Episode 3 Rip Off Britain


Episode 3

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Transcript


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We asked you to tell us who has left you feeling ripped off.

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And you contacted us in your thousands - by post, e-mail,

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even stopping us on the streets.

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And the message could not be clearer...

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They're in it for what they can get.

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They're not in it to provide a service.

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I didn't sleep. It upset me so much that I didn't sleep.

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You've told us, with money tighter than ever,

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you need to be sure that every pound you spend is worth it.

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How do I get my money back? Cos I think I'm entitled to it.

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So, whether it's a deliberate rip-off,

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a simple mistake

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or a catch in the small print,

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we'll find out why you're out of pocket and what you can do about it.

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Keep asking the questions. Go to the top, if you have to.

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We DO get results, 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 a very warm welcome to Rip-Off Britain,

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where it's our job to get to the bottom of why you've had a raw deal,

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or, indeed, if you feel you're not getting the service you expect,

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and, indeed, deserve.

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Whether it by pounds or pennies,

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the people we'll meet today all feel they've lost out,

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and they want to know why, so we'll be getting answers for them

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and making sure that you know how to avoid the same sort of upset.

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So, there's plenty of good advice coming up,

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because some of the situations we're going to be hearing about

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involve everyday costs or annoyances -

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the sort of things that really could very easily happen to any one of us.

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But, as you'll see,

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they can end up causing a lot more bother than you'd bargained for.

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Coming up, some of most memorable stories we've covered in the past.

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The former nurse who thought she'd taken out a £17,000 mortgage.

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So, how come her bank now says she owes them £100,000?

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I was just shattered.

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I couldn't believe this was happening to me.

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The families being charged hundreds of pounds by care homes

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after their relatives have died.

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Just because it's legal doesn't make it morally or ethically right.

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This is charging the dead, really, for a service they've not had.

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And we open our doors to try

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and solve some of your problems on the spot.

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We declare our pop-up shop... ALL: Open!

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Now, what do you have to do to be classed as "occupying your home"?

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Does it mean that you stay there overnight?

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Or is it being at the property every day?

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Now, I admit that may seem rather an odd question,

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but it is one that really matters when it comes to house insurance.

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Andrew Hill is a carpenter, skilled at what he does.

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So, when he and his girlfriend Chaska decided to buy a house

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in the town of Glastonbury, they wanted one that THEY could work on.

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And with a bit of financial help from his dad, and a mortgage,

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they found the perfect bungalow, priced at £138,000.

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We decided to go for a really run-down bungalow that needed

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a lot of work doing to it. And a project for me.

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With all the paperwork done and dusted, via a consultant

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at Countrywide Estate Agents, the redevelopment began.

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For 12 months, at evenings and weekends,

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they worked on the project.

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Coming to the end, it was looking amazing.

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Every room we were happy with. It was basically ready to move in.

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But on the night of April 9th, 2011,

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just two weeks before they were due to move in, disaster struck.

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A neighbour's home caught fire and the fire quickly spread

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to Andrew and Chaska's house, with devastating consequences.

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I got the call from my best friend's sister and she said,

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"Your neighbour's house is on fire" and, within 20 minutes,

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half an hour, it was ripping through our roof.

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And I just couldn't believe what I was seeing. I felt sick,

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gutted, shocked.

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This big room here

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and that bit over there is the extension which Andrew built.

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And this bit here, which is now the kitchen, was the second bedroom.

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So, this was the original kitchen,

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which was now being turned into the third bedroom.

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And it was beautiful and ready to move into.

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As all of their hard work burnt to the ground in front of them,

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their only comfort was that, along with their mortgage,

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they'd taken out home protection and buildings insurance.

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Everyone kept reassuring us, saying, "Don't worry, you're insured,

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"it'll be OK, it's just going to be tough for a few months."

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But that was an understatement.

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They put in a claim on their policy,

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which, though organised by Countrywide, was underwritten

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by Axa, one of the biggest names in the insurance business.

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Their claim was rejected, on the grounds that the house

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wasn't permanently lived in during renovation.

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They said, "If we'd known what your plans were,

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"we would never have insured you."

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And, basically, our insurance was void, because the property...

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they said the property was unoccupied.

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This is how Axa's policy spells out what they say "unoccupied" means.

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"Unoccupied - not permanently lived in by you or by a person

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"authorised by you for more than 60 consecutive days."

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That's what it says.

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But it's the ambiguity over what the word "occupied" means

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that was at the root of Andrew's problems.

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There is, in fact, no standard industry definition.

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As far as Andrew was concerned, because he was at the house

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every day, and the occasional night,

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he WAS occupying it.

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And that's how his dad, Paul, understood things, too.

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We've been quite open,

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explained our situation on numerous occasions.

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And completely overwhelmed, shocked now, by the way it's turned out.

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All because of the words "occupancy" and "unoccupancy".

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I can't get it out of my head, those two words...

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..and how we're in a battle now, trying to prove it.

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Andrew insists that when he bought the policy at Countrywide,

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who'd also arranged his mortgage for him, he'd explained in detail

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exactly what he'd be doing at the house and how often he'd be there.

