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'We asked you to tell us who's left you feeling ripped off, | 0:00:02 | 0:00:04 | |
'and you contacted us in your thousands. | 0:00:04 | 0:00:08 | |
'By post, email, even stopping us on the streets. | 0:00:08 | 0:00:11 | |
'And the message could not be clearer.' | 0:00:11 | 0:00:15 | |
Things weren't right. It was costing me time and money. | 0:00:15 | 0:00:18 | |
And it was like, "Does anybody listen?" | 0:00:18 | 0:00:20 | |
Unfortunately, I think these companies | 0:00:20 | 0:00:22 | |
are more motivated by their share price | 0:00:22 | 0:00:24 | |
than they are by actually looking after customers. | 0:00:24 | 0:00:26 | |
'You've told us that, with money tighter than ever, | 0:00:26 | 0:00:29 | |
'you need to make sure that every pound you spend is worth it.' | 0:00:29 | 0:00:32 | |
How do I get my money back? Cos I just think I'm entitled to it. | 0:00:32 | 0:00:36 | |
'So whether it's a deliberate rip-off, a simple mistake, | 0:00:36 | 0:00:38 | |
'or a catch in the small print, | 0:00:38 | 0:00:41 | |
'we'll find out why you're out of pocket, | 0:00:41 | 0:00:43 | |
'and what you can do about it.' | 0:00:43 | 0:00:45 | |
Keep asking the questions. Go to the top if you have to. | 0:00:45 | 0:00:49 | |
We do get results. That's the interesting thing. | 0:00:49 | 0:00:53 | |
'Your stories. Your money. This is Rip-Off Britain.' | 0:00:53 | 0:00:57 | |
Hello and welcome to Rip-Off Britain, | 0:00:57 | 0:01:00 | |
where it's our mission to get to the bottom of why you feel | 0:01:00 | 0:01:03 | |
you've been let down by the companies you do business with. | 0:01:03 | 0:01:06 | |
And to find out if the way you've been treated is fair. | 0:01:06 | 0:01:10 | |
Because there can't be many of us who haven't, at some stage, | 0:01:10 | 0:01:14 | |
felt totally bamboozled by the terms and the conditions | 0:01:14 | 0:01:16 | |
we've been presented with when we're signing up for some sort of service. | 0:01:16 | 0:01:20 | |
And that is certainly what happened with people whose stories | 0:01:20 | 0:01:23 | |
we're about to be told today. | 0:01:23 | 0:01:25 | |
Yeah, they've all found themselves caught out by small print | 0:01:25 | 0:01:29 | |
they either didn't read, or even if they did, | 0:01:29 | 0:01:31 | |
it wasn't sufficiently clear to them. | 0:01:31 | 0:01:33 | |
So, if you're one of those people who can't bear to plough through | 0:01:33 | 0:01:35 | |
all that boring old paperwork, when you hear what happened | 0:01:35 | 0:01:38 | |
in some of these cases, you may just change your mind. | 0:01:38 | 0:01:41 | |
Later in the programme, a contract quite a few of you | 0:01:41 | 0:01:44 | |
have contacted us about, | 0:01:44 | 0:01:46 | |
with a particularly costly sting in the tail. | 0:01:46 | 0:01:49 | |
I'm really, truly gutted that I feel embarrassed, | 0:01:49 | 0:01:53 | |
and I feel that I'm in the same position as many hundreds of people. | 0:01:53 | 0:01:57 | |
The families hit with huge care home fees they didn't expect. | 0:01:57 | 0:02:01 | |
'Just because it's legal, | 0:02:01 | 0:02:04 | |
'doesn't make it morally or ethically right. | 0:02:04 | 0:02:06 | |
'This is charging the dead, really,' | 0:02:06 | 0:02:08 | |
for a service they've not had. | 0:02:08 | 0:02:10 | |
And more of your problems solved on the spot, at our pop-up shop. | 0:02:10 | 0:02:14 | |
The next step is the ombudsman, | 0:02:14 | 0:02:16 | |
and with this brilliant diary of information that you've got here, | 0:02:16 | 0:02:20 | |
I'm pretty sure that your case will be very clear indeed. | 0:02:20 | 0:02:23 | |
If you're having to face the very difficult subject | 0:02:25 | 0:02:28 | |
of moving a relative into a care home, | 0:02:28 | 0:02:31 | |
it can be a very stressful time. | 0:02:31 | 0:02:33 | |
And amongst all the things that you're going to have to consider, | 0:02:33 | 0:02:37 | |
getting your head around the paperwork | 0:02:37 | 0:02:39 | |
may not seem to be a top priority. | 0:02:39 | 0:02:42 | |
And indeed it could be that the terms and conditions | 0:02:42 | 0:02:45 | |
aren't especially clear. | 0:02:45 | 0:02:47 | |
Many care homes have a clause in their contract which, | 0:02:47 | 0:02:51 | |
if you're not expecting it, | 0:02:51 | 0:02:53 | |
can come as a particularly unwelcome surprise later on. | 0:02:53 | 0:02:57 | |
As it did for the families in our next story. | 0:02:57 | 0:02:59 | |
Now, they had absolutely no idea at all | 0:02:59 | 0:03:01 | |
that when their relatives died, they would be hit with a bill | 0:03:01 | 0:03:05 | |
for hundreds of pounds. | 0:03:05 | 0:03:08 | |
'Just because it's legal, doesn't make it morally or ethically right. | 0:03:10 | 0:03:15 | |
'This is charging the dead for a service they've not had.' | 0:03:15 | 0:03:17 | |
It was while Isobel Wilkerson was grieving for her grandmother | 0:03:17 | 0:03:21 | |
that she was hit with an unexpected bill. | 0:03:21 | 0:03:24 | |
What made it worse was that the whole situation was a direct result | 0:03:24 | 0:03:28 | |
of the death of 93-year-old Olive. | 0:03:28 | 0:03:31 | |
Isobel has fond memories of when former nurse Olive was in her prime. | 0:03:31 | 0:03:35 | |
She was a very strong character. Knew her own mind. | 0:03:35 | 0:03:39 | |
Very loving towards my mum. | 0:03:39 | 0:03:42 | |
And she was very outspoken, as well. | 0:03:43 | 0:03:49 | |
But Isobel's grandmother suffered from dementia. | 0:03:49 | 0:03:52 | |
And three years ago, the family felt that they had no choice | 0:03:52 | 0:03:55 | |
but to put Olive in a care home. | 0:03:55 | 0:03:57 | |
But choosing one they liked wasn't easy. | 0:03:57 | 0:04:00 | |
We looked at lots of homes around Cambridge and some of them, | 0:04:00 | 0:04:03 | |
I wouldn't put my dog in. | 0:04:03 | 0:04:05 | |
But we found a local one which was lovely. | 0:04:05 | 0:04:09 | |
Olive received exceptional treatment at the home they chose. | 0:04:09 | 0:04:12 | |
The cost was £650 a week, | 0:04:12 | 0:04:15 | |
which included accommodation, | 0:04:15 | 0:04:18 | |
food and drink, and round-the-clock care | 0:04:18 | 0:04:20 | |
She settled really well. | 0:04:20 | 0:04:22 | |
They were absolutely brilliant, | 0:04:22 | 0:04:24 | |
so yes, it was a massive relief that we'd got her somewhere safe | 0:04:24 | 0:04:27 | |
where she was being looked after really well, and she loved it. | 0:04:27 | 0:04:32 | |
Olive spent a happy 2½ years there, | 0:04:32 | 0:04:33 | |
but in March, 2011, she passed away. | 0:04:36 | 0:04:39 | |
It was probably over a three-week period, she just went to her bed | 0:04:39 | 0:04:43 | |
and became very, very poorly. | 0:04:43 | 0:04:47 | |
And she basically just slipped away, and the staff were brilliant. | 0:04:47 | 0:04:53 | |
Isobel cleared Olive's room the very next day. | 0:04:53 | 0:04:57 | |
So she was shocked when she received a bill for her care | 0:04:57 | 0:05:00 | |
