Episode 5 Rip Off Britain


Episode 5

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Transcript


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'We asked you to tell us who's left you feeling ripped off,

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'and you contacted us in your thousands.

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'By post, email, even stopping us on the streets.

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'And the message could not be clearer.'

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Things weren't right. It was costing me time and money.

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And it was like, "Does anybody listen?"

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Unfortunately, I think these companies

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are more motivated by their share price

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than they are by actually looking after customers.

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

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

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

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

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'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. This is Rip-Off Britain.'

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Hello and welcome to Rip-Off Britain,

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where it's our mission to get to the bottom of why you feel

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you've been let down by the companies you do business with.

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And to find out if the way you've been treated is fair.

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Because there can't be many of us who haven't, at some stage,

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felt totally bamboozled by the terms and the conditions

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we've been presented with when we're signing up for some sort of service.

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And that is certainly what happened with people whose stories

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we're about to be told today.

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Yeah, they've all found themselves caught out by small print

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they either didn't read, or even if they did,

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it wasn't sufficiently clear to them.

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So, if you're one of those people who can't bear to plough through

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all that boring old paperwork, when you hear what happened

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in some of these cases, you may just change your mind.

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Later in the programme, a contract quite a few of you

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have contacted us about,

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with a particularly costly sting in the tail.

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I'm really, truly gutted that I feel embarrassed,

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and I feel that I'm in the same position as many hundreds of people.

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The families hit with huge care home fees they didn't expect.

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'Just because it's legal,

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'doesn't make it morally or ethically right.

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'This is charging the dead, really,'

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for a service they've not had.

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And more of your problems solved on the spot, at our pop-up shop.

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The next step is the ombudsman,

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and with this brilliant diary of information that you've got here,

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I'm pretty sure that your case will be very clear indeed.

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If you're having to face the very difficult subject

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of moving a relative into a care home,

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it can be a very stressful time.

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

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getting your head around the paperwork

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may not seem to be a top priority.

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And indeed it could be that the terms and conditions

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aren't especially clear.

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Many care homes have a clause in their contract which,

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if you're not expecting it,

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can come as a particularly unwelcome surprise later on.

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As it did for the families in our next story.

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Now, they had absolutely no idea at all

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that when their relatives died, they would be hit with a bill

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for hundreds of pounds.

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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 for a service they've not had.'

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It was while Isobel Wilkerson was grieving for her grandmother

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that she was hit with an unexpected bill.

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What made it worse was that the whole situation was a direct result

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of the death of 93-year-old Olive.

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Isobel has fond memories of when former nurse Olive was in her prime.

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She was a very strong character. Knew her own mind.

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Very loving towards my mum.

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And she was very outspoken, as well.

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But Isobel's grandmother suffered from dementia.

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And three years ago, the family felt that they had no choice

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but to put Olive in a care home.

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But choosing one they liked wasn't easy.

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We looked at lots of homes around Cambridge and some of them,

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I wouldn't put my dog in.

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But we found a local one which was lovely.

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Olive received exceptional treatment at the home they chose.

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The cost was £650 a week,

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which included accommodation,

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food and drink, and round-the-clock care

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She settled really well.

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They were absolutely brilliant,

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

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where she was being looked after really well, and she loved it.

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Olive spent a happy 2½ years there,

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but in March, 2011, she passed away.

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It was probably over a three-week period, she just went to her bed

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and became very, very poorly.

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And she basically just slipped away, and the staff were brilliant.

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Isobel cleared Olive's room the very next day.

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

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for the two weeks AFTER Olive had died -

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at a cost of £1,365!

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

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

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and she said it's quite common that these clauses

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are put into contracts, and some homes can charge up to four weeks.

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So it was classed as legal.

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And, unfortunately for Isobel, it did say

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in the terms and conditions

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

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

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I enquired to the home about it and was informed that it was

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a period to allow the family time to clear the room,

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

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

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because it covered not just the cost of accommodation,

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

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even laundry done on the premises.

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

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she hadn't used.

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'I couldn't understand how it could be legal that you could

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

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I could have understood if they'd have charged a percentage of the fee

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to allow us time to clear the room, etcetera, but not for the whole lot.

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What frustrated Isobel even more was that she normally

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paid the fees from Olive's pension, which had stopped once she died.

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As soon as she's taken her last breath,

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her pension and her Attendance Allowance stopped,

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so she has no more income.

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But is still expected to pay bills.

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In fact, it's not at all unusual for care homes to have

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this sort of charge.

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Helen English and Rob Sewell's father, Jack, was 93

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when he moved into a retirement home.

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At home, he began to really struggle.

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And it was a very difficult decision indeed.

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

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but we just couldn't see any alternative.

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They found an ideal home close by,

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at a cost of £637 per week,

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with an initial deposit of £2,760.

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But, after three months there,

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Jack died.

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We immediately, in two or three days, cleared everything from his room,

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made the funeral arrangements,

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and it was all quite straightforward.

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Or it was, until they noticed that the home had deducted nearly £2,000,

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the equivalent of three weeks' care, from their initial deposit.

