Episode 10 Rip Off Britain


Episode 10

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

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and you contacted us in your thousands

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by post, email, even stopping us on the street,

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and the message could not be clearer.

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It feels to me that I'm fighting a battle that I can't win.

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Costs you a fortune and when you actually get through,

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you get fobbed off.

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You told us that, with money tighter than ever,

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

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We ploughed thousands into it and we had nowhere to turn.

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Whether it's a deliberate rip-off,

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a simple mistake or a catch in the small print,

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

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Your stories, your money.

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This is Rip Off Britain.

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Hello and welcome to Rip Off Britain,

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the series that tries to ensure that whenever you spend your money,

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whether it's pounds or pennies,

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you really are getting exactly what you paid for,

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but that's not always the case.

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Sadly not, and today we'll be hearing

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about situations where things have gone wrong

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and the repercussions of that have rumbled on for months,

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and even years.

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So that, instead of being resolved quickly,

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the initial problem has created all sorts of extra difficulties

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and, of course, stress.

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Not to mention extra costs.

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There are huge sums of money at stake in these stories,

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and what makes that worse is the fact most of them

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appear to have begun with some sort of mistake or oversight.

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But, as we're going to see, that does not always mean that

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putting things right is straightforward.

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Coming up on today's show, why this woman says

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an error by one of Britain's best-known banks

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cost her over £7,000.

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I'm just disillusioned in the way that they treat people,

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and the way that they accuse you and don't listen.

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The solicitor's mistake that's left this family fighting

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a £150,000 debt they should never have had to pay.

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The more this case goes on, we realise that we are on our own

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and nobody else is actually helping us.

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And more invaluable advice from the experts at our pop-up shop.

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Go straight back to the energy company

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and say that you want this overpayment back,

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cos it's your money.

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Ask for everything up front, in writing,

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before you part with any money.

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Now, when you're deciding whether or not to buy a house,

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the thing that very often clinches it for you is the survey.

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Finding out that there's expensive work that needs doing can be

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what puts you right off.

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But, equally, being reassured that there's nothing major

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that's wrong with the building can be what spurs you on

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to go ahead with the purchase.

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So, what happens if later it turns out that there was something

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wrong and that the survey missed it?

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Well, in our next case, exactly that situation has

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resulted in a whopping repair bill for tens of thousands of pounds.

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So, who should be the one to pay it?

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Sarah Day is turning her passion for dressmaking into a career

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and it's a job that requires real attention to detail.

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I'm just trying to start it up as a business now.

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I've done a couple of wedding fairs and it's going really well.

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Back in 2009, Sarah began looking for a property that she could

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not only live in but from where eventually

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she could also run her budding dressmaking business.

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And with the help of mum Catherine,

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she soon found what she thought was the perfect first home in Essex -

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a reasonably priced Victorian terrace in need of some work.

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At the time we were looking, it was shortly after the financial crash.

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The whole housing market was just in sort of frozen

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and there was nothing moving.

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And this place had...

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sadly been repossessed, and it just had a lot of potential.

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Sarah offered £85,000 for the house, which was immediately accepted.

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She arranged a mortgage,

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and set about getting a survey and valuation.

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When we were sorting out the mortgage,

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obviously we had to get a survey done.

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The mortgage company recommended e.surv.

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e.surv are, in their own words,

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"The country's largest provider of residential valuation services

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"and do more valuations for lenders than any other surveyor in the UK."

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Because the property was quite run down,

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the fact that such an experienced company was going to be

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carrying out the survey reassured Sarah and her mum.

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We knew there were problems with the house.

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Because it's a repossession,

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you never get very good information about it.

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So, the only...

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The only information you get, really,

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is what you get from the survey.

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Indeed, when the report came back, it highlighted that there

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were areas of work that would require attention.

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And we went through the survey very carefully

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and they had picked up a number of things.

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Woodworm and damp...

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Damp in the cellar and the gutters...

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The house was in a bit of a mess and...

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We'd put some money aside to do it, hadn't we?

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-And factored that in