for the two weeks AFTER Olive had died - | 0:05:00 | 0:05:04 | |
at a cost of £1,365! | 0:05:04 | 0:05:08 | |
I was livid. I couldn't quite believe they would do that. | 0:05:08 | 0:05:11 | |
I looked into it and spoke to the solicitor about it, | 0:05:11 | 0:05:16 | |
and she said it's quite common that these clauses | 0:05:16 | 0:05:19 | |
are put into contracts, and some homes can charge up to four weeks. | 0:05:19 | 0:05:24 | |
So it was classed as legal. | 0:05:24 | 0:05:27 | |
And, unfortunately for Isobel, it did say | 0:05:27 | 0:05:30 | |
in the terms and conditions | 0:05:30 | 0:05:32 | |
that the contract would only be terminated two weeks after a death, | 0:05:32 | 0:05:36 | |
or when the room was cleared, if that was later. | 0:05:36 | 0:05:40 | |
I enquired to the home about it and was informed that it was | 0:05:40 | 0:05:45 | |
a period to allow the family time to clear the room, | 0:05:45 | 0:05:49 | |
and for them to make it suitable for somebody else to move into. | 0:05:49 | 0:05:55 | |
But Isobel thinks the £1,300 bill is unfair, | 0:05:55 | 0:05:59 | |
because it covered not just the cost of accommodation, | 0:05:59 | 0:06:02 | |
but also all her grandmother's care, food, drink, lighting, heating, | 0:06:02 | 0:06:06 | |
even laundry done on the premises. | 0:06:06 | 0:06:08 | |
Services that, of course, in the two weeks after her death, | 0:06:08 | 0:06:12 | |
she hadn't used. | 0:06:12 | 0:06:13 | |
'I couldn't understand how it could be legal that you could | 0:06:13 | 0:06:16 | |
'charge for a service that you weren't actually giving.' | 0:06:16 | 0:06:21 | |
I could have understood if they'd have charged a percentage of the fee | 0:06:21 | 0:06:25 | |
to allow us time to clear the room, etcetera, but not for the whole lot. | 0:06:25 | 0:06:31 | |
What frustrated Isobel even more was that she normally | 0:06:31 | 0:06:34 | |
paid the fees from Olive's pension, which had stopped once she died. | 0:06:34 | 0:06:39 | |
As soon as she's taken her last breath, | 0:06:39 | 0:06:41 | |
her pension and her Attendance Allowance stopped, | 0:06:41 | 0:06:44 | |
so she has no more income. | 0:06:44 | 0:06:46 | |
But is still expected to pay bills. | 0:06:46 | 0:06:50 | |
In fact, it's not at all unusual for care homes to have | 0:06:50 | 0:06:54 | |
this sort of charge. | 0:06:54 | 0:06:55 | |
Helen English and Rob Sewell's father, Jack, was 93 | 0:06:55 | 0:06:59 | |
when he moved into a retirement home. | 0:06:59 | 0:07:02 | |
At home, he began to really struggle. | 0:07:02 | 0:07:04 | |
And it was a very difficult decision indeed. | 0:07:04 | 0:07:07 | |
He really didn't want to go and leave his home, | 0:07:07 | 0:07:10 | |
but we just couldn't see any alternative. | 0:07:10 | 0:07:12 | |
They found an ideal home close by, | 0:07:12 | 0:07:16 | |
at a cost of £637 per week, | 0:07:16 | 0:07:19 | |
with an initial deposit of £2,760. | 0:07:19 | 0:07:23 | |
But, after three months there, | 0:07:23 | 0:07:26 | |
Jack died. | 0:07:26 | 0:07:29 | |
We immediately, in two or three days, cleared everything from his room, | 0:07:29 | 0:07:34 | |
made the funeral arrangements, | 0:07:34 | 0:07:38 | |
and it was all quite straightforward. | 0:07:38 | 0:07:42 | |
Or it was, until they noticed that the home had deducted nearly £2,000, | 0:07:42 | 0:07:47 | |
the equivalent of three weeks' care, from their initial deposit. | 0:07:47 | 0:07:51 | |
The home claimed that this was part of the contract, | 0:07:53 | 0:07:55 | |
and indeed, there it was. | 0:07:55 | 0:07:57 | |
"They require one month's notice of a termination". | 0:07:57 | 0:08:00 | |
"They require one month's notice of a termination." | 0:08:00 | 0:08:03 | |
We felt that the money, or most of it, should have been given back to us | 0:08:03 | 0:08:07 | |
because Dad was in no position to give a month's notice of termination, | 0:08:07 | 0:08:12 | |
because he didn't know when he was going to die. | 0:08:12 | 0:08:15 | |
Rob and Helen had read the terms and conditions, | 0:08:15 | 0:08:18 | |
but now feel that they weren't clear. | 0:08:18 | 0:08:21 | |
Because they hadn't realised the clause | 0:08:21 | 0:08:23 | |
about "termination of residency" also applied to death. | 0:08:23 | 0:08:27 | |
They're not completely clear | 0:08:27 | 0:08:29 | |
and they certainly don't specifically mention what happens | 0:08:29 | 0:08:35 | |
in the event of the resident dying. | 0:08:35 | 0:08:39 | |
When the Office of Fair Trading looked into care home contracts, | 0:08:40 | 0:08:43 | |
they were concerned about the "lack of clarity" with these fees, | 0:08:43 | 0:08:47 | |
which they say are often | 0:08:47 | 0:08:49 | |
not drafted in "plain, intelligible language". | 0:08:49 | 0:08:53 | |
And, though they concluded that a charge for up to four weeks | 0:08:53 | 0:08:56 | |
may be fair if the room was unoccupied for all that time, | 0:08:56 | 0:09:00 | |
they said that any fees after a resident's death should be made | 0:09:00 | 0:09:04 | |
"clear and prominent" in the contract, | 0:09:04 | 0:09:06 | |
so that consumers are fully aware of them. | 0:09:06 | 0:09:09 | |
Which is also the concern of Caroline Abrahams from Age UK. | 0:09:10 | 0:09:15 | |
It's absolutely horrible to think | 0:09:15 | 0:09:17 | |
that you're a family member | 0:09:17 | 0:09:18 | |
who's experiencing all the distress of a bereavement | 0:09:18 | 0:09:22 | |
and then suddenly, out of the blue, | 0:09:22 | 0:09:24 | |
you get a bill you weren't expecting to get | 0:09:24 | 0:09:26 | |
for quite a large sum of money. | 0:09:26 | 0:09:27 | |
'When people go into a care home, it's often at a time of crisis | 0:09:27 | 0:09:30 | |
'and so it's all a bit of a rush. | 0:09:30 | 0:09:32 | |
'It's very easy then to overlook | 0:09:32 | 0:09:34 | |
'those details about what you're signing up to.' | 0:09:34 | 0:09:38 | |
It is really important that care homes do everything they can | 0:09:38 | 0:09:40 | |
to bring the small print to families' attention, | 0:09:40 | 0:09:43 | |
so that there aren't any horrible surprises later on. | 0:09:43 | 0:09:45 | |
Which, of course, neither family we spoke to | 0:09:45 | 0:09:48 | |
says happened in their case. | 0:09:48 | 0:09:50 | |
So, we asked both of the care homes | 0:09:50 | 0:09:52 | |
involved whether they think the charges were fair | 0:09:52 | 0:09:54 | |
and made sufficiently clear. | 0:09:54 | 0:09:56 | |
Only the one Olive lived in replied, | 0:09:56 | 0:09:59 | |
saying that the costs of their care are... | 0:09:59 | 0:10:03 | |
with this fee... | 0:10:03 | 0:10:04 | |
and... | 0:10:06 | 0:10:07 | |
They say it's "unfortunate" | 0:10:11 | 0:10:13 | |
that Isobel doesn't feel it was clearly explained. | 0:10:13 | 0:10:17 | |
But Isobel, Helen and Rob | 0:10:20 | 0:10:21 | |
remain angry and upset about the charges that they've had to pay. | 0:10:21 | 0:10:25 | |