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And his dad, who was also at the meeting with the broker, agrees.

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There's absolutely no doubt in my mind that the mortgage consultant

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knew exactly what our plans were.

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We discussed it in great detail. We went through every question,

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we discussed our plans, we told her we was not going to be

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living in there, that we were going to be doing modernisation works

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and when all the works were completed,

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Andrew would be moving in.

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So, how did Andrew end up with a policy that did not seem

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to give him the cover that he needed?

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A question that, when they rejected his claim,

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insurers Axa said THEY couldn't answer.

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When speaking to Axa, they'd come back to us

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and said our argument was with the broker.

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So we went back to the broker and...

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..they basically said that we never told her.

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Unfortunately, we are told,

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regardless of whatever we said, there is nothing there to prove

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what went on at that meeting in that office that night.

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And we are trying to...

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..fight a battle.

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And we can't prove what was said.

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But there should have been an easy way to clear all this up.

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The Financial Services Authority has guidelines requiring anyone

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selling insurance to keep careful notes of the meetings

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that they have, so that, if later, there is a dispute of exactly

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what was said, those notes can settle it.

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But Countrywide has failed to produce any such records.

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As a result, when Andrew

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took his case to the Financial Ombudsmen Service,

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their initial response was to say that

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they were not minded to uphold his complaint,

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because without any recordings or detailed notes of the sales

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meetings with Countrywide,

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there was no evidence to suggest the policy had been mis-sold.

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But Andrew and Chaska were determined not to give up.

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For them, it made no sense that, after Andrew had spent

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all of his free time doing up the house,

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that wasn't enough to mean that he occupied it permanently.

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Every single morning, evening, the doors opened to that property.

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I never left the property for more than 30 days,

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even two days, because I just wanted to keep on battling through,

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to get it finished, to move in.

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We spoke to insurers Axa about Andrew's situation.

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And they reiterated that his claim was rejected

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because the house was not "permanently" occupied -

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a fact that they'd only known about after the fire.

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They told us that, if they'd been aware of that

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at the time of purchase, they would not have provided cover.

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And they bounced the issue back towards Countrywide,

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saying it was their responsibility...

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When we pushed Countrywide for an explanation,

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they just said that...

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And they didn't explain why they hadn't been able to produce

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any notes at all from the sales meeting they had with Andrew,

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as the guidelines said they should.

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But then in July 2012, there was some encouraging news.

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After looking at the case again, the Financial Ombudsmen Service

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upheld Andrew's complaint against Countrywide, concluding

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that the policy WAS mis-sold, on the basis of all the evidence.

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So, we went back to Countrywide once more.

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They told us they were reviewing the case, but it wasn't clear how,

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or if, the case would be resolved, leaving Andrew and Chaska

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worried that they still faced losing the entire value of their home.

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The fire actually started in our next door neighbour's house,

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but, as you can see, their house has been rebuilt

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because their insurance has paid out.

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Whereas, our house is still left like this, our insurance won't pay.

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At the moment, we're stuck between the broker and the insurer

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and I've still got pay for the mortgage, my loans,

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for this pile of rubbish.

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But then in August 2012, after we'd been contacting everyone

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involved over several months, there was a very welcome final twist.

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Insurers Axa rang Andrew at work with a change of heart.

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I had to go outside because I couldn't hear the lady properly,

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and then she said,

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"Axa are going to pay for the full rebuild of your house."

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And it was just...

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It was like winning the lottery ticket

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and I was just running around, shouting...

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Jumping around. We both were.

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You come home from work, didn't you, cos you were like,

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"I need to sit down and take this information in." I couldn't...

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I just couldn't work any more.

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I was walking around, just smiling, shouting...

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Ringing all my friends up, saying, "Guess what?

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"They're going to pay!"

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Axa told us, after reviewing the case in more detail,

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they understand that Andrew

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answered all of the application questions honestly

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and should not be disadvantaged

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as a result of miscommunication between them and Countrywide.

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They've now paid the claim in full and given compensation!

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It's finally coming to an end.

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We can actually start to... Get on with our lives.

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And look forward to the future, rather than just...

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being in complete and utter...

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Have a black cloud over our head, really, isn't it?

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Our lives have been on hold for the past 18 months,

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so, finally, we can look to the future. Yeah.

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And since we first featured Andrew and Chaska's story,

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they have been able to completely rebuild the bungalow.

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They've now, at last, been able to move in and enjoy their dream home.

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Now, someone who, despite thinking they were being very careful

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with their money, has ended up, I'm afraid, losing it,

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and they don't want the same thing to happen to anybody else.

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I thought I was leaving a really good nest egg.

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And now they're burdened with £100,000 to pay back

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to the Bank of Scotland...

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when I die.

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The situation Penny Cooper has found herself in

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is the opposite of everything that she'd planned.

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Hello, there.

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In 2011, she retired from her job as a nurse

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at the Royal Berkshire Hospital,

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although she still goes back there to volunteer.

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And right through her 30 years of service,

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she was very careful with her money,

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hoping the value of her home would safeguard the family's future.

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Isn't she beautiful?!

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Throughout my life, I've never had a lot of money

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and just spent what money I could afford.

