
and he said, no, no, no, you would need a new will | 0:34:01 | 0:34:04 | |
and quoted a price for the two wills for £199 and said... | 0:34:04 | 0:34:09 | |
And we arranged a meeting | 0:34:09 | 0:34:11 | |
and he said he would send a pre-visit brochure. | 0:34:11 | 0:34:14 | |
But the brochure from the company didn't arrive | 0:34:14 | 0:34:17 | |
before the arranged meeting, so when their will writer came around, | 0:34:17 | 0:34:21 | |
Jude says she was unable to make head or tail | 0:34:21 | 0:34:24 | |
of a lot of what he said, | 0:34:24 | 0:34:26 | |
including how the fees were worked out. | 0:34:26 | 0:34:29 | |
He proceeded with the meeting which was very, very drawn out | 0:34:29 | 0:34:34 | |
and confused my husband and I. | 0:34:34 | 0:34:37 | |
He asked us who we wanted to be trustees and executors | 0:34:39 | 0:34:43 | |
and what if they couldn't do it and it went on and on and on. | 0:34:43 | 0:34:47 | |
At the end of the meeting, | 0:34:47 | 0:34:48 | |
Jude was staggered to be asked for a cheque for nearly £600, | 0:34:48 | 0:34:52 | |
three times the amount she said she was first quoted. | 0:34:52 | 0:34:56 | |
I was very shocked but I did pay it, | 0:34:56 | 0:34:59 | |
so I wrote a cheque for £599, regrettably. | 0:34:59 | 0:35:03 | |
Already disappointed at paying more than she'd hoped, | 0:35:05 | 0:35:08 | |
Jude was even more unhappy when the company sent through the wills. | 0:35:08 | 0:35:12 | |
When the draft wills arrived, they didn't contain wishes. | 0:35:12 | 0:35:16 | |
He had put the financial adviser as adviser to our estate | 0:35:16 | 0:35:21 | |
and he had to put a corporation trust as trustees. | 0:35:21 | 0:35:25 | |
That was quite a long way down the will. | 0:35:25 | 0:35:27 | |
It was very difficult for us to understand them, | 0:35:27 | 0:35:30 | |
so we didn't know if they'd been written correctly or not. | 0:35:30 | 0:35:33 | |
There were other elements of the wills that Jude wasn't happy with, | 0:35:36 | 0:35:39 | |
or that she didn't need at all. | 0:35:39 | 0:35:41 | |
It took two months and several re-writes | 0:35:41 | 0:35:44 | |
before the final wills were sorted. | 0:35:44 | 0:35:46 | |
When Jude got the invoice, she spotted that part of the cost | 0:35:46 | 0:35:50 | |
was a charge of £200 just for the wills to be stored. | 0:35:50 | 0:35:54 | |
I wrote a letter and said that we hadn't ordered the storage | 0:35:55 | 0:36:00 | |
and he sent £100 back as a gesture of goodwill. | 0:36:00 | 0:36:05 | |
But Jude didn't think that was enough, | 0:36:05 | 0:36:08 | |
so she rang the advice service, Consumer Direct, | 0:36:08 | 0:36:10 | |
who told her that it sounded like the contract was invalid | 0:36:10 | 0:36:13 | |
because the company had failed to provide a cooling off period, | 0:36:13 | 0:36:17 | |
something anyone selling in a customer's home has got to do. | 0:36:17 | 0:36:20 | |
Jude took her various complaints about the wills to the County Court | 0:36:22 | 0:36:27 | |
and that's why she's smiling, | 0:36:27 | 0:36:28 | |
because the judge ruled that the company should refund her | 0:36:28 | 0:36:31 | |
a further £419. | 0:36:31 | 0:36:35 | |
The company has told us | 0:36:35 | 0:36:37 | |
that they disagree with Jude's versions of the events, | 0:36:37 | 0:36:40 | |
insisting its prices are competitive | 0:36:40 | 0:36:42 | |
and claiming that the issue only became protracted | 0:36:42 | 0:36:45 | |
because Jude was mistaken on various points and kept changing her mind. | 0:36:45 | 0:36:50 | |
Although the company Jude used does have plenty of experience, | 0:36:50 | 0:36:54 | |
she was surprised during her legal battle | 0:36:54 | 0:36:56 | |
to find that the will writing industry isn't regulated. | 0:36:56 | 0:37:00 | |
You don't need a legal qualification to write one. | 0:37:00 | 0:37:03 | |
Points she's raised with her local MP. | 0:37:03 | 0:37:06 | |
The Ministry of Justice is now going to have a full consultation on this, | 0:37:06 | 0:37:11 | |
which will be conducted by the Legal Services Board | 0:37:11 | 0:37:14 | |
and they're going to consult with the Law Society | 0:37:14 | 0:37:17 | |