'There isn't a choice. Even if you challenge it beforehand, | 0:10:25 | 0:10:28 | |
'you've to do the best for the person' | 0:10:28 | 0:10:31 | |
and it's a big decision moving a loved one into a care home. | 0:10:31 | 0:10:34 | |
'My dad would be very upset about it. | 0:10:35 | 0:10:37 | |
'He would've been horrified, I think,' | 0:10:37 | 0:10:40 | |
if he'd known that this would happen. | 0:10:40 | 0:10:42 | |
Now deals that offer you cashback when you spend | 0:10:47 | 0:10:50 | |
have, of course, become increasingly popular, | 0:10:50 | 0:10:53 | |
and it's not difficult to see why. | 0:10:53 | 0:10:55 | |
Because, at a time when every single penny counts, | 0:10:55 | 0:10:58 | |
the prospect of being given money back | 0:10:58 | 0:11:00 | |
when you pay your bills is very, very appealing. | 0:11:00 | 0:11:03 | |
And, for many people, that cashback promise can be the deciding factor | 0:11:03 | 0:11:07 | |
when choosing which company or service you're going to go with. | 0:11:07 | 0:11:10 | |
But, sadly, it's a promise that doesn't always come true. | 0:11:10 | 0:11:14 | |
Although plenty of retailers like to use cashback deals | 0:11:17 | 0:11:20 | |
to encourage shoppers to part with their money, | 0:11:20 | 0:11:22 | |
there's one area where, over the last few years, | 0:11:22 | 0:11:24 | |
they've been especially common. And that's the mobile phone industry. | 0:11:24 | 0:11:28 | |
We've heard from lots of people who say they only signed up | 0:11:31 | 0:11:34 | |
to the phone deal they're on | 0:11:34 | 0:11:35 | |
because it came with the promise of regular cashback payments. | 0:11:35 | 0:11:39 | |
And Wendy Embisu is one of them. | 0:11:40 | 0:11:44 | |
Last October, she was cold-called by the company, | 0:11:45 | 0:11:48 | |
Excell Communications (Shropshire) Ltd, | 0:11:48 | 0:11:51 | |
offering what sounded like a great deal | 0:11:51 | 0:11:52 | |
on a new contract for her mobile phone. | 0:11:52 | 0:11:54 | |
The deal that Excell were offering was a better price | 0:11:56 | 0:12:00 | |
than the one that I was with on 02. | 0:12:00 | 0:12:02 | |
It was more minutes and more texts | 0:12:02 | 0:12:05 | |
and it included a phone that could connect to the internet, | 0:12:05 | 0:12:08 | |
which I didn't have at the present time. | 0:12:08 | 0:12:10 | |
The deal was simple. | 0:12:10 | 0:12:12 | |
Wendy would sign up with Excell Communications (Shropshire) Ltd, | 0:12:12 | 0:12:16 | |
who would put her on a two-year contract with Orange. | 0:12:16 | 0:12:19 | |
Now, the normal cost of that tariff would be £55 a month. | 0:12:21 | 0:12:24 | |
But every month for the first year, | 0:12:24 | 0:12:26 | |
Excell Communications would give her £35 cashback. | 0:12:26 | 0:12:30 | |
So, overall, she'd end up paying just £20 a month. | 0:12:32 | 0:12:35 | |
'It sounded a very good deal, yes. I was a little bit wary' | 0:12:35 | 0:12:39 | |
because it perhaps sounded too much of a good deal, | 0:12:39 | 0:12:42 | |
but I did ask quite a lot of questions | 0:12:42 | 0:12:44 | |
and I was convinced that it was a genuine offer. | 0:12:44 | 0:12:48 | |
So, confident she was getting a bargain, | 0:12:48 | 0:12:51 | |
and after receiving the paperwork from Excell Communications, | 0:12:51 | 0:12:55 | |
Wendy made her first payment of £55 to Orange, and her new phone arrived. | 0:12:55 | 0:12:59 | |
The phone arrived. It looked great, in a little pack. | 0:13:03 | 0:13:06 | |
It came with the first month's cashback, a cheque for £35. | 0:13:06 | 0:13:11 | |
It seemed everything was going smoothly. | 0:13:11 | 0:13:14 | |
Until Wendy called Excell Communications | 0:13:14 | 0:13:17 | |
to arrange for her number to be transferred to Orange. | 0:13:17 | 0:13:20 | |
'When I phoned them, up it was a recorded message on the phone.' | 0:13:22 | 0:13:25 | |
The recorded message said that | 0:13:25 | 0:13:26 | |
Excell Communications (Shropshire) Ltd | 0:13:26 | 0:13:28 | |
'had gone into administration.' | 0:13:28 | 0:13:31 | |
And things only got worse from there. | 0:13:33 | 0:13:36 | |
The £35 cashback cheque bounced at the bank. | 0:13:36 | 0:13:40 | |
So, with Excell Communications in administration, she contacted Orange. | 0:13:40 | 0:13:43 | |
And they told her some very unwelcome news. | 0:13:43 | 0:13:47 | |
As far as they were concerned, her arrangement with Excell | 0:13:47 | 0:13:50 | |
was absolutely nothing to do with them. | 0:13:50 | 0:13:52 | |
But her monthly contract was. | 0:13:52 | 0:13:54 | |
And they'd still be expecting her to pay them the full £55 a month | 0:13:54 | 0:13:58 | |
for the next two years. | 0:13:58 | 0:14:00 | |
But, with no chance of the £35 cashback she'd signed up to, | 0:14:02 | 0:14:05 | |
that was far more than Wendy was willing to pay. | 0:14:05 | 0:14:08 | |
Orange are trying to make me pay the full £55 a month, plus VAT, | 0:14:10 | 0:14:16 | |
and what I agreed to was to pay £20 a month through Excell. | 0:14:16 | 0:14:22 | |
It's estimated that around 9,000 other customers | 0:14:23 | 0:14:26 | |
signed up with Excell Communications, | 0:14:26 | 0:14:28 | |
purely because of the cashback promise. | 0:14:28 | 0:14:31 | |
Without that, most of them would never have agreed | 0:14:31 | 0:14:34 | |
to the contract in the first place. | 0:14:34 | 0:14:36 | |
I certainly wouldn't have agreed to pay £55 plus VAT for a mobile phone. | 0:14:36 | 0:14:42 | |
'I'm a single parent with a young son at home | 0:14:42 | 0:14:45 | |
'and it's too great a price' | 0:14:45 | 0:14:48 | |
for me to be paying. | 0:14:48 | 0:14:49 | |
This isn't the first time that companies using cashback deals | 0:14:49 | 0:14:53 | |
to sign people up to Orange and other networks have gone bust, | 0:14:53 | 0:14:57 | |
leaving customers with lengthy contracts they just didn't want. | 0:14:57 | 0:15:00 | |
In fact, so many people were affected by the collapse of companies, | 0:15:00 | 0:15:04 | |
Dialamobile and Mobile4free, | 0:15:04 | 0:15:06 | |
that the regulator, Ofcom, | 0:15:06 | 0:15:09 | |
launched an investigation into cashback schemes | 0:15:09 | 0:15:11 | |
and mis-selling across the mobile market. | 0:15:11 | 0:15:14 | |
They introduced new rules for companies to make sure customers | 0:15:14 | 0:15:17 | |
know exactly what they're signing up to. | 0:15:17 | 0:15:19 | |
And at our pop-up shop, one of our experts, | 0:15:19 | 0:15:22 | |
Sylvia Rook, told us that Trading Standards | 0:15:22 | 0:15:24 | |
often hear from people | 0:15:24 | 0:15:26 | |
who've been unable to get their money on cashback deals. | 0:15:26 | 0:15:29 | |
In many cases, this is because the company has gone bust, | 0:15:29 | 0:15:32 | |
but sometimes they don't honour the deal at all. | 0:15:32 | 0:15:34 | |
The conditions of these deals can be very difficult to understand, | 0:15:34 | 0:15:38 | |
and quite often it's very difficult to comply with, | 0:15:38 | 0:15:40 | |
as you may need to put in a claim | 0:15:40 | 0:15:43 | |