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I really did plan for my children's future.

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For me to know that I was going to be able to leave them

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half of this property and that they would get a nice little lump sum...

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..was such a wonderful feeling for me

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and made me feel very content.

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Penny's problem began 16 years ago, when,

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after the sale of the family home, she wanted to buy somewhere new.

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I bought this house in 1997. Saw it, fell in love with it,

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liked the area, and it was just what I wanted.

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Penny could have used her savings to buy the house outright,

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but wondering if it might be better to keep some of that money back

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for a rainy day,

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she arranged a visit with an independent financial adviser.

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When I saw the financial adviser,

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we decided that it was easier for me to have a small mortgage.

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It would then give me

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the opportunity to have a little bit of money in the bank.

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Penny went ahead and bought the house, for £69,500,

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taking out what she thought was a standard mortgage

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on the property with the Bank of Scotland.

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The mortgage was sorted out for £17,000,

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which would be a relatively small amount to pay.

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And that amount I was happy with.

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Penny didn't think any more about it, until after she retired.

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She decided the time was right to re-evaluate her finances.

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So is this his sleepy time, in the morning? Yeah...

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She went to a new financial adviser, who within weeks,

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delivered Penny some earth-shattering news.

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She said, "I've got some devastating news to tell you.

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"The mortgage that you had

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"was called a shared appreciation mortgage.

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"It means, when you die,

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"your children will have to pay back to the Bank Of Scotland £100,000."

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My first reaction was to vomit and I just rushed of to the loo.

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I came back and I was just shattered.

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I couldn't believe this was happening to me.

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And my thought was, "How can a £17,000 mortgage

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"suddenly change to £100,000 that I owe them?"

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Effectively, that's an increase of 490%.

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Penny just couldn't understand how her loan

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had suddenly got so much bigger.

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Just the worst thing ever.

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I didn't know what to do.

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Unfortunately for Penny,

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and indeed, the thousands of other people

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who took out a shared appreciation mortgage,

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it is not a typical mortgage, at all.

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Sold for only a brief period between 1996 and '98

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and by just two banks - Barclays and the Bank of Scotland -

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it was a unique financial product.

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THe bank offered a loan that was interest-free,

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in return for a percentage of any increase in the property's value...

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..as solicitor Hilary Messer explains.

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A shared appreciation mortgage

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is an arrangement where a home owner can borrow

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up to 25% of the value of their home.

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And when they come to repay that borrowing,

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they also have to pay up to 75% of the increase in value

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of their home, as well as the original loan itself.

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But the loan itself is on a 0% fixed interest rate.

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But what no-one at the time had predicted

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was the property boom at the turn of the century,

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so as house values shot up,

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so, too, did the amount of money that anyone with this product

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would find themselves owing the bank.

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The problems associated with the product

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come as a result of the almost exponential rise in property prices.

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And when people come to repay their loan,

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because they're paying back a share of the appreciation,

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they end up with, normally, less than half of the value of their home.

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Which is exactly what has happened to Penny.

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It means that, when I die, or I need money,

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if I have to sell this property,

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I have to pay back £100,000 before I get any return.

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The financial adviser gave me advice.

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I took her advice, I was happy with that advice.

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I trusted her, but what has happened now...

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It was the wrong advice and I feel badly about that.

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Of course, if the property market had gone down instead of up,

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then Penny would have paid no more that the value of her initial loan.

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So she isn't a victim of bad advice, but simply bad timing,

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especially as if she'd bought her house just a few months later,

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shared appreciation mortgages were no longer being sold.

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The banks that did sell them accept that, for many people,

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it resulted in considerable hardship.

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But they're satisfied that the terms and conditions

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that customers signed up to were made very clear at the time.

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Penny's bank, the Bank of Scotland, told us that they take

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"a very sympathetic approach" to anyone in difficulty

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because of their shared appreciation mortgage,

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but stresses that customers were...

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"..to explain how the product worked."

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So, if Penny feels it was mis-sold

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or that she was given unsuitable advice,

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they suggest that she takes that up

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with the financial advisor who sold it to her.

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But they say that if she's suffering from financial hardship,

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she should contact them directly,

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to see if they can assist in any other way.

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What Penny is going through is a harsh reminder

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that even when you do the right thing

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and take expert advice, you do still need to understand

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exactly what you're getting yourself into - and the risks.

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I thought I'd done everything right.

0:19:120:19:15

I'd gone to a proper person that would sort out mortgages.

0:19:150:19:19

I didn't understand.

0:19:190:19:20

I feel very much that I've let my kids down.

0:19:200:19:25

I feel still very emotional about it

0:19:250:19:28

and very upset that this situation has come

0:19:280:19:32

and would hate that to happen to anybody else.

0:19:320:19:35

Who's my best boy?

0:19:350:19:36

We've opened our very own pop-up shop at the Metro Centre in Gateshead.

0:19:420:19:47

We declare our pop-up shop...

0:19:470:19:49

ALL: Open!

0:19:490:19:51

Overnight, we've transformed this space

0:19:510:19:54

into a one-stop consumer advice centre...

0:19:540:19:56

Hello, how are you? Fine.