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The home claimed that this was part of the contract,

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and indeed, there it was.

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"They require one month's notice of a termination".

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"They require one month's notice of a termination."

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We felt that the money, or most of it, should have been given back to us

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because Dad was in no position to give a month's notice of termination,

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

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Rob and Helen had read the terms and conditions,

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but now feel that they weren't clear.

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Because they hadn't realised the clause

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about "termination of residency" also applied to death.

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They're not completely clear

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and they certainly don't specifically mention what happens

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in the event of the resident dying.

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

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

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which they say are often

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not drafted in "plain, intelligible language".

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

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

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

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"clear and prominent" in the contract,

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so that consumers are fully aware of them.

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

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It's absolutely horrible to think

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that you're a family member

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who's experiencing all the distress of a bereavement

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and then suddenly, out of the blue,

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you get a bill you weren't expecting to get

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for quite a large sum of money.

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'When people go into a care home, it's often at a time of crisis

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'and so it's all a bit of a rush.

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'It's very easy then to overlook

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

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It is really important that care homes do everything they can

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to bring the small print to families' attention,

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

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Which, of course, neither family we spoke to

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says happened in their case.

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So, we asked both of the care homes

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involved whether they think the charges were fair

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and made sufficiently clear.

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Only the one Olive lived in replied,

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saying that the costs of their care are...

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with this fee...

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and...

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They say it's "unfortunate"

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that Isobel doesn't feel it was clearly explained.

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But Isobel, Helen and Rob

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remain angry and upset about the charges that they've had to pay.

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

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'you've to do the best for the person'

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

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'My dad would be very upset about it.

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'He would've been horrified, I think,'

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if he'd known that this would happen.

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Now deals that offer you cashback when you spend

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have, of course, become increasingly popular,

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and it's not difficult to see why.

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Because, at a time when every single penny counts,

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the prospect of being given money back

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when you pay your bills is very, very appealing.

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And, for many people, that cashback promise can be the deciding factor

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when choosing which company or service you're going to go with.

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But, sadly, it's a promise that doesn't always come true.

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Although plenty of retailers like to use cashback deals

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to encourage shoppers to part with their money,

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there's one area where, over the last few years,

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they've been especially common. And that's the mobile phone industry.

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We've heard from lots of people who say they only signed up

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to the phone deal they're on

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because it came with the promise of regular cashback payments.

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And Wendy Embisu is one of them.

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Last October, she was cold-called by the company,

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Excell Communications (Shropshire) Ltd,

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offering what sounded like a great deal

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on a new contract for her mobile phone.

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The deal that Excell were offering was a better price

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than the one that I was with on 02.

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It was more minutes and more texts

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and it included a phone that could connect to the internet,

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which I didn't have at the present time.

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The deal was simple.

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Wendy would sign up with Excell Communications (Shropshire) Ltd,

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who would put her on a two-year contract with Orange.

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Now, the normal cost of that tariff would be £55 a month.

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But every month for the first year,

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Excell Communications would give her £35 cashback.

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So, overall, she'd end up paying just £20 a month.

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'It sounded a very good deal, yes. I was a little bit wary'

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because it perhaps sounded too much of a good deal,

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but I did ask quite a lot of questions

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and I was convinced that it was a genuine offer.

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So, confident she was getting a bargain,

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and after receiving the paperwork from Excell Communications,

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Wendy made her first payment of £55 to Orange, and her new phone arrived.

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The phone arrived. It looked great, in a little pack.

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It came with the first month's cashback, a cheque for £35.

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It seemed everything was going smoothly.

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Until Wendy called Excell Communications

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to arrange for her number to be transferred to Orange.

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'When I phoned them, up it was a recorded message on the phone.'

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The recorded message said that

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Excell Communications (Shropshire) Ltd

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'had gone into administration.'

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And things only got worse from there.

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The £35 cashback cheque bounced at the bank.

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So, with Excell Communications in administration, she contacted Orange.

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And they told her some very unwelcome news.

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As far as they were concerned, her arrangement with Excell

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was absolutely nothing to do with them.

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But her monthly contract was.

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And they'd still be expecting her to pay them the full £55 a month

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for the next two years.

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But, with no chance of the £35 cashback she'd signed up to,

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that was far more than Wendy was willing to pay.

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Orange are trying to make me pay the full £55 a month, plus VAT,

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and what I agreed to was to pay £20 a month through Excell.

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It's estimated that around 9,000 other customers

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signed up with Excell Communications,

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purely because of the cashback promise.

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Without that, most of them would never have agreed

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to the contract in the first place.

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I certainly wouldn't have agreed to pay £55 plus VAT for a mobile phone.

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'I'm a single parent with a young son at home

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'and it's too great a price'

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for me to be paying.

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This isn't the first time that companies using cashback deals

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to sign people up to Orange and other networks have gone bust,

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leaving customers with lengthy contracts they just didn't want.