within one day of a specific date and a specific time. | 0:15:43 | 0:15:45 | |
Such deals with cashbacks should be made a lot clearer to consumers | 0:15:45 | 0:15:48 | |
and should not be offered, | 0:15:48 | 0:15:50 | |
unless it's backed by some sort of guarantee to ensure | 0:15:50 | 0:15:52 | |
that the consumer will get their money back at the end of a scheme. | 0:15:52 | 0:15:55 | |
Meanwhile, Wendy is left with a phone | 0:15:55 | 0:15:57 | |
which she's never used and no longer wants | 0:15:57 | 0:16:00 | |
because of a contract she can't afford to pay. | 0:16:00 | 0:16:03 | |
Now, she's offered to send Orange the phone back | 0:16:03 | 0:16:06 | |
and because she just wants to be freed from the contract, | 0:16:06 | 0:16:08 | |
she hasn't paid them any of the monthly charges. | 0:16:08 | 0:16:11 | |
So the company is now chasing her for the money | 0:16:11 | 0:16:14 | |
that, as far as they're concerned, cashback or not, | 0:16:14 | 0:16:17 | |
she agreed to pay. | 0:16:17 | 0:16:19 | |
I think I must have written about 20 times to Orange. | 0:16:20 | 0:16:23 | |
'They're completely un-moving. | 0:16:23 | 0:16:25 | |
'I haven't received any of the benefits that I agreed to. | 0:16:25 | 0:16:29 | |
'I have not had one single amount of cashback, | 0:16:29 | 0:16:32 | |
'I haven't used the phone' | 0:16:32 | 0:16:34 | |
and I'm left being chased by debt collectors | 0:16:34 | 0:16:37 | |
for something that, essentially, I haven't had. | 0:16:37 | 0:16:40 | |
Orange has agreed a slightly reduced rate | 0:16:40 | 0:16:42 | |
with some of the Excell Communications customers - | 0:16:42 | 0:16:46 | |
but Wendy, I'm afraid, is not one of them. | 0:16:46 | 0:16:49 | |
We asked Orange about their deals with third-party companies. | 0:16:49 | 0:16:52 | |
And why they can't be more flexible with customers like Wendy | 0:16:52 | 0:16:55 | |
if they don't get what was expected. | 0:16:55 | 0:16:58 | |
They reiterated that cashback offers are run and promoted | 0:16:58 | 0:17:01 | |
by independent businesses, and not them, | 0:17:01 | 0:17:04 | |
so they're... | 0:17:04 | 0:17:05 | |
They say that when Excell went into administration, they worked | 0:17:09 | 0:17:13 | |
to ensure that... | 0:17:13 | 0:17:14 | |
but that, as Wendy hasn't paid her bill since the first month, | 0:17:16 | 0:17:20 | |
she has... | 0:17:20 | 0:17:21 | |
But of course, it's not payments that Wendy's after, | 0:17:22 | 0:17:25 | |
she just wants to be released now from her contract. | 0:17:25 | 0:17:28 | |
On which point, Orange say that although they... | 0:17:28 | 0:17:32 | |
they believe they've... | 0:17:32 | 0:17:36 | |
However things end up being sorted, the experience has left Wendy | 0:17:40 | 0:17:43 | |
wary of signing up to offers | 0:17:43 | 0:17:46 | |
that could end up just too good to be true. | 0:17:46 | 0:17:49 | |
Having gone through this with Excell and with Orange, | 0:17:49 | 0:17:53 | |
I really would not recommend that anybody | 0:17:53 | 0:17:55 | |
take on anything that offers incentives | 0:17:55 | 0:17:58 | |
such as cashback schemes. | 0:17:58 | 0:18:01 | |
'It's an absolute minefield.' | 0:18:01 | 0:18:03 | |
The Rip-Off Britain team has opened up a one-stop consumer advice shop. | 0:18:11 | 0:18:15 | |
It's the perfect opportunity to meet many of you face-to-face, | 0:18:15 | 0:18:19 | |
and more importantly, for our team of experts | 0:18:19 | 0:18:22 | |
to help tackle your consumer problems. | 0:18:22 | 0:18:24 | |
Gloria, isn't it great to be back in the pop-up shop | 0:18:27 | 0:18:29 | |
and find so many people wanting to come in to talk to our experts? | 0:18:29 | 0:18:32 | |
The success of it has been fantastic. | 0:18:32 | 0:18:34 | |
What I've been impressed with is the way | 0:18:34 | 0:18:36 | |
that so many people now have actually collated information. | 0:18:36 | 0:18:40 | |
They've documented when they've spoken to individuals, timed it, | 0:18:40 | 0:18:43 | |
they've written down dates. It makes such a difference | 0:18:43 | 0:18:46 | |
when they want to make a claim against a company. | 0:18:46 | 0:18:48 | |
One man who's done exactly that | 0:18:48 | 0:18:50 | |
is former squash champion, Aftab Jawaid. | 0:18:50 | 0:18:53 | |
He's hoping his diary of evidence | 0:18:53 | 0:18:55 | |
will help our telecommunications expert, David McClelland, | 0:18:55 | 0:18:59 | |
get to the bottom of a dispute he's having with his phone company. | 0:18:59 | 0:19:02 | |
He paid 12 months' line rental upfront, | 0:19:02 | 0:19:05 | |
but two months later, he moved house. | 0:19:05 | 0:19:08 | |
And, despite using the same provider in his new home, | 0:19:08 | 0:19:11 | |
he was told the old contract was non-refundable, | 0:19:11 | 0:19:14 | |
and he'd have to pay again for another. | 0:19:14 | 0:19:18 | |
I started getting letters from their solicitors. | 0:19:18 | 0:19:22 | |
The threatening letters trying to scare you into submission? | 0:19:22 | 0:19:25 | |
Yes, that's a common tactic, unfortunately. | 0:19:25 | 0:19:27 | |
But first of all, let me just congratulate you. | 0:19:27 | 0:19:30 | |
You've made such a good diary, a good record, textbook stuff, | 0:19:30 | 0:19:33 | |
and that will really help you later on. | 0:19:33 | 0:19:35 | |
According to the letter of the terms and conditions that | 0:19:35 | 0:19:38 | |
that contract was terminated. | 0:19:38 | 0:19:39 | |
However, if it wasn't made absolutely clear to you | 0:19:39 | 0:19:42 | |
that that would be the case, you have a strong case. | 0:19:42 | 0:19:46 | |
In your official letter of complaint, you set out very clearly | 0:19:46 | 0:19:49 | |
how you want this to be resolved, | 0:19:49 | 0:19:50 | |
and if that fails, the next step after that is the ombudsman. | 0:19:50 | 0:19:54 | |
And with this brilliant diary of information that you've got here, | 0:19:54 | 0:19:57 | |
I'm pretty sure that your case will be very clear indeed. | 0:19:57 | 0:20:00 | |
And you're a champion, | 0:20:00 | 0:20:01 | |
so maybe you will be a world champion complainer | 0:20:01 | 0:20:04 | |
and someone who actually gets a result! | 0:20:04 | 0:20:06 | |
THEY LAUGH | 0:20:06 | 0:20:09 | |
Coming up on Rip-Off Britain... | 0:20:11 | 0:20:14 | |
The woman being chased for thousands of pounds | 0:20:14 | 0:20:16 | |
because she didn't spot a clause in the small print. | 0:20:16 | 0:20:18 | |
'I feel very angry with myself. I feel really frustrated, | 0:20:19 | 0:20:23 | |
'and I just want to warn other people' | 0:20:23 | 0:20:25 | |
not to fall into the same trap | 0:20:25 | 0:20:27 | |
as I did and to make sure they read every single bit of their contract. | 0:20:27 | 0:20:31 | |
Next, what appears to be the solution to a problem | 0:20:35 | 0:20:38 | |
that we've had more complaints about | 0:20:38 | 0:20:40 | |
since our last series than just about anything else. | 0:20:40 | 0:20:43 | |
And that is, how to get out of a timeshare contract | 0:20:43 | 0:20:46 | |