0:19:560:19:58

..so we can try and solve some of your problems face-to-face.

0:19:580:20:03

Is this is your good lady? Yes, it is.

0:20:030:20:05

For one weekend, our team of experts was inside,

0:20:050:20:07

ready to offer practical advice on a variety of consumer issues.

0:20:070:20:11

Gemma popped in to see personal finance expert Sarah Pennells,

0:20:130:20:17

after a mistake by her bank when she switched accounts

0:20:170:20:20

left her out of pocket.

0:20:200:20:22

Fire away, Gemma.

0:20:220:20:23

When I changed my bank account over

0:20:230:20:25

and changed where my wages were going to be going,

0:20:250:20:28

they took all the direct debits out of the wrong account.

0:20:280:20:30

I was then charged by the mortgage company

0:20:300:20:33

for a mis-payment.

0:20:330:20:34

I'm worried now about whether there will be something

0:20:340:20:36

on my credit rating.

0:20:360:20:37

You said you've already made a complaint to the bank,

0:20:370:20:40

so I think you have to wait for up to eight weeks,

0:20:400:20:42

while they work out what, if anything, they're going to do.

0:20:420:20:45

And if they don't offer to pay back the £42 that they've charged you,

0:20:450:20:48

then I would go and take the complaint

0:20:480:20:50

to the Financial Ombudsman service, which is free to use.

0:20:500:20:53

But, I think, more importantly,

0:20:530:20:54

you do need to get a hold of a copy of your credit reference file,

0:20:540:20:57

just to make sure that that payment that was late,

0:20:570:21:00

that wasn't your fault, isn't marked down there, because if it is,

0:21:000:21:03

that could cause you some problems. Yeah.

0:21:030:21:05

If you look at your credit file

0:21:050:21:07

and you see something there that you think really is not just,

0:21:070:21:10

what can you do about it?

0:21:100:21:11

If you think the information isn't correct,

0:21:110:21:14

you've got the right to dispute it.

0:21:140:21:16

Basically, you should contact

0:21:160:21:17

the credit reference company concerned,

0:21:170:21:19

tell them what you think is wrong,

0:21:190:21:21

and they've got 28 days in which to either get back to you and say,

0:21:210:21:24

"Yes, we'll remove this disputed mark",

0:21:240:21:26

"No, we won't, and here's why",

0:21:260:21:28

or "We need longer to look into it".

0:21:280:21:31

You know, we don't care

0:21:310:21:32

whether your consumer problem is big or small,

0:21:320:21:35

we just like to hear about it, right? Absolutely right.

0:21:350:21:38

I can tell you that our black box is just the place

0:21:380:21:40

to get it all off your chest.

0:21:400:21:43

I'm really annoyed about the price of fuel.

0:21:430:21:45

It's ridiculous, how expensive it is.

0:21:450:21:47

Car insurance is an absolute disgrace.

0:21:470:21:50

I've paid £2,200 for my first year's insurance.

0:21:500:21:53

It's just a total rip-off.

0:21:530:21:55

I've come to complain about the high prices

0:21:550:21:58

that holiday companies charge during the school holidays.

0:21:580:22:01

I feel that the pensioners in this country are getting ripped off.

0:22:010:22:05

But one pensioner determined not to get a raw deal is Norman.

0:22:050:22:10

Norman, it seems to me

0:22:100:22:12

that you're someone who's got an eye for a bargain,

0:22:120:22:14

but it sounds as if you very nearly got caught out by an optician.

0:22:140:22:19

Tell me what happened.

0:22:190:22:20

Well, my wife and I decided to go and get new spectacles,

0:22:200:22:24

and I saw an advertisement for a company offering a 25% discount

0:22:240:22:28

for pensioners who went in and purchased on their quiet days.

0:22:280:22:32

So the assistant showed my wife spectacles

0:22:320:22:35

and she eventually decided on two pairs.

0:22:350:22:37

So the girl immediately got her calculator out

0:22:370:22:40

and said it wouldn't be any benefit to put it through on discount.

0:22:400:22:43

How much would the spectacles have cost you with your 25% discount,

0:22:430:22:48

special for pensioners,

0:22:480:22:49

and how much would it have cost you if you didn't have the 25%?

0:22:490:22:53

If I had the 25% discount for pensioners, insisted on that,

0:22:530:22:56

it would have cost me £215. Yeah.

0:22:560:22:59

If I didn't have the pensioner's discount

0:22:590:23:02

and went in as a normal member of the public,

0:23:020:23:04

it would have cost me £198.

0:23:040:23:06

Crikey!

0:23:060:23:07

SHE LAUGHS

0:23:070:23:09

It certainly sounds very strange.

0:23:090:23:11

I'm sure it's something Trading Standards would want to look at.

0:23:110:23:14

If you're being offered a discount,

0:23:140:23:15

you shouldn't pay more than those not offered the discount.

0:23:150:23:18

This is a story where it really is, "Read the small print,

0:23:180:23:21

"and buyer, beware."

0:23:210:23:22

When you feel you've had a raw deal,

0:23:260:23:29

it can be hard to know what to do or where to turn.