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In fact, so many people were affected by the collapse of companies,

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Dialamobile and Mobile4free,

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that the regulator, Ofcom,

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launched an investigation into cashback schemes

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and mis-selling across the mobile market.

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They introduced new rules for companies to make sure customers

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know exactly what they're signing up to.

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And at our pop-up shop, one of our experts,

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Sylvia Rook, told us that Trading Standards

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often hear from people

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who've been unable to get their money on cashback deals.

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In many cases, this is because the company has gone bust,

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but sometimes they don't honour the deal at all.

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The conditions of these deals can be very difficult to understand,

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and quite often it's very difficult to comply with,

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as you may need to put in a claim

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within one day of a specific date and a specific time.

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Such deals with cashbacks should be made a lot clearer to consumers

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and should not be offered,

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unless it's backed by some sort of guarantee to ensure

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that the consumer will get their money back at the end of a scheme.

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Meanwhile, Wendy is left with a phone

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which she's never used and no longer wants

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because of a contract she can't afford to pay.

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Now, she's offered to send Orange the phone back

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and because she just wants to be freed from the contract,

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she hasn't paid them any of the monthly charges.

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So the company is now chasing her for the money

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that, as far as they're concerned, cashback or not,

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she agreed to pay.

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I think I must have written about 20 times to Orange.

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'They're completely un-moving.

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'I haven't received any of the benefits that I agreed to.

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'I have not had one single amount of cashback,

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'I haven't used the phone'

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and I'm left being chased by debt collectors

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for something that, essentially, I haven't had.

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Orange has agreed a slightly reduced rate

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with some of the Excell Communications customers -

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but Wendy, I'm afraid, is not one of them.

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We asked Orange about their deals with third-party companies.

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And why they can't be more flexible with customers like Wendy

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if they don't get what was expected.

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They reiterated that cashback offers are run and promoted

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by independent businesses, and not them,

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so they're...

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They say that when Excell went into administration, they worked

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to ensure that...

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but that, as Wendy hasn't paid her bill since the first month,

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she has...

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But of course, it's not payments that Wendy's after,

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she just wants to be released now from her contract.

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On which point, Orange say that although they...

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they believe they've...

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However things end up being sorted, the experience has left Wendy

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wary of signing up to offers

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that could end up just too good to be true.

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Having gone through this with Excell and with Orange,

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I really would not recommend that anybody

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take on anything that offers incentives

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such as cashback schemes.

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'It's an absolute minefield.'

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The Rip-Off Britain team has opened up a one-stop consumer advice shop.

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It's the perfect opportunity to meet many of you face-to-face,

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and more importantly, for our team of experts

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to help tackle your consumer problems.

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Gloria, isn't it great to be back in the pop-up shop

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and find so many people wanting to come in to talk to our experts?

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The success of it has been fantastic.

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What I've been impressed with is the way

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that so many people now have actually collated information.

0:18:360:18:40

They've documented when they've spoken to individuals, timed it,

0:18:400:18:43

they've written down dates. It makes such a difference

0:18:430:18:46

when they want to make a claim against a company.

0:18:460:18:48

One man who's done exactly that

0:18:480:18:50

is former squash champion, Aftab Jawaid.

0:18:500:18:53

He's hoping his diary of evidence

0:18:530:18:55

will help our telecommunications expert, David McClelland,

0:18:550:18:59

get to the bottom of a dispute he's having with his phone company.

0:18:590:19:02

He paid 12 months' line rental upfront,

0:19:020:19:05

but two months later, he moved house.

0:19:050:19:08

And, despite using the same provider in his new home,

0:19:080:19:11

he was told the old contract was non-refundable,

0:19:110:19:14

and he'd have to pay again for another.

0:19:140:19:18

I started getting letters from their solicitors.

0:19:180:19:22

The threatening letters trying to scare you into submission?

0:19:220:19:25

Yes, that's a common tactic, unfortunately.

0:19:250:19:27

But first of all, let me just congratulate you.

0:19:270:19:30

You've made such a good diary, a good record, textbook stuff,

0:19:300:19:33

and that will really help you later on.

0:19:330:19:35

According to the letter of the terms and conditions that

0:19:350:19:38

that contract was terminated.

0:19:380:19:39

However, if it wasn't made absolutely clear to you

0:19:390:19:42

that that would be the case, you have a strong case.

0:19:420:19:46

In your official letter of complaint, you set out very clearly

0:19:460:19:49

how you want this to be resolved,

0:19:490:19:50

and if that fails, the next step after that is the ombudsman.

0:19:500:19:54

And with this brilliant diary of information that you've got here,

0:19:540:19:57

I'm pretty sure that your case will be very clear indeed.

0:19:570:20:00

And you're a champion,

0:20:000:20:01

so maybe you will be a world champion complainer

0:20:010:20:04

and someone who actually gets a result!

0:20:040:20:06

THEY LAUGH

0:20:060:20:09

Coming up on Rip-Off Britain...

0:20:110:20:14

The woman being chased for thousands of pounds

0:20:140:20:16

because she didn't spot a clause in the small print.