and the Institute of Professional Will Writers. | 0:37:17 | 0:37:20 | |
I think you've got a success story. | 0:37:20 | 0:37:22 | |
Although her case is now resolved, | 0:37:22 | 0:37:24 | |
Judith's keen that other people don't go through a similar experience. | 0:37:24 | 0:37:28 | |
I really want to try and do something about it | 0:37:28 | 0:37:31 | |
so it saves other people the same thing happening to them. | 0:37:31 | 0:37:34 | |
It's something that we all shy away from, | 0:37:39 | 0:37:42 | |
but one of the most important documents | 0:37:42 | 0:37:44 | |
any of us will ever draw up is a will. | 0:37:44 | 0:37:47 | |
Traditionally, a trip to the solicitor would do the job, | 0:37:47 | 0:37:50 | |
but nowadays it seems that anyone can write up and administer a will. | 0:37:50 | 0:37:55 | |
Crispin Passmore, from Legal Services, is here to answer, why? | 0:37:55 | 0:37:58 | |
Crispin, call me naive | 0:37:58 | 0:38:00 | |
but how is it possible that anybody can write a will? | 0:38:00 | 0:38:04 | |
The regulation of legal services has grown around the needs | 0:38:04 | 0:38:07 | |
of the legal profession, perhaps rather around the needs of consumers | 0:38:07 | 0:38:11 | |
and needs of people that want to get their will written. | 0:38:11 | 0:38:13 | |
We're in place to change that and make sure | 0:38:13 | 0:38:16 | |
all the different bodies involved in looking after this area, | 0:38:16 | 0:38:20 | |
-do it in the interests of consumers. -How tenacious are you about that? | 0:38:20 | 0:38:24 | |
We're relentless in the way we look at consumer focus on regulation | 0:38:24 | 0:38:28 | |
and the way lawyers and will writers operate in this market. | 0:38:28 | 0:38:32 | |
It's going to take some time to change things. | 0:38:32 | 0:38:35 | |
We're collecting evidence about will writers, | 0:38:35 | 0:38:37 | |
we're collecting evidence about how solicitors work. | 0:38:37 | 0:38:40 | |
There's as many problems as there are with regulated professionals | 0:38:40 | 0:38:43 | |
in this area as there are with unregulated firms. | 0:38:43 | 0:38:46 | |
It seems ridiculous to me | 0:38:46 | 0:38:47 | |
that something as important as a will can just be done by anybody. | 0:38:47 | 0:38:52 | |
We should remember that perhaps 80% or more of the wills | 0:38:52 | 0:38:56 | |
and the services around them are delivered perfectly well. | 0:38:56 | 0:38:59 | |
Let's not throw the baby out with the bathwater. | 0:38:59 | 0:39:01 | |
But there are some problems we need to tackle, | 0:39:01 | 0:39:04 | |
but half the population doesn't have a will written. | 0:39:04 | 0:39:08 | |
People shy away from it altogether. | 0:39:08 | 0:39:10 | |
They do and if we push the price up and less people get wills written, | 0:39:10 | 0:39:14 | |
that's not a good outcome either. | 0:39:14 | 0:39:16 | |
In the old days, as far as my family were concerned, | 0:39:16 | 0:39:19 | |
you automatically thought of a solicitor | 0:39:19 | 0:39:21 | |
to draw up your will and to execute it. | 0:39:21 | 0:39:23 | |
But now that anybody can do it do you think it's because | 0:39:23 | 0:39:26 | |
people shy away from it and it's a cheaper option? | 0:39:26 | 0:39:30 | |
I don't want to go to the solicitor's office, | 0:39:30 | 0:39:33 | |
I'll take this person who will come to my house. | 0:39:33 | 0:39:35 | |
People seem to make a range of different things | 0:39:35 | 0:39:38 | |
to help them choose where to go. | 0:39:38 | 0:39:40 | |
We know consumers think will writers are more likely to be lower-priced, | 0:39:40 | 0:39:45 | |
but we know that lots of them are scared of going to a solicitor. | 0:39:45 | 0:39:49 | |
I always think we should say to consumers, | 0:39:49 | 0:39:52 | |
you wouldn't choose a television by going into one shop | 0:39:52 | 0:39:55 | |
or by inviting one person into your house | 0:39:55 | 0:39:57 | |
and buying the first thing they show. | 0:39:57 | 0:39:59 | |
Go and look around the regulated sector, the unregulated sector. | 0:39:59 | 0:40:04 | |
Ask about their prices, | 0:40:04 | 0:40:06 | |
about whether or not you can go to an ombudsman. | 0:40:06 | 0:40:08 | |