0:23:290:23:31

So to help you, we've put together a booklet

0:23:310:23:34

full of practical tips and advice.

0:23:340:23:36

You can download the free guide on our website...

0:23:360:23:39

Or, to receive a copy in the post,

0:23:430:23:45

send an A5 stamped and self-addressed envelope to the address

0:23:450:23:49

that we'll give you at the end of the programme.

0:23:490:23:51

Still to come on Rip-Off Britain...

0:23:540:23:56

The investment plan that turned out to be much riskier

0:23:560:23:59

than customers were ever led to believe.

0:23:590:24:01

I don't get angry about these things,

0:24:030:24:05

but, yes, I was very upset,

0:24:050:24:07

because I wasn't going to be able to stay here.

0:24:070:24:10

If you're having to face the very difficult subject

0:24:110:24:14

of moving a relative into a care home,

0:24:140:24:17

it can be a very stressful time.

0:24:170:24:19

And amongst all the things you're going to have to consider,

0:24:190:24:23

getting your head around the paperwork

0:24:230:24:25

may not seem to be a top priority -

0:24:250:24:28

indeed, it could be that the terms and conditions

0:24:280:24:31

aren't especially clear.

0:24:310:24:33

Many care homes have a clause in their contract which,

0:24:330:24:36

if you're not expecting it,

0:24:360:24:38

can come as a particularly unwelcome surprise later on,

0:24:380:24:42

as it did for the families in our next story.

0:24:420:24:45

Now, they had absolutely no idea at all that,

0:24:450:24:47

when their relatives died,

0:24:470:24:49

they would be hit with a bill for hundreds of pounds.

0:24:490:24:53

Just because it's legal

0:24:560:24:57

doesn't make it morally or ethically right.

0:24:570:25:00

This is charging the dead, really, for a service they've not had.

0:25:000:25:03

It was while Isabel Wilkerson was grieving for her grandmother

0:25:030:25:07

that she was hit with an unexpected bill.

0:25:070:25:10

What made it worse was that the whole situation

0:25:100:25:13

was a direct result of the death of 93-year-old Olive.

0:25:130:25:17

Isabel has fond memories

0:25:170:25:18

of when former nurse Olive was in her prime.

0:25:180:25:21

She was a very strong character, knew her own mind,

0:25:210:25:25

very loving towards my mum,

0:25:250:25:28

and she was... very outspoken, as well.

0:25:280:25:35

But Isabel's grandmother suffered from dementia

0:25:350:25:38

and three years ago, the family felt they had no choice

0:25:380:25:41

but to put Olive in a care home.

0:25:410:25:43

But choosing one they liked wasn't easy.

0:25:430:25:46

We looked at lots of homes around Cambridge

0:25:460:25:48

and...some of them I wouldn't put my dog in.

0:25:480:25:52

But we found a local one, which was lovely.

0:25:520:25:55

Olive received exceptional treatment at the home they chose.

0:25:550:25:59

The cost was £650 a week,

0:25:590:26:02

which included accommodation, food and drink

0:26:020:26:05

and round-the-clock care.

0:26:050:26:06

She settled really well.

0:26:060:26:08

They were absolutely brilliant, so yes,

0:26:080:26:10

it was a massive relief that we'd got her somewhere safe

0:26:100:26:13

where she was being looked after really, really well.

0:26:130:26:16

And she loved it.

0:26:160:26:18

Olive spent a happy two-and-a-half years there,

0:26:180:26:21

but in March 2011, she passed away.

0:26:210:26:24

It was probably over a three-week period,

0:26:260:26:28

she just went to her bed and became very, very poorly.

0:26:280:26:33

And she, basically, just slipped away.

0:26:330:26:37

And the staff were brilliant.

0:26:370:26:39

Isabel cleared Olive's room the very next day,

0:26:400:26:43

so she was shocked when she received a bill for her care

0:26:430:26:47

for the two weeks after Olive had died,

0:26:470:26:50

at a cost of £1,365.

0:26:500:26:54

I was livid. I couldn't quite believe that they would do that.

0:26:540:26:58

I looked into it and spoke to the solicitor about it.

0:26:580:27:02

She said it was quite common,

0:27:020:27:03

that these...these clauses are put into contracts

0:27:030:27:07

and some homes can charge up to four weeks.

0:27:070:27:10

It was classed as "legal".

0:27:100:27:12

And, unfortunately for Isabel,

0:27:130:27:15

it did say in the terms and conditions

0:27:150:27:18

that the contract would only be terminated two weeks after a death,

0:27:180:27:22

or when the room was cleared, if that was later.

0:27:220:27:26

I enquired to the home about it

0:27:260:27:28

and was informed that it was a period to allow the family

0:27:280:27:32

time to clear the room

0:27:320:27:35

and for them to make it suitable for somebody else to then move into.

0:27:350:27:40

But Isabel thinks the £1,300 bill is unfair,

0:27:400:27:44

because it covered not just the cost of accommodation,

0:27:440:27:47

but also all her grandmother's care, food, drink, lighting,

0:27:470:27:51

heating, even laundry done on the premises -

0:27:510:27:54

services that, of course, in the two weeks after her death,

0:27:540:27:58

she hadn't used.