0:20:160:20:18

'I feel very angry with myself. I feel really frustrated,

0:20:190:20:23

'and I just want to warn other people'

0:20:230:20:25

not to fall into the same trap

0:20:250:20:27

as I did and to make sure they read every single bit of their contract.

0:20:270:20:31

Next, what appears to be the solution to a problem

0:20:350:20:38

that we've had more complaints about

0:20:380:20:40

since our last series than just about anything else.

0:20:400:20:43

And that is, how to get out of a timeshare contract

0:20:430:20:46

that you no longer want.

0:20:460:20:47

A place in the sun near beautiful beaches

0:20:550:20:57

that you can go back to year after year.

0:20:570:20:59

You can see why, in the '80s, timeshare seemed an ideal way

0:20:590:21:03

to take the hassle out of planning your holidays.

0:21:030:21:07

But, 30 years on, many of the people

0:21:070:21:10

who so eagerly bought into that dream

0:21:100:21:12

now find themselves desperate for a way out.

0:21:120:21:16

As Rip-Off Britain has reported before.

0:21:160:21:18

With their annual fees alone

0:21:200:21:21

now costing more than an entire holiday from a travel agent,

0:21:210:21:26

the members we heard from decided enough was enough.

0:21:260:21:30

They wanted out of their contracts,

0:21:300:21:32

even if it meant writing off the thousands of pounds

0:21:320:21:34

they'd spent on points.

0:21:340:21:36

Over the last few months, hundreds of you have written to us saying,

0:21:390:21:43

although you'd like to cancel your timeshare contract,

0:21:430:21:45

it's just not that simple -

0:21:450:21:48

leading people like Peter Gregson into even more trouble.

0:21:480:21:53

He bought his timeshare in 1990.

0:21:530:21:55

And for many years, was very happy.

0:21:550:21:58

'The memories I have are very pleasant.'

0:21:580:22:00

We had some very good holidays.

0:22:000:22:03

We went to many places with them. We exchanged to America,

0:22:030:22:08

to places in Europe, and some very good family holidays.

0:22:080:22:12

But, as time went on,

0:22:130:22:15

and the annual maintenance fee rose from £200 to £1,000,

0:22:150:22:19

Peter's enthusiasm faded, and he decided he wanted to cancel.

0:22:190:22:24

'The reason I wanted to get out of it'

0:22:240:22:25

was not only because of the high maintenance fees

0:22:250:22:28

and the escalating costs of those fees, but the air fares went up,

0:22:280:22:33

the whole holidays went up

0:22:330:22:35

and it became very expensive to take a family abroad.

0:22:350:22:37

However, when Peter took a closer look at his timeshare contract,

0:22:370:22:41

he realised, as we hear all too often, that he'd signed

0:22:410:22:45

a lifelong commitment.

0:22:450:22:48

And it didn't look as if there was any easy way out.

0:22:480:22:51

Then in October, 2010, he got a cold call from a company

0:22:510:22:55

called International Timeshare Refund Action, or ITRA,

0:22:550:23:00

who seemed to be offering him an exit strategy.

0:23:000:23:03

In their adverts, the company says they can help

0:23:030:23:05

"unhappy timeshare owners".

0:23:050:23:07

And on the phone to Peter,

0:23:070:23:09

they also told him that they were planning a court case

0:23:090:23:11

to free people from their contracts.

0:23:110:23:13

They sounded like the answer to his prayers.

0:23:130:23:16

'They led me to believe that they'd already had'

0:23:160:23:19

some success in America

0:23:190:23:21

with taking other timeshare companies to court

0:23:210:23:25

regarding the mis-selling of timeshares in general.

0:23:250:23:30

Peter was given an appointment to meet a specialist ITRA consultant.

0:23:300:23:34

There, he was told that he would be offered a more immediate way out of

0:23:340:23:39

his timeshare commitments with the help of a company

0:23:390:23:42

that worked with them, Personal Travel Group Limited.

0:23:420:23:45

That company's ads promised personal independence,

0:23:450:23:48

freedom and flexibility -

0:23:480:23:50

which matched the information given to Peter at the meeting.

0:23:500:23:52

I was convinced by the salesman that this was the answer to my prayers

0:23:520:23:57

and that they would take the timeshare over

0:23:570:24:01

'and that my responsibility had finished.'

0:24:010:24:03

Peter was told that he'd have to pay Personal Travel Group

0:24:030:24:06

a fee of £8,000.

0:24:060:24:09

But, as it meant he'd finally be free of his timeshare,

0:24:090:24:11

and those ongoing maintenance fees, he thought it was worth it.

0:24:110:24:15

£8,000 seemed to me to be quite a reasonable amount to have to pay,

0:24:170:24:21

compared to the £20,000

0:24:210:24:23

that I might have had to pay, or I would have had to pay,

0:24:230:24:26

had I retained the timeshare for another 20 years.