that you no longer want. | 0:20:46 | 0:20:47 | |
A place in the sun near beautiful beaches | 0:20:55 | 0:20:57 | |
that you can go back to year after year. | 0:20:57 | 0:20:59 | |
You can see why, in the '80s, timeshare seemed an ideal way | 0:20:59 | 0:21:03 | |
to take the hassle out of planning your holidays. | 0:21:03 | 0:21:07 | |
But, 30 years on, many of the people | 0:21:07 | 0:21:10 | |
who so eagerly bought into that dream | 0:21:10 | 0:21:12 | |
now find themselves desperate for a way out. | 0:21:12 | 0:21:16 | |
As Rip-Off Britain has reported before. | 0:21:16 | 0:21:18 | |
With their annual fees alone | 0:21:20 | 0:21:21 | |
now costing more than an entire holiday from a travel agent, | 0:21:21 | 0:21:26 | |
the members we heard from decided enough was enough. | 0:21:26 | 0:21:30 | |
They wanted out of their contracts, | 0:21:30 | 0:21:32 | |
even if it meant writing off the thousands of pounds | 0:21:32 | 0:21:34 | |
they'd spent on points. | 0:21:34 | 0:21:36 | |
Over the last few months, hundreds of you have written to us saying, | 0:21:39 | 0:21:43 | |
although you'd like to cancel your timeshare contract, | 0:21:43 | 0:21:45 | |
it's just not that simple - | 0:21:45 | 0:21:48 | |
leading people like Peter Gregson into even more trouble. | 0:21:48 | 0:21:53 | |
He bought his timeshare in 1990. | 0:21:53 | 0:21:55 | |
And for many years, was very happy. | 0:21:55 | 0:21:58 | |
'The memories I have are very pleasant.' | 0:21:58 | 0:22:00 | |
We had some very good holidays. | 0:22:00 | 0:22:03 | |
We went to many places with them. We exchanged to America, | 0:22:03 | 0:22:08 | |
to places in Europe, and some very good family holidays. | 0:22:08 | 0:22:12 | |
But, as time went on, | 0:22:13 | 0:22:15 | |
and the annual maintenance fee rose from £200 to £1,000, | 0:22:15 | 0:22:19 | |
Peter's enthusiasm faded, and he decided he wanted to cancel. | 0:22:19 | 0:22:24 | |
'The reason I wanted to get out of it' | 0:22:24 | 0:22:25 | |
was not only because of the high maintenance fees | 0:22:25 | 0:22:28 | |
and the escalating costs of those fees, but the air fares went up, | 0:22:28 | 0:22:33 | |
the whole holidays went up | 0:22:33 | 0:22:35 | |
and it became very expensive to take a family abroad. | 0:22:35 | 0:22:37 | |
However, when Peter took a closer look at his timeshare contract, | 0:22:37 | 0:22:41 | |
he realised, as we hear all too often, that he'd signed | 0:22:41 | 0:22:45 | |
a lifelong commitment. | 0:22:45 | 0:22:48 | |
And it didn't look as if there was any easy way out. | 0:22:48 | 0:22:51 | |
Then in October, 2010, he got a cold call from a company | 0:22:51 | 0:22:55 | |
called International Timeshare Refund Action, or ITRA, | 0:22:55 | 0:23:00 | |
who seemed to be offering him an exit strategy. | 0:23:00 | 0:23:03 | |
In their adverts, the company says they can help | 0:23:03 | 0:23:05 | |
"unhappy timeshare owners". | 0:23:05 | 0:23:07 | |
And on the phone to Peter, | 0:23:07 | 0:23:09 | |
they also told him that they were planning a court case | 0:23:09 | 0:23:11 | |
to free people from their contracts. | 0:23:11 | 0:23:13 | |
They sounded like the answer to his prayers. | 0:23:13 | 0:23:16 | |
'They led me to believe that they'd already had' | 0:23:16 | 0:23:19 | |
some success in America | 0:23:19 | 0:23:21 | |
with taking other timeshare companies to court | 0:23:21 | 0:23:25 | |
regarding the mis-selling of timeshares in general. | 0:23:25 | 0:23:30 | |
Peter was given an appointment to meet a specialist ITRA consultant. | 0:23:30 | 0:23:34 | |
There, he was told that he would be offered a more immediate way out of | 0:23:34 | 0:23:39 | |
his timeshare commitments with the help of a company | 0:23:39 | 0:23:42 | |
that worked with them, Personal Travel Group Limited. | 0:23:42 | 0:23:45 | |
That company's ads promised personal independence, | 0:23:45 | 0:23:48 | |
freedom and flexibility - | 0:23:48 | 0:23:50 | |
which matched the information given to Peter at the meeting. | 0:23:50 | 0:23:52 | |
I was convinced by the salesman that this was the answer to my prayers | 0:23:52 | 0:23:57 | |
and that they would take the timeshare over | 0:23:57 | 0:24:01 | |
'and that my responsibility had finished.' | 0:24:01 | 0:24:03 | |
Peter was told that he'd have to pay Personal Travel Group | 0:24:03 | 0:24:06 | |
a fee of £8,000. | 0:24:06 | 0:24:09 | |
But, as it meant he'd finally be free of his timeshare, | 0:24:09 | 0:24:11 | |
and those ongoing maintenance fees, he thought it was worth it. | 0:24:11 | 0:24:15 | |
£8,000 seemed to me to be quite a reasonable amount to have to pay, | 0:24:17 | 0:24:21 | |
compared to the £20,000 | 0:24:21 | 0:24:23 | |
that I might have had to pay, or I would have had to pay, | 0:24:23 | 0:24:26 | |
had I retained the timeshare for another 20 years. | 0:24:26 | 0:24:29 | |
There were other promised benefits, too, | 0:24:29 | 0:24:32 | |
such as what appeared to be the opportunity to buy | 0:24:32 | 0:24:35 | |
cut-price holidays and even act as an agent, | 0:24:35 | 0:24:38 | |
selling holidays on their behalf. So Peter signed a contract, | 0:24:38 | 0:24:43 | |
paid his £8,000, | 0:24:43 | 0:24:44 | |
and sent off the ownership deeds to his timeshare. | 0:24:44 | 0:24:48 | |
Not only was I getting out of the timeshare, | 0:24:48 | 0:24:51 | |
which I desperately wanted to do, | 0:24:51 | 0:24:53 | |
but also there was the possibility of a refund after the legal action. | 0:24:53 | 0:24:58 | |
For months, he heard nothing, | 0:24:58 | 0:25:00 | |
so Peter contacted Personal Travel Group | 0:25:00 | 0:25:03 | |
who reassured him that all was fine. | 0:25:03 | 0:25:05 | |
But that was completely untrue. | 0:25:05 | 0:25:08 | |
It turned out that Personal Travel Group | 0:25:08 | 0:25:11 | |
hadn't taken his timeshare off his hands at all. | 0:25:11 | 0:25:15 | |
Peter still owned it and was still liable for all the fees. | 0:25:15 | 0:25:20 | |
But he only realised that in December last year, | 0:25:20 | 0:25:23 | |
when he received a bill for the maintenance fees on the timeshare | 0:25:23 | 0:25:26 | |
that he thought he was now rid of. Peter was gutted. | 0:25:26 | 0:25:29 | |
Not only did I still own the time share, | 0:25:31 | 0:25:34 | |
but I'd lost the £8,000 that I'd paid to PTG. | 0:25:34 | 0:25:37 | |
My wife and I have been married for 46 years, | 0:25:37 | 0:25:41 | |
and in that time, we've never had to keep anything from each other, | 0:25:41 | 0:25:44 | |
but this was such a major item that I decided that it was prudent | 0:25:44 | 0:25:49 | |
to keep it from her until after Christmas. | 0:25:49 | 0:25:51 | |
When he tried calling Personal Travel Group | 0:25:53 | 0:25:55 | |
for an explanation of what they'd done with his money, | 0:25:55 | 0:25:57 | |
he was told they'd gone bust. | 0:25:57 | 0:26:01 | |
I discovered just before Christmas | 0:26:01 | 0:26:04 | |