0:27:580:27:59

I couldn't understand how it could be legal

0:27:590:28:02

that you could charge for a service that you weren't actually giving.

0:28:020:28:06

I could have understood if they'd have charged us

0:28:060:28:08

a percentage of the fee,

0:28:080:28:11

to allow us time to clear the room, etc.

0:28:110:28:15

But not for the whole lot.

0:28:150:28:16

What frustrated Isabel even more

0:28:160:28:19

was that she normally paid the fees from Olive's pension,

0:28:190:28:23

which had stopped the moment she died.

0:28:230:28:25

As soon as she had taken her last breath,

0:28:250:28:26

her pension and her attendance allowance stopped.

0:28:260:28:28

So, she has no more income...

0:28:300:28:31

..but is still expected to pay bills.

0:28:320:28:35

In fact, it's not all that unusual

0:28:370:28:38

for care homes to have this sort of charge.

0:28:380:28:41

Helen English and Rob Sewell's father Jack was 93

0:28:410:28:45

when he moved into a retirement home.

0:28:450:28:48

At home, he began to really struggle.

0:28:480:28:50

And it was a very difficult decision, indeed.

0:28:500:28:53

He really didn't want to go and leave his home,

0:28:530:28:56

but we just couldn't see any alternative.

0:28:560:28:58

They found an ideal home close by, at a cost of £837 per week,

0:29:000:29:05

with an initial deposit of £2,760.

0:29:050:29:09

That's Dad... But after three months there,

0:29:090:29:11

Jack died.

0:29:110:29:13

We immediately, in the next two or three days,

0:29:140:29:17

cleared everything out of his room, made the funeral arrangements,

0:29:170:29:21

and it was all quite straightforward. Quite straightforward. Yes.

0:29:210:29:28

Or it was, until they noticed

0:29:280:29:30

that the home had deducted nearly £2,000,

0:29:300:29:33

the equivalent of three weeks' care,

0:29:330:29:36

from their initial deposit.

0:29:360:29:38

The home claimed that this was part of the contract,

0:29:380:29:41

and indeed, there it was.

0:29:410:29:43

They require one month's notice of a termination.

0:29:430:29:45

They require one month's notice of a termination.

0:29:450:29:49

We felt that that money, or at least most of it,

0:29:490:29:51

should have been given back to us, because Dad was in no position

0:29:510:29:55

to give a month's notice of termination,

0:29:550:29:58

because he didn't know when he was going to die.

0:29:580:30:01

Rob and Helen had read the terms and conditions,

0:30:010:30:04

but now feel that they weren't clear,

0:30:040:30:06

because they hadn't realised that the clause

0:30:060:30:09

about the termination of residency also applied to death.

0:30:090:30:13

They're not completely clear.

0:30:130:30:15

And they certainly don't specifically mention

0:30:150:30:19

what happens in the... in the event of the resident dying.

0:30:190:30:24

When the Office of Fair Trading looked into care home contracts,

0:30:250:30:29

they were concerned about the "lack of clarity" with these fees, which

0:30:290:30:33

they say are often "not drafted in plain, intelligible language."

0:30:330:30:38

And though they concluded that a charge for up to four weeks

0:30:380:30:41

may be fair, if the room was unoccupied for all of that time,

0:30:410:30:46

they said that any fees after a resident's death should be made

0:30:460:30:50

"clear and prominent in the contract,

0:30:500:30:53

"so that consumers are fully aware of them."

0:30:530:30:55

Which is also the concern of Caroline Abrahams from Age UK.

0:30:560:31:01

It's absolutely horrible

0:31:010:31:03

to think you're a family member

0:31:030:31:04

who's experiencing all the distress of a bereavement and then,

0:31:040:31:08

suddenly out of the blue, you get a bill you weren't expecting,

0:31:080:31:11

for quite a large sum of money. When people go into a care home,

0:31:110:31:15

it's often at a time of crisis, so it's all a bit of a rush.

0:31:150:31:18

It's very easy, then,

0:31:180:31:19

to overlook those details about what you're signing up to

0:31:190:31:22

and it is really important that care homes do everything

0:31:220:31:25

they can to bring the small print to families' attention

0:31:250:31:29

so that there aren't any horrible surprises later on.

0:31:290:31:31

Which, of course, neither family we spoke to

0:31:310:31:34

says happened in their case.

0:31:340:31:35

So, we asked both of the care homes involved whether they think

0:31:350:31:39

the charges were fair and made sufficiently clear.

0:31:390:31:42

Only the one Olive lived in replied, saying that the costs of their care

0:31:420:31:47

are...

0:31:470:31:49

"..with this fee..."

0:31:490:31:52

"..and..."

0:31:520:31:57

They say it's...

0:31:570:31:58

"..that Isabel doesn't feel it was clearly explained."

0:31:580:32:02

But Isabel, Helen and Rob remain angry and upset

0:32:050:32:09

about the charges that they've had to pay.

0:32:090:32:11

There isn't a choice. Even if you challenge it beforehand,

0:32:110:32:14

you've got to do the best for the person

0:32:140:32:16

and it's a big decision moving a loved one into a care home.