0:24:260:24:29

There were other promised benefits, too,

0:24:290:24:32

such as what appeared to be the opportunity to buy

0:24:320:24:35

cut-price holidays and even act as an agent,

0:24:350:24:38

selling holidays on their behalf. So Peter signed a contract,

0:24:380:24:43

paid his £8,000,

0:24:430:24:44

and sent off the ownership deeds to his timeshare.

0:24:440:24:48

Not only was I getting out of the timeshare,

0:24:480:24:51

which I desperately wanted to do,

0:24:510:24:53

but also there was the possibility of a refund after the legal action.

0:24:530:24:58

For months, he heard nothing,

0:24:580:25:00

so Peter contacted Personal Travel Group

0:25:000:25:03

who reassured him that all was fine.

0:25:030:25:05

But that was completely untrue.

0:25:050:25:08

It turned out that Personal Travel Group

0:25:080:25:11

hadn't taken his timeshare off his hands at all.

0:25:110:25:15

Peter still owned it and was still liable for all the fees.

0:25:150:25:20

But he only realised that in December last year,

0:25:200:25:23

when he received a bill for the maintenance fees on the timeshare

0:25:230:25:26

that he thought he was now rid of. Peter was gutted.

0:25:260:25:29

Not only did I still own the time share,

0:25:310:25:34

but I'd lost the £8,000 that I'd paid to PTG.

0:25:340:25:37

My wife and I have been married for 46 years,

0:25:370:25:41

and in that time, we've never had to keep anything from each other,

0:25:410:25:44

but this was such a major item that I decided that it was prudent

0:25:440:25:49

to keep it from her until after Christmas.

0:25:490:25:51

When he tried calling Personal Travel Group

0:25:530:25:55

for an explanation of what they'd done with his money,

0:25:550:25:57

he was told they'd gone bust.

0:25:570:26:01

I discovered just before Christmas

0:26:010:26:04

that the PTG had gone into liquidation

0:26:040:26:06

and that I'd lost my £8,000.

0:26:060:26:08

As he tried to understand what had happened,

0:26:080:26:10

Peter discovered that the timeshare re-sale that he'd been offered

0:26:100:26:14

had never really been an option.

0:26:140:26:17

You just can't transfer the contract in this way.

0:26:170:26:21

And all that the £8,000 he'd handed over had bought him

0:26:210:26:24

was membership of a holiday club offering reduced-price travel.

0:26:240:26:28

I feel very bad and bitter about PTG

0:26:280:26:32

because it was they that took the £8,000

0:26:320:26:35

and seemingly conned me out of the £8,000.

0:26:350:26:37

Peter was also angry at the company that started all of this off -

0:26:370:26:42

International Timeshare Refund Action.

0:26:420:26:45

After all, they had directed him

0:26:450:26:47

towards Personal Travel Group in the first place.

0:26:470:26:50

So, when they'd first rung up,

0:26:500:26:52

why hadn't they been clearer about exactly what he'd be getting into?

0:26:520:26:56

That's a question that the Advertising Standards Authority

0:26:560:26:58

has considered, too.

0:26:580:27:00

In January, 2011, they ruled that ITRA's ads were misleading,

0:27:000:27:05

because they failed to make clear that respondents to their offer

0:27:050:27:10

could be asked to buy into another product.

0:27:100:27:13

But when we contacted International Timeshare Refund Action,

0:27:130:27:18

they didn't see that any of this was down to them.

0:27:180:27:20

They insisted that all they're doing

0:27:200:27:22

is trying to get people to register interest

0:27:220:27:25

in their future court action.

0:27:250:27:27

And, while they do licence other companies to run the meetings,

0:27:270:27:31

where that happens, as far as they're concerned,

0:27:310:27:33

anything else sold to people at those meetings is...

0:27:330:27:36

..and nothing to do with them.

0:27:380:27:40

They say they...

0:27:400:27:41

.."for any company with whom it does business,

0:27:440:27:47

"which for whatever reason is placed into liquidation."

0:27:470:27:50

We also tried various ways

0:27:500:27:51

of contacting people connected to the Personal Travel Group.

0:27:510:27:55

None of them replied.

0:27:550:27:58

Fortunately for Peter, he'd paid the £8,000 on his Barclaycard,

0:27:580:28:02

so, after months of uncertainty and stress,

0:28:020:28:05

he has now been given a full refund

0:28:050:28:08

under Section 75 of the Consumer Credit Act, 1974,

0:28:080:28:12

as Barclaycard agreed that there was a clear breach of contract.

0:28:120:28:17

He's still worried

0:28:170:28:19

that there are plenty of other desperate timeshare owners

0:28:190:28:21

who could find themselves in the same boat.

0:28:210:28:24

I'm really truly gutted, that I feel embarrassed, and I feel

0:28:250:28:30

that I'm in the same position as many hundreds of people

0:28:300:28:34

'who are still trying to resolve the issue of timeshare ownership.'

0:28:340:28:37

After out last series of Rip-Off Britain,

0:28:410:28:43

many thousands of you sent in for

0:28:430:28:46

our Rip-Off Britain Guide to Getting a Good Deal.