that the PTG had gone into liquidation | 0:26:04 | 0:26:06 | |
and that I'd lost my £8,000. | 0:26:06 | 0:26:08 | |
As he tried to understand what had happened, | 0:26:08 | 0:26:10 | |
Peter discovered that the timeshare re-sale that he'd been offered | 0:26:10 | 0:26:14 | |
had never really been an option. | 0:26:14 | 0:26:17 | |
You just can't transfer the contract in this way. | 0:26:17 | 0:26:21 | |
And all that the £8,000 he'd handed over had bought him | 0:26:21 | 0:26:24 | |
was membership of a holiday club offering reduced-price travel. | 0:26:24 | 0:26:28 | |
I feel very bad and bitter about PTG | 0:26:28 | 0:26:32 | |
because it was they that took the £8,000 | 0:26:32 | 0:26:35 | |
and seemingly conned me out of the £8,000. | 0:26:35 | 0:26:37 | |
Peter was also angry at the company that started all of this off - | 0:26:37 | 0:26:42 | |
International Timeshare Refund Action. | 0:26:42 | 0:26:45 | |
After all, they had directed him | 0:26:45 | 0:26:47 | |
towards Personal Travel Group in the first place. | 0:26:47 | 0:26:50 | |
So, when they'd first rung up, | 0:26:50 | 0:26:52 | |
why hadn't they been clearer about exactly what he'd be getting into? | 0:26:52 | 0:26:56 | |
That's a question that the Advertising Standards Authority | 0:26:56 | 0:26:58 | |
has considered, too. | 0:26:58 | 0:27:00 | |
In January, 2011, they ruled that ITRA's ads were misleading, | 0:27:00 | 0:27:05 | |
because they failed to make clear that respondents to their offer | 0:27:05 | 0:27:10 | |
could be asked to buy into another product. | 0:27:10 | 0:27:13 | |
But when we contacted International Timeshare Refund Action, | 0:27:13 | 0:27:18 | |
they didn't see that any of this was down to them. | 0:27:18 | 0:27:20 | |
They insisted that all they're doing | 0:27:20 | 0:27:22 | |
is trying to get people to register interest | 0:27:22 | 0:27:25 | |
in their future court action. | 0:27:25 | 0:27:27 | |
And, while they do licence other companies to run the meetings, | 0:27:27 | 0:27:31 | |
where that happens, as far as they're concerned, | 0:27:31 | 0:27:33 | |
anything else sold to people at those meetings is... | 0:27:33 | 0:27:36 | |
..and nothing to do with them. | 0:27:38 | 0:27:40 | |
They say they... | 0:27:40 | 0:27:41 | |
.."for any company with whom it does business, | 0:27:44 | 0:27:47 | |
"which for whatever reason is placed into liquidation." | 0:27:47 | 0:27:50 | |
We also tried various ways | 0:27:50 | 0:27:51 | |
of contacting people connected to the Personal Travel Group. | 0:27:51 | 0:27:55 | |
None of them replied. | 0:27:55 | 0:27:58 | |
Fortunately for Peter, he'd paid the £8,000 on his Barclaycard, | 0:27:58 | 0:28:02 | |
so, after months of uncertainty and stress, | 0:28:02 | 0:28:05 | |
he has now been given a full refund | 0:28:05 | 0:28:08 | |
under Section 75 of the Consumer Credit Act, 1974, | 0:28:08 | 0:28:12 | |
as Barclaycard agreed that there was a clear breach of contract. | 0:28:12 | 0:28:17 | |
He's still worried | 0:28:17 | 0:28:19 | |
that there are plenty of other desperate timeshare owners | 0:28:19 | 0:28:21 | |
who could find themselves in the same boat. | 0:28:21 | 0:28:24 | |
I'm really truly gutted, that I feel embarrassed, and I feel | 0:28:25 | 0:28:30 | |
that I'm in the same position as many hundreds of people | 0:28:30 | 0:28:34 | |
'who are still trying to resolve the issue of timeshare ownership.' | 0:28:34 | 0:28:37 | |
After out last series of Rip-Off Britain, | 0:28:41 | 0:28:43 | |
many thousands of you sent in for | 0:28:43 | 0:28:46 | |
our Rip-Off Britain Guide to Getting a Good Deal. | 0:28:46 | 0:28:48 | |
So this year, we've written a new, expanded guide with practical advice | 0:28:48 | 0:28:52 | |
on topics that are covered in this series. | 0:28:52 | 0:28:55 | |
Like PPI, cold calls and supermarket deals, | 0:28:55 | 0:28:58 | |
as well as updated tips and information on avoiding rip-offs | 0:28:58 | 0:29:02 | |
and how to get a better deal. | 0:29:02 | 0:29:04 | |
You can find a link to the new free guide on our website. | 0:29:04 | 0:29:07 | |
Or, to receive a copy in the post, | 0:29:10 | 0:29:12 | |
send a stamped, self-addressed A5 envelope | 0:29:12 | 0:29:16 | |
to the address that we'll give you at the end of the programme. | 0:29:16 | 0:29:20 | |
As I hope you know by now, we love hearing from you, | 0:29:22 | 0:29:26 | |
and an area where we've been especially keen to hear your stories | 0:29:26 | 0:29:29 | |
this year is when it comes to problems with the small print. | 0:29:29 | 0:29:33 | |
Perhaps a clause in a contract that's caught you out, | 0:29:33 | 0:29:35 | |
or terms and conditions that could have been much, much clearer. | 0:29:35 | 0:29:38 | |
Because, sometimes, missing even a few small words | 0:29:38 | 0:29:42 | |
can cause you a really big problem. | 0:29:42 | 0:29:45 | |
Which is exactly what happened to a number of people who got in touch | 0:29:45 | 0:29:48 | |
after signing up with one particular company. | 0:29:48 | 0:29:51 | |
And discovering, unfortunately too late, | 0:29:51 | 0:29:53 | |
a clause that can leave you seriously out of pocket. | 0:29:53 | 0:29:56 | |
It's 18 months since Usha Obhrai opened up | 0:29:59 | 0:30:02 | |
this hair and beauty salon in Wembley. | 0:30:02 | 0:30:05 | |
OK, I've got one appointment at 11 o'clock which is free. | 0:30:05 | 0:30:10 | |
She bought the business | 0:30:10 | 0:30:12 | |
after taking redundancy from her job as an accountant. | 0:30:12 | 0:30:15 | |
I thought it would be a good idea - | 0:30:15 | 0:30:17 | |
completely different to what I've been doing in the past. | 0:30:17 | 0:30:20 | |
What I actually enjoy most about the job is socialising, | 0:30:20 | 0:30:23 | |
actually, to get customers coming. | 0:30:23 | 0:30:26 | |
They love to have a chat and you get to know them. | 0:30:26 | 0:30:29 | |
That's the enjoyable part of it. | 0:30:29 | 0:30:30 | |
But six months later, after spending £40,000 | 0:30:32 | 0:30:35 | |
setting up the business, the reality of running it began to take its toll. | 0:30:35 | 0:30:40 | |
'You are committed six days a week, basically, | 0:30:40 | 0:30:42 | |
'you're here from Monday to Saturday. | 0:30:42 | 0:30:45 | |
'But I find Sunday is taken up with paperwork' | 0:30:45 | 0:30:48 | |
and doing the accounts | 0:30:48 | 0:30:50 | |
and VAT returns and all the rest of it, so really | 0:30:50 | 0:30:53 | |
'it's a seven-day job. | 0:30:53 | 0:30:55 | |
'I'm not getting any younger, so to say! | 0:30:55 | 0:30:57 | |
'I'm 62 and I've been working for the last...over 40 years' | 0:30:57 | 0:31:01 | |
and I feel now's the time to enjoy myself. | 0:31:01 | 0:31:03 | |
So Usha decided to sell up. | 0:31:04 | 0:31:07 | |
She put her details on a website that lists businesses for sale | 0:31:07 | 0:31:10 | |
and very quickly received a call, | 0:31:10 | 0:31:14 | |
not from a prospective buyer, but a company called | 0:31:14 | 0:31:16 | |