0:32:160:32:19

My dad would be very upset about it.

0:32:210:32:23

He would have been horrified, I think,

0:32:230:32:26

if he'd known that this would happen.

0:32:260:32:28

Next, an investment that really did seem to be a perfect opportunity.

0:32:340:32:38

And it certainly did turn out to be life-changing,

0:32:380:32:41

but not at all in the way that was expected.

0:32:410:32:43

At 84, Margaret Sherborne should have been enjoying

0:32:450:32:49

her retirement in peace.

0:32:490:32:50

But her quiet life has been disrupted by the effects

0:32:520:32:55

of an investment that her bank recommended she take out.

0:32:550:33:00

I'm not money-minded. I have no financial interests,

0:33:000:33:03

really, but when Barclays said I should do something with this money,

0:33:030:33:07

I thought that was a good idea.

0:33:070:33:09

So, I was happy to invest in this fund that they recommended.

0:33:100:33:15

It never occurred to me not to trust them.

0:33:150:33:19

Margaret's financial situation first changed back in 2007.

0:33:190:33:23

Recently widowed out in Spain, she made the decision

0:33:230:33:27

to move back, to a retirement village in the UK.

0:33:270:33:30

I came here because I'd come back from Spain and my son lives

0:33:300:33:35

about a half-an-hour's drive away.

0:33:350:33:37

And I thought this would be quite nice to be near him.

0:33:370:33:41

If you live on your own, you are very isolated sometimes

0:33:410:33:45

and so I thought this was

0:33:450:33:48

the best of both worlds, you know.

0:33:480:33:50

You've got security, privacy, and to be with other people, if you want,

0:33:500:33:57

which is good.

0:33:570:33:58

Margaret's new retirement plan would be funded from her life savings

0:33:590:34:03

and the sale of her Spanish property.

0:34:030:34:06

In total, Margaret invested over £247,000,

0:34:060:34:09

which she put into her account with Barclays.

0:34:090:34:13

I had the money transferred to my savings account in this country.

0:34:130:34:18

And when Barclays saw that I had that much, they said

0:34:180:34:21

I really ought to be doing something different with it,

0:34:210:34:24

putting it somewhere else.

0:34:240:34:25

Barclays sent round a financial adviser,

0:34:250:34:28

who recommended that she invest her money in a scheme that was called

0:34:280:34:31

Aviva's Global Balanced Income Fund.

0:34:310:34:35

He told me that it would bring me in about 5,000 a quarter.

0:34:350:34:40

That, with my pensions, was going to be just about enough

0:34:400:34:44

to pay the rent. I told the Barclays adviser

0:34:440:34:48

that I didn't want a high risk, but moderate risk I was prepared for,

0:34:480:34:52

in order to get a good return.

0:34:520:34:55

But I don't know much about these things.

0:34:550:34:58

I didn't then and I don't now.

0:34:580:35:01

On the advice of the man from Barclays,

0:35:010:35:03

Margaret placed her entire life savings into their recommended fund

0:35:030:35:07

and she did it because Barclays had themselves classed the fund

0:35:070:35:11

as "unadventurous".

0:35:110:35:13

So, on that advice,

0:35:130:35:14

it seemed just the sort of investment that Margaret needed -

0:35:140:35:17

unlikely to throw up any nasty surprises. Or so she thought.

0:35:170:35:22

But right from the off,

0:35:220:35:24

the fund did not perform in the way she'd expected.

0:35:240:35:28

I took this investment out and then it started to fall

0:35:280:35:31

and each month it had fallen by 10,000 or 20,000 and so on,

0:35:310:35:36

until December, when it had fallen

0:35:360:35:39

so much it was really worth only half what I'd invested in,

0:35:390:35:44

half the money I'd put in.

0:35:440:35:46

I could see that I wasn't going to be able to stay here

0:35:460:35:49

in The Hawthorns. I wouldn't have enough for the rent.

0:35:490:35:53

And that... I was worried about it.

0:35:540:35:57

And Margaret was far from being the only Barclays customer

0:35:590:36:02

to find herself in this predicament.

0:36:020:36:04

It turned out that the bank had "misclassified" the risk,

0:36:040:36:08

not just on this fund, but on another one, too.

0:36:080:36:10

So, in total, 12,000 Barclays customers, most of them

0:36:100:36:14

either already retired or approaching retirement,

0:36:140:36:16

were finding that their investments were a lot riskier

0:36:160:36:20

that they'd been led to believe.

0:36:200:36:22

Between them, they'd invested a total

0:36:220:36:25

of £692 million, much of which, with the funds underperforming,

0:36:250:36:30

now appeared to be lost.

0:36:300:36:33

Barclays faces the biggest fine ever levied on a bank

0:36:330:36:36

for its dealings with high-street customers.

0:36:360:36:39

In January 2011,

0:36:390:36:40

Barclays was fined £7.7 million by the Financial Services Authority

0:36:400:36:45

for mis-selling these funds. The FSA said they should always

0:36:450:36:50

have been described as "high risk"

0:36:500:36:52

and shouldn't have been sold to older customers,

0:36:520:36:54

who could ill afford the heavy losses that the product caused.