0:28:460:28:48

So this year, we've written a new, expanded guide with practical advice

0:28:480:28:52

on topics that are covered in this series.

0:28:520:28:55

Like PPI, cold calls and supermarket deals,

0:28:550:28:58

as well as updated tips and information on avoiding rip-offs

0:28:580:29:02

and how to get a better deal.

0:29:020:29:04

You can find a link to the new free guide on our website.

0:29:040:29:07

Or, to receive a copy in the post,

0:29:100:29:12

send a stamped, self-addressed A5 envelope

0:29:120:29:16

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

0:29:160:29:20

As I hope you know by now, we love hearing from you,

0:29:220:29:26

and an area where we've been especially keen to hear your stories

0:29:260:29:29

this year is when it comes to problems with the small print.

0:29:290:29:33

Perhaps a clause in a contract that's caught you out,

0:29:330:29:35

or terms and conditions that could have been much, much clearer.

0:29:350:29:38

Because, sometimes, missing even a few small words

0:29:380:29:42

can cause you a really big problem.

0:29:420:29:45

Which is exactly what happened to a number of people who got in touch

0:29:450:29:48

after signing up with one particular company.

0:29:480:29:51

And discovering, unfortunately too late,

0:29:510:29:53

a clause that can leave you seriously out of pocket.

0:29:530:29:56

It's 18 months since Usha Obhrai opened up

0:29:590:30:02

this hair and beauty salon in Wembley.

0:30:020:30:05

OK, I've got one appointment at 11 o'clock which is free.

0:30:050:30:10

She bought the business

0:30:100:30:12

after taking redundancy from her job as an accountant.

0:30:120:30:15

I thought it would be a good idea -

0:30:150:30:17

completely different to what I've been doing in the past.

0:30:170:30:20

What I actually enjoy most about the job is socialising,

0:30:200:30:23

actually, to get customers coming.

0:30:230:30:26

They love to have a chat and you get to know them.

0:30:260:30:29

That's the enjoyable part of it.

0:30:290:30:30

But six months later, after spending £40,000

0:30:320:30:35

setting up the business, the reality of running it began to take its toll.

0:30:350:30:40

'You are committed six days a week, basically,

0:30:400:30:42

'you're here from Monday to Saturday.

0:30:420:30:45

'But I find Sunday is taken up with paperwork'

0:30:450:30:48

and doing the accounts

0:30:480:30:50

and VAT returns and all the rest of it, so really

0:30:500:30:53

'it's a seven-day job.

0:30:530:30:55

'I'm not getting any younger, so to say!

0:30:550:30:57

'I'm 62 and I've been working for the last...over 40 years'

0:30:570:31:01

and I feel now's the time to enjoy myself.

0:31:010:31:03

So Usha decided to sell up.

0:31:040:31:07

She put her details on a website that lists businesses for sale

0:31:070:31:10

and very quickly received a call,

0:31:100:31:14

not from a prospective buyer, but a company called

0:31:140:31:16

Phoenix Business Agents Ltd, based in Oxfordshire,

0:31:160:31:20

and not to be confused with other companies with similar names.

0:31:200:31:23

They claimed that they could sell Usha's business for her -

0:31:230:31:27

and even better, they could do it fast.

0:31:270:31:29

My first question was, "How much is it going to cost me?"

0:31:290:31:34

They assured me there would be nothing to pay upfront.

0:31:340:31:37

The only cost will be when they sell the business,

0:31:370:31:40

so I thought to myself, "I've got nothing to lose, why not?"

0:31:400:31:43

The company sent round a salesman to discuss things further.

0:31:430:31:47

When he arrived, Usha was surprised at the high value

0:31:470:31:50

he put on the business - over £99,000.

0:31:500:31:53

I said, "It's a bit high. If you put it for that amount,

0:31:540:31:57

"I doubt you'll get any viewings at all."

0:31:570:31:59

He said, "No, no, no, I assure you, you know, we've got thousands

0:31:590:32:02

"of buyers, cash buyers, looking for this type of business in the area."

0:32:020:32:06

Next, another surprise. As well as a fee of £6,000,

0:32:080:32:12

if they were successful in selling the business,

0:32:120:32:15

Usha would need to pay Phoenix an upfront marketing fee of £600,

0:32:150:32:19

payable as soon as she signed up.

0:32:190:32:21

But satisfied that it would be refundable after six months

0:32:240:32:27

if there was no sale, she didn't read as thoroughly

0:32:270:32:30

as she could have done the rest of the contract -

0:32:300:32:33

a mistake she'd very soon come to regret.

0:32:330:32:36

He said, "If you do it now, we'll put it on the market,

0:32:360:32:39

"say tomorrow, you know, straight away,

0:32:390:32:41

"and, you know, you'll be able to sell, just like that."

0:32:410:32:44

So, in that sense, I was pressurised

0:32:440:32:47

and I didn't really get time to read the contract.

0:32:470:32:50

Remember, Phoenix had promised a quick sale.