Phoenix Business Agents Ltd, based in Oxfordshire, | 0:31:16 | 0:31:20 | |
and not to be confused with other companies with similar names. | 0:31:20 | 0:31:23 | |
They claimed that they could sell Usha's business for her - | 0:31:23 | 0:31:27 | |
and even better, they could do it fast. | 0:31:27 | 0:31:29 | |
My first question was, "How much is it going to cost me?" | 0:31:29 | 0:31:34 | |
They assured me there would be nothing to pay upfront. | 0:31:34 | 0:31:37 | |
The only cost will be when they sell the business, | 0:31:37 | 0:31:40 | |
so I thought to myself, "I've got nothing to lose, why not?" | 0:31:40 | 0:31:43 | |
The company sent round a salesman to discuss things further. | 0:31:43 | 0:31:47 | |
When he arrived, Usha was surprised at the high value | 0:31:47 | 0:31:50 | |
he put on the business - over £99,000. | 0:31:50 | 0:31:53 | |
I said, "It's a bit high. If you put it for that amount, | 0:31:54 | 0:31:57 | |
"I doubt you'll get any viewings at all." | 0:31:57 | 0:31:59 | |
He said, "No, no, no, I assure you, you know, we've got thousands | 0:31:59 | 0:32:02 | |
"of buyers, cash buyers, looking for this type of business in the area." | 0:32:02 | 0:32:06 | |
Next, another surprise. As well as a fee of £6,000, | 0:32:08 | 0:32:12 | |
if they were successful in selling the business, | 0:32:12 | 0:32:15 | |
Usha would need to pay Phoenix an upfront marketing fee of £600, | 0:32:15 | 0:32:19 | |
payable as soon as she signed up. | 0:32:19 | 0:32:21 | |
But satisfied that it would be refundable after six months | 0:32:24 | 0:32:27 | |
if there was no sale, she didn't read as thoroughly | 0:32:27 | 0:32:30 | |
as she could have done the rest of the contract - | 0:32:30 | 0:32:33 | |
a mistake she'd very soon come to regret. | 0:32:33 | 0:32:36 | |
He said, "If you do it now, we'll put it on the market, | 0:32:36 | 0:32:39 | |
"say tomorrow, you know, straight away, | 0:32:39 | 0:32:41 | |
"and, you know, you'll be able to sell, just like that." | 0:32:41 | 0:32:44 | |
So, in that sense, I was pressurised | 0:32:44 | 0:32:47 | |
and I didn't really get time to read the contract. | 0:32:47 | 0:32:50 | |
Remember, Phoenix had promised a quick sale. | 0:32:50 | 0:32:55 | |
So after paying the £600 marketing fee by credit card, | 0:32:55 | 0:32:57 | |
Usha waited for the viewings and the flood of "cash buyers" | 0:32:57 | 0:33:00 | |
she had been promised. | 0:33:00 | 0:33:02 | |
But when, after six weeks, she hadn't had the interest she'd expected, | 0:33:02 | 0:33:06 | |
she reduced the price by more than half, to £40,000, | 0:33:06 | 0:33:10 | |
in the hope that that might attract buyers. | 0:33:10 | 0:33:12 | |
You know, it just wasn't happening, | 0:33:14 | 0:33:17 | |
all the claims they made. I couldn't go to anybody else, | 0:33:17 | 0:33:19 | |
as well, because obviously, it was on a six-month contract and I felt | 0:33:19 | 0:33:23 | |
I was really stuck in a situation where I couldn't get out. | 0:33:23 | 0:33:27 | |
So at the end of the six months she was tied into, | 0:33:28 | 0:33:31 | |
disappointed that the company's marketing of her salon | 0:33:31 | 0:33:33 | |
had only resulted in one viewing, | 0:33:33 | 0:33:37 | |
Usha decided to cancel and ask for that refundable £600 back. | 0:33:37 | 0:33:42 | |
But when she did, she was horrified to receive from the company | 0:33:42 | 0:33:46 | |
not the expected refund, | 0:33:46 | 0:33:48 | |
but a demand for another fee, | 0:33:48 | 0:33:50 | |
of £3,000. | 0:33:50 | 0:33:53 | |
I was absolutely shocked by it, you know. | 0:33:53 | 0:33:55 | |
I spoke to one of their secretaries. | 0:33:55 | 0:33:58 | |
She said, "Oh, it's in the clause." I said, "What clause?" | 0:33:58 | 0:34:03 | |
She said, "It's on the back of the contract." | 0:34:03 | 0:34:05 | |
When Usha checked, there it was in black and white, | 0:34:06 | 0:34:10 | |
a clause saying that if she cancelled at any time, | 0:34:10 | 0:34:13 | |
even outside of the initial six-month period, | 0:34:13 | 0:34:17 | |
she would have to pay a termination fee of £3,000. | 0:34:17 | 0:34:20 | |
She had signed the contract without even noticing it. | 0:34:20 | 0:34:23 | |
The frustrating thing is £3,000 is written in words, not in figures. | 0:34:23 | 0:34:29 | |
Me being an accountant, I would expect to see any amount | 0:34:29 | 0:34:32 | |
with a pound sign and figures first, then the words in brackets. | 0:34:32 | 0:34:38 | |
But this was not the case. | 0:34:38 | 0:34:40 | |
If that was the case, I probably would have picked it up quickly. | 0:34:40 | 0:34:43 | |
For Usha, it seemed like the best option | 0:34:43 | 0:34:46 | |
was to stay on the company's books. | 0:34:46 | 0:34:48 | |
That way, she'd lose the £600 upfront fee that she'd hoped | 0:34:48 | 0:34:51 | |
to have refunded, but at least she wouldn't have to fork out £3,000. | 0:34:51 | 0:34:56 | |
But when she called Phoenix Business Agents Ltd | 0:34:56 | 0:34:58 | |
to say that she no longer wanted to cancel, | 0:34:58 | 0:35:01 | |
they told her it was too late. | 0:35:01 | 0:35:04 | |
As far as they were concerned, she couldn't now change her mind | 0:35:04 | 0:35:07 | |
and she'd have to pay that £3,000. | 0:35:07 | 0:35:09 | |
Usha feels that means the company is in a win-win situation. | 0:35:09 | 0:35:14 | |
Um, so basically, they're just sitting on a gold mine. | 0:35:14 | 0:35:17 | |
Usha refused to pay | 0:35:18 | 0:35:20 | |
and now the debt collectors are chasing her for the money. | 0:35:20 | 0:35:23 | |
So are the charges fair and would a court force her to pay them? | 0:35:23 | 0:35:27 | |
Let's ask a lawyer. | 0:35:27 | 0:35:28 | |
In relation to the £600 pounds, I think she has to let that go. | 0:35:30 | 0:35:33 | |
That seems to be attributable to the marketing Phoenix have undertaken. | 0:35:33 | 0:35:37 | |
The £3,000, | 0:35:37 | 0:35:39 | |
I can't see what that relates to and in order | 0:35:39 | 0:35:41 | |
for that to be valid, Phoenix would have to show it relates to some form | 0:35:41 | 0:35:44 | |
of loss they've suffered and I can't see that it relates to any loss. | 0:35:44 | 0:35:47 | |
Phoenix Business Agents Ltd disagree with Usha's version of events | 0:35:48 | 0:35:52 | |
and insist that she couldn't have felt pressured in any way, | 0:35:52 | 0:35:56 | |
because according to their records, they had two meetings with her | 0:35:56 | 0:35:59 | |
before she signed up. | 0:35:59 | 0:36:00 | |
Usha disputes that, but it's why they say she had... | 0:36:00 | 0:36:04 | |
..their terms and conditions. | 0:36:06 | 0:36:08 | |
They are confident she... | 0:36:08 | 0:36:09 | |
..and that... | 0:36:13 | 0:36:14 | |
..in this regard. | 0:36:16 | 0:36:17 | |
They say their valuation was based on information that Usha provided, | 0:36:17 | 0:36:22 | |
and that their termination fee is to cover... | 0:36:22 | 0:36:24 | |
They only pursue it in "rare" cases such as this, | 0:36:29 | 0:36:32 | |