Ask about their insurance and ask to speak to satisfied customers. | 0:40:08 | 0:40:12 | |
If you don't think they're going to listen to you, go somewhere else. | 0:40:12 | 0:40:15 | |
We've talked about the mistakes will writing companies make | 0:40:15 | 0:40:19 | |
in that they put in executors | 0:40:19 | 0:40:20 | |
that maybe the client never even heard of. | 0:40:20 | 0:40:23 | |
But the same thing happens with banks | 0:40:23 | 0:40:26 | |
and with some solicitors in that when people, if they don't know, | 0:40:26 | 0:40:29 | |
the bank will go, "Do you want me to be your executor?" | 0:40:29 | 0:40:32 | |
They go, "That will be fine," | 0:40:32 | 0:40:33 | |
not knowing you can charge almost as much money as you want | 0:40:33 | 0:40:37 | |
to execute the will. | 0:40:37 | 0:40:39 | |
That's not transparent and that's not fair. | 0:40:39 | 0:40:41 | |
No, and one of the things we're looking at | 0:40:41 | 0:40:44 | |
is about inappropriate bundling of services, | 0:40:44 | 0:40:47 | |
making sure people only buy what they want to buy | 0:40:47 | 0:40:50 | |
and that things that shouldn't be sold together aren't sold together. | 0:40:50 | 0:40:53 | |
We're working with the Solicitors' Regulation Authority | 0:40:53 | 0:40:56 | |
and the Office of Fair Trading and we've had some success | 0:40:56 | 0:40:59 | |
getting banks and law firms to change their practice. | 0:40:59 | 0:41:02 | |
We need to make sure all of them do. | 0:41:02 | 0:41:04 | |
-Crispin, I hope you make it happen. -Thank you very much. | 0:41:04 | 0:41:07 | |
Here at Rip Off Britain we're always ready to investigate | 0:41:08 | 0:41:12 | |
more of your stories. | 0:41:12 | 0:41:13 | |
Confused over your bills? | 0:41:13 | 0:41:16 | |
Trying to wade your way through small print | 0:41:16 | 0:41:19 | |
that leaves you totally confused? | 0:41:19 | 0:41:21 | |
I might have been stupid for not reading it, | 0:41:21 | 0:41:23 | |
or I've read it and not took it in. | 0:41:23 | 0:41:26 | |
I could kick myself, I really could. | 0:41:26 | 0:41:28 | |
Unsure what to do when you discover you've lost out | 0:41:28 | 0:41:31 | |
and that great deal has ended up costing you money? | 0:41:31 | 0:41:35 | |
I thought this cannot be true. | 0:41:35 | 0:41:37 | |
It's totally unacceptable. I was so angry. | 0:41:37 | 0:41:40 | |
You might have a cautionary tale | 0:41:40 | 0:41:42 | |
of your own and want to share the mistakes you've made | 0:41:42 | 0:41:45 | |
with us so that other people don't do the same thing. | 0:41:45 | 0:41:48 | |
No-one knows about this, this is very strange to me. | 0:41:48 | 0:41:51 | |
I really would like to get this much clearer. | 0:41:51 | 0:41:54 | |
Don't forget you can always write to us. | 0:41:54 | 0:42:00 | |
Or you can always get in touch by sending us an e-mail. | 0:42:05 | 0:42:13 | |
Don't forget the Rip Off team is ready and waiting | 0:42:13 | 0:42:16 | |
to investigate your stories. | 0:42:16 | 0:42:19 | |
I have to say, and I don't know how you two feel about this, | 0:42:19 | 0:42:23 | |
but it's been very clear from the stories we've heard, | 0:42:23 | 0:42:27 | |
and indeed the amount of letters and e-mails that you sent us, | 0:42:27 | 0:42:30 | |
that when a company doesn't very clearly explain their procedures, | 0:42:30 | 0:42:34 | |
contracts and bills, | 0:42:34 | 0:42:36 | |
then you can very easily end up losing out. | 0:42:36 | 0:42:39 | |
Absolutely. | 0:42:39 | 0:42:41 | |
We always say make sure you go through your paperwork | 0:42:41 | 0:42:44 | |
with a fine tooth comb | 0:42:44 | 0:42:45 | |
and if in doubt, always get it checked out. | 0:42:45 | 0:42:48 | |
I agree with both of you implicitly. | 0:42:48 | 0:42:50 | |
Never ever be afraid to seek assistance | 0:42:50 | 0:42:53 | |
because it could end up saving you a huge amount of money. | 0:42:53 | 0:42:56 | |
Next time we'll be tackling more of your stories. | 0:42:56 | 0:42:59 | |
Until then thank you for your company | 0:42:59 | 0:43:02 | |
-and from all of us, bye-bye. -Bye-bye. -Bye. | 0:43:02 | 0:43:04 | |
E-mail [email protected] | 0:43:09 | 0:43:14 | |
Subtitles by Red Bee Media | 0:43:14 | 0:43:18 |