0:32:500:32:55

So after paying the £600 marketing fee by credit card,

0:32:550:32:57

Usha waited for the viewings and the flood of "cash buyers"

0:32:570:33:00

she had been promised.

0:33:000:33:02

But when, after six weeks, she hadn't had the interest she'd expected,

0:33:020:33:06

she reduced the price by more than half, to £40,000,

0:33:060:33:10

in the hope that that might attract buyers.

0:33:100:33:12

You know, it just wasn't happening,

0:33:140:33:17

all the claims they made. I couldn't go to anybody else,

0:33:170:33:19

as well, because obviously, it was on a six-month contract and I felt

0:33:190:33:23

I was really stuck in a situation where I couldn't get out.

0:33:230:33:27

So at the end of the six months she was tied into,

0:33:280:33:31

disappointed that the company's marketing of her salon

0:33:310:33:33

had only resulted in one viewing,

0:33:330:33:37

Usha decided to cancel and ask for that refundable £600 back.

0:33:370:33:42

But when she did, she was horrified to receive from the company

0:33:420:33:46

not the expected refund,

0:33:460:33:48

but a demand for another fee,

0:33:480:33:50

of £3,000.

0:33:500:33:53

I was absolutely shocked by it, you know.

0:33:530:33:55

I spoke to one of their secretaries.

0:33:550:33:58

She said, "Oh, it's in the clause." I said, "What clause?"

0:33:580:34:03

She said, "It's on the back of the contract."

0:34:030:34:05

When Usha checked, there it was in black and white,

0:34:060:34:10

a clause saying that if she cancelled at any time,

0:34:100:34:13

even outside of the initial six-month period,

0:34:130:34:17

she would have to pay a termination fee of £3,000.

0:34:170:34:20

She had signed the contract without even noticing it.

0:34:200:34:23

The frustrating thing is £3,000 is written in words, not in figures.

0:34:230:34:29

Me being an accountant, I would expect to see any amount

0:34:290:34:32

with a pound sign and figures first, then the words in brackets.

0:34:320:34:38

But this was not the case.

0:34:380:34:40

If that was the case, I probably would have picked it up quickly.

0:34:400:34:43

For Usha, it seemed like the best option

0:34:430:34:46

was to stay on the company's books.

0:34:460:34:48

That way, she'd lose the £600 upfront fee that she'd hoped

0:34:480:34:51

to have refunded, but at least she wouldn't have to fork out £3,000.

0:34:510:34:56

But when she called Phoenix Business Agents Ltd

0:34:560:34:58

to say that she no longer wanted to cancel,

0:34:580:35:01

they told her it was too late.

0:35:010:35:04

As far as they were concerned, she couldn't now change her mind

0:35:040:35:07

and she'd have to pay that £3,000.

0:35:070:35:09

Usha feels that means the company is in a win-win situation.

0:35:090:35:14

Um, so basically, they're just sitting on a gold mine.

0:35:140:35:17

Usha refused to pay

0:35:180:35:20

and now the debt collectors are chasing her for the money.

0:35:200:35:23

So are the charges fair and would a court force her to pay them?

0:35:230:35:27

Let's ask a lawyer.

0:35:270:35:28

In relation to the £600 pounds, I think she has to let that go.

0:35:300:35:33

That seems to be attributable to the marketing Phoenix have undertaken.

0:35:330:35:37

The £3,000,

0:35:370:35:39

I can't see what that relates to and in order

0:35:390:35:41

for that to be valid, Phoenix would have to show it relates to some form

0:35:410:35:44

of loss they've suffered and I can't see that it relates to any loss.

0:35:440:35:47

Phoenix Business Agents Ltd disagree with Usha's version of events

0:35:480:35:52

and insist that she couldn't have felt pressured in any way,

0:35:520:35:56

because according to their records, they had two meetings with her

0:35:560:35:59

before she signed up.

0:35:590:36:00

Usha disputes that, but it's why they say she had...

0:36:000:36:04

..their terms and conditions.

0:36:060:36:08

They are confident she...

0:36:080:36:09

..and that...

0:36:130:36:14

..in this regard.

0:36:160:36:17

They say their valuation was based on information that Usha provided,

0:36:170:36:22

and that their termination fee is to cover...

0:36:220:36:24

They only pursue it in "rare" cases such as this,

0:36:290:36:32

where, according to them...

0:36:320:36:33

..or it is...

0:36:360:36:37

And they say that every year, they help sell dozens of small businesses,

0:36:400:36:44

with complaints...

0:36:440:36:45

To them maybe, but not to us.

0:36:480:36:49

We've spoken to a number of other people who have told us

0:36:490:36:52

that their experience of Phoenix Business Agents

0:36:520:36:55

is remarkably similar to Usha's.

0:36:550:36:58

And Usha herself says she'll never sign a document again

0:36:590:37:03

without reading it thoroughly first.

0:37:030:37:05

'I feel very angry with myself, as well.'

0:37:050:37:08

I feel really frustrated and I'm having sleepless nights over it.