where, according to them... | 0:36:32 | 0:36:33 | |
..or it is... | 0:36:36 | 0:36:37 | |
And they say that every year, they help sell dozens of small businesses, | 0:36:40 | 0:36:44 | |
with complaints... | 0:36:44 | 0:36:45 | |
To them maybe, but not to us. | 0:36:48 | 0:36:49 | |
We've spoken to a number of other people who have told us | 0:36:49 | 0:36:52 | |
that their experience of Phoenix Business Agents | 0:36:52 | 0:36:55 | |
is remarkably similar to Usha's. | 0:36:55 | 0:36:58 | |
And Usha herself says she'll never sign a document again | 0:36:59 | 0:37:03 | |
without reading it thoroughly first. | 0:37:03 | 0:37:05 | |
'I feel very angry with myself, as well.' | 0:37:05 | 0:37:08 | |
I feel really frustrated and I'm having sleepless nights over it. | 0:37:08 | 0:37:15 | |
My blood pressure's gone up and I just want to warn everybody, | 0:37:15 | 0:37:20 | |
other people, not to fall into the same trap as I did | 0:37:20 | 0:37:23 | |
and to make sure they read every single bit | 0:37:23 | 0:37:25 | |
of their contract in future, which I have started doing now. | 0:37:25 | 0:37:29 | |
Well, of course, Usha is by no means alone in being caught out | 0:37:31 | 0:37:35 | |
by the small print and it's a common complaint | 0:37:35 | 0:37:37 | |
at a time when, from what you've been telling us, terms and conditions | 0:37:37 | 0:37:41 | |
just seem to be getting longer and more complicated and more confusing. | 0:37:41 | 0:37:45 | |
So how can you avoid being tripped up by the small print? | 0:37:45 | 0:37:48 | |
Marie Clair, from the Plain English Campaign, | 0:37:48 | 0:37:51 | |
is here to spell it out. | 0:37:51 | 0:37:52 | |
If you're going to challenge any terms and conditions, | 0:37:54 | 0:37:58 | |
then you need to be sure, from the beginning, that you haven't | 0:37:58 | 0:38:01 | |
signed or ticked the box, unless you really do understand them. | 0:38:01 | 0:38:06 | |
If you don't read them, you're giving away your right | 0:38:06 | 0:38:10 | |
to challenging them at a later stage. | 0:38:10 | 0:38:13 | |
Make sure that there is something about the cancellation date | 0:38:17 | 0:38:20 | |
that is clearly detailing how you cancel, | 0:38:20 | 0:38:24 | |
how much time you have to cancel, if there is a cooling-off period, | 0:38:24 | 0:38:28 | |
and who you need to contact in order to cancel. | 0:38:28 | 0:38:32 | |
Somewhere within the terms and conditions, | 0:38:33 | 0:38:35 | |
there should be contact details for the supplier. | 0:38:35 | 0:38:39 | |
Make sure that you have those contact details | 0:38:39 | 0:38:43 | |
and that they are active before you need to use them. | 0:38:43 | 0:38:48 | |
So what about privacy policies? | 0:38:49 | 0:38:52 | |
That's the area where your personal details - your name, address, | 0:38:52 | 0:38:57 | |
telephone number, date of birth, even - can be recorded and, | 0:38:57 | 0:39:01 | |
if you don't opt out, then those details can be passed on | 0:39:01 | 0:39:07 | |
to other suppliers, without you realising who they are. | 0:39:07 | 0:39:11 | |
If you feel that the terms and conditions are unclear in any way | 0:39:13 | 0:39:17 | |
and, if particularly, the wording or the length of the documents | 0:39:17 | 0:39:21 | |
makes it difficult for you to understand the content, | 0:39:21 | 0:39:24 | |
then don't feel that that's your fault. | 0:39:24 | 0:39:27 | |
You have a responsibility to understand those words, | 0:39:27 | 0:39:32 | |
but the supplier has a responsibility to make sure | 0:39:32 | 0:39:35 | |
that they are understandable in the first place. | 0:39:35 | 0:39:39 | |
Here at Rip-Off Britain, | 0:39:42 | 0:39:43 | |
we're always ready to investigate more of your stories. | 0:39:43 | 0:39:46 | |
Confused over your bills? | 0:39:46 | 0:39:48 | |
Trying to wade through wodges of small print | 0:39:48 | 0:39:51 | |
that leave you totally confused? | 0:39:51 | 0:39:53 | |
We should read it, but it's not in plain English. | 0:39:53 | 0:39:55 | |
It should be simple. ABC, you know, very basic stuff. | 0:39:55 | 0:39:58 | |
Unsure what to do when you discover you've lost out | 0:39:58 | 0:40:01 | |
and that so-called "great deal" has ended up costing you money? | 0:40:01 | 0:40:04 | |
You get home, you get your bill and it's, like, £70, | 0:40:04 | 0:40:07 | |
when it's meant to be £35. | 0:40:07 | 0:40:09 | |
And it's just, basically, you just get ripped off, don't you? | 0:40:09 | 0:40:12 | |
You might have a cautionary tale of your own and want to share | 0:40:14 | 0:40:17 | |
the mistakes you made with us, so others don't do the same. | 0:40:17 | 0:40:20 | |
We paid them good money to act in our best interest. They didn't. | 0:40:20 | 0:40:25 | |
We're particularly keen to hear from you | 0:40:26 | 0:40:28 | |
if you've had a problem when travelling abroad or on holiday. | 0:40:28 | 0:40:32 | |
Did your airline let you down? | 0:40:32 | 0:40:34 | |
Been stung by hidden charges when booking your holiday online? | 0:40:34 | 0:40:38 | |
Or did your travel insurance fail to give you the expected protection? | 0:40:38 | 0:40:41 | |
You can write to us at... | 0:40:43 | 0:40:46 | |
Or send us an e-mail to... | 0:40:54 | 0:40:59 | |
The Rip-Off team is ready and waiting to investigate your stories. | 0:41:00 | 0:41:05 | |
The reality is that companies and businesses can so often | 0:41:07 | 0:41:10 | |
stick to telling us that old phrase, | 0:41:10 | 0:41:12 | |
"It's all in the terms and conditions" | 0:41:12 | 0:41:14 | |
so you could be forgiven for thinking that some of them use it | 0:41:14 | 0:41:17 | |
as a bit of an excuse, a smokescreen for why they haven't | 0:41:17 | 0:41:20 | |
bothered making all their small print just easier to understand. | 0:41:20 | 0:41:24 | |
I think it's true to say that, in most of the cases we hear about, | 0:41:24 | 0:41:27 | |
if you just can't get out of a contract, it's usually because | 0:41:27 | 0:41:31 | |
you didn't spot a key detail relating to termination restrictions | 0:41:31 | 0:41:35 | |
until it was, unfortunately, too late. | 0:41:35 | 0:41:37 | |
But when quite a few other people find themselves in exactly | 0:41:37 | 0:41:40 | |
the same boat, well, you can't help wondering if the relevant | 0:41:40 | 0:41:44 | |
details were not actually made clear enough in the first place. | 0:41:44 | 0:41:47 | |
Quite right. Well, the best advice remains to always make sure | 0:41:47 | 0:41:51 | |
you DO read all that small print. | 0:41:51 | 0:41:53 | |
There's no doubt that some businesses could do a bit more | 0:41:53 | 0:41:55 | |
to make the process easier. | 0:41:55 | 0:41:57 | |
That's it for today. Keep sending us your stories | 0:41:57 | 0:41:59 | |
and join us when we look into more of them soon. | 0:41:59 | 0:42:02 | |
Until then, from all of us... | 0:42:02 | 0:42:04 | |
ALL: Bye-bye. | 0:42:04 | 0:42:05 | |
Subtitles by Red Bee Media Ltd | 0:42:23 | 0:42:26 |