0:36:540:36:58

For Margaret, this seemed good news. She hoped that she could reclaim

0:36:580:37:01

some of the money that she'd lost.

0:37:010:37:03

When I realised how much money I'd lost, I contacted Barclays

0:37:030:37:08

and I asked if there could be any compensation,

0:37:090:37:12

because I didn't have enough. Then I received a letter from them

0:37:120:37:16

saying that they admitted they had wrongly advised me,

0:37:160:37:20

but that I wasn't entitled to any compensation.

0:37:200:37:24

I don't get angry about these things, but, yes, I was very upset

0:37:240:37:28

because I wasn't going to be able to stay here.

0:37:280:37:31

I was worried about the money situation.

0:37:330:37:37

But then Margaret heard of someone who could help.

0:37:380:37:40

My daughter then told me that she'd heard of this firm

0:37:400:37:44

called Claims.

0:37:440:37:45

This company had already advised other people

0:37:450:37:48

stuck in the same situation.

0:37:480:37:49

And when they contacted Barclays about Margaret's case,

0:37:490:37:53

the bank changed its tune.

0:37:530:37:56

They offered 44,000 and I was very surprised,

0:37:560:38:00

because they'd already told me that there was nothing due to me.

0:38:000:38:02

It didn't really cover the amount I had lost,

0:38:020:38:06

but it would have put me on a much more even keel.

0:38:060:38:10

Claims didn't think Barclays was offering Margaret enough

0:38:120:38:15

and an adjudicator at the Financial Ombudsman Service agreed.

0:38:150:38:19

Barclays was told that in January 2012, but it disputed

0:38:200:38:25

the adjudicator's decision, leaving Margaret to wait

0:38:250:38:27

for the Ombudsman to make a final ruling,

0:38:270:38:30

with further months of uncertainty and worry.

0:38:300:38:33

I'd always been with Barclays all my life, for 60 years, at least.

0:38:330:38:37

I trusted them....implicitly.

0:38:370:38:40

We contacted Barclays about Margaret's case.

0:38:420:38:44

They told us at the time that we first covered this story,

0:38:440:38:48

"they were sympathetic to her situation."

0:38:480:38:50

And, after a recent review agreed that the fund she was sold...

0:38:500:38:53

They were sorry this was causing Margaret...

0:38:550:38:58

And said they would...

0:38:590:39:00

But for Margaret, and thousands of other pensioners

0:39:070:39:09

affected in the same way, this continued to cause

0:39:090:39:12

unwelcome stress, because it meant she was still worrying

0:39:120:39:16

about whether she could afford to stay in her home.

0:39:160:39:19

All I'm concerned about is having enough money to stay here.

0:39:190:39:23

I wouldn't trust them again.

0:39:230:39:25

Since we first featured Margaret's story, the Ombudsman ruled

0:39:260:39:30

that she was entitled to £60,000 - the total amount that she'd lost

0:39:300:39:34

on her investment. Barclays have paid out in full and,

0:39:340:39:37

with this compensation, she's confident

0:39:370:39:40

that she can now stay in her retirement apartment for good.

0:39:400:39:43

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

0:39:470:39:50

more of your stories.

0:39:500:39:52

Confused over your bills? Trying to wade through wodges

0:39:520:39:54

of small print that leave you totally confused?

0:39:540:39:57

When they sit you down to sign you up for things,

0:39:570:40:00

they don't really give you the chance or the time

0:40:000:40:02

to read through all of that small print.

0:40:020:40:04

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

0:40:040:40:07

and that so-called "great deal" has ended up costing you money?

0:40:070:40:10

You feel as though, because you got a cheap deal, you are not

0:40:100:40:13

worth their time in the same way.

0:40:130:40:15

You might have a cautionary tale of your own and want

0:40:160:40:19

to share the mistakes you made with us, so others don't do the same.

0:40:190:40:22

I feel angry. I feel stupid, that I'd allowed this to happen to me.

0:40:220:40:27

You can write to us, at...

0:40:300:40:31

Or send us an e-mail, to...

0:40:400:40:42

The Rip—Off team is ready and waiting to investigate your stories.

0:40:460:40:50

Well, these days, especially, we all want to make sure that,

0:40:530:40:57

not only does our money stretch as far as it possibly can,

0:40:570:40:59

but that it's buying us exactly what we thought it would,

0:40:590:41:03

so it's extremely annoying when things don't turn out that way.

0:41:030:41:06

But remember, our website has plenty of advice on how to make sure

0:41:060:41:09

your money is working hard for you and not just someone else.

0:41:090:41:13

The address - I'm sure you remember...

0:41:130:41:17

And that's an address to make a note of.

0:41:170:41:20

But do keep telling us who it is that's left you out of patience

0:41:200:41:23

or out of pocket and we'll see if we can find out why.

0:41:230:41:27

But what we are out of now is time.

0:41:270:41:30

But we'll be back to investigate even more of your stories very soon,

0:41:300:41:33

so I hope you'll join us, but until then, bye-bye.

0:41:330:41:35

Bye. Bye.

0:41:350:41:37

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0:41:560:41:59

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