0:37:080:37:15

My blood pressure's gone up and I just want to warn everybody,

0:37:150:37:20

other people, not to fall into the same trap as I did

0:37:200:37:23

and to make sure they read every single bit

0:37:230:37:25

of their contract in future, which I have started doing now.

0:37:250:37:29

Well, of course, Usha is by no means alone in being caught out

0:37:310:37:35

by the small print and it's a common complaint

0:37:350:37:37

at a time when, from what you've been telling us, terms and conditions

0:37:370:37:41

just seem to be getting longer and more complicated and more confusing.

0:37:410:37:45

So how can you avoid being tripped up by the small print?

0:37:450:37:48

Marie Clair, from the Plain English Campaign,

0:37:480:37:51

is here to spell it out.

0:37:510:37:52

If you're going to challenge any terms and conditions,

0:37:540:37:58

then you need to be sure, from the beginning, that you haven't

0:37:580:38:01

signed or ticked the box, unless you really do understand them.

0:38:010:38:06

If you don't read them, you're giving away your right

0:38:060:38:10

to challenging them at a later stage.

0:38:100:38:13

Make sure that there is something about the cancellation date

0:38:170:38:20

that is clearly detailing how you cancel,

0:38:200:38:24

how much time you have to cancel, if there is a cooling-off period,

0:38:240:38:28

and who you need to contact in order to cancel.

0:38:280:38:32

Somewhere within the terms and conditions,

0:38:330:38:35

there should be contact details for the supplier.

0:38:350:38:39

Make sure that you have those contact details

0:38:390:38:43

and that they are active before you need to use them.

0:38:430:38:48

So what about privacy policies?

0:38:490:38:52

That's the area where your personal details - your name, address,

0:38:520:38:57

telephone number, date of birth, even - can be recorded and,

0:38:570:39:01

if you don't opt out, then those details can be passed on

0:39:010:39:07

to other suppliers, without you realising who they are.

0:39:070:39:11

If you feel that the terms and conditions are unclear in any way

0:39:130:39:17

and, if particularly, the wording or the length of the documents

0:39:170:39:21

makes it difficult for you to understand the content,

0:39:210:39:24

then don't feel that that's your fault.

0:39:240:39:27

You have a responsibility to understand those words,

0:39:270:39:32

but the supplier has a responsibility to make sure

0:39:320:39:35

that they are understandable in the first place.

0:39:350:39:39

Here at Rip-Off Britain,

0:39:420:39:43

we're always ready to investigate more of your stories.

0:39:430:39:46

Confused over your bills?

0:39:460:39:48

Trying to wade through wodges of small print

0:39:480:39:51

that leave you totally confused?

0:39:510:39:53

We should read it, but it's not in plain English.

0:39:530:39:55

It should be simple. ABC, you know, very basic stuff.

0:39:550:39:58

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

0:39:580:40:01

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

0:40:010:40:04

You get home, you get your bill and it's, like, £70,

0:40:040:40:07

when it's meant to be £35.

0:40:070:40:09

And it's just, basically, you just get ripped off, don't you?

0:40:090:40:12

You might have a cautionary tale of your own and want to share

0:40:140:40:17

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

0:40:170:40:20

We paid them good money to act in our best interest. They didn't.

0:40:200:40:25

We're particularly keen to hear from you

0:40:260:40:28

if you've had a problem when travelling abroad or on holiday.

0:40:280:40:32

Did your airline let you down?

0:40:320:40:34

Been stung by hidden charges when booking your holiday online?

0:40:340:40:38

Or did your travel insurance fail to give you the expected protection?

0:40:380:40:41

You can write to us at...

0:40:430:40:46

Or send us an e-mail to...

0:40:540:40:59

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

0:41:000:41:05

The reality is that companies and businesses can so often

0:41:070:41:10

stick to telling us that old phrase,

0:41:100:41:12

"It's all in the terms and conditions"

0:41:120:41:14

so you could be forgiven for thinking that some of them use it

0:41:140:41:17

as a bit of an excuse, a smokescreen for why they haven't

0:41:170:41:20

bothered making all their small print just easier to understand.

0:41:200:41:24

I think it's true to say that, in most of the cases we hear about,

0:41:240:41:27

if you just can't get out of a contract, it's usually because

0:41:270:41:31

you didn't spot a key detail relating to termination restrictions

0:41:310:41:35

until it was, unfortunately, too late.

0:41:350:41:37

But when quite a few other people find themselves in exactly

0:41:370:41:40

the same boat, well, you can't help wondering if the relevant

0:41:400:41:44

details were not actually made clear enough in the first place.

0:41:440:41:47

Quite right. Well, the best advice remains to always make sure

0:41:470:41:51

you DO read all that small print.

0:41:510:41:53

There's no doubt that some businesses could do a bit more

0:41:530:41:55

to make the process easier.

0:41:550:41:57

That's it for today. Keep sending us your stories

0:41:570:41:59

and join us when we look into more of them soon.

0:41:590:42:02

Until then, from all of us...

0:42:020:42:04

ALL: Bye-bye.

0:42:040:42:05

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0:42:230:42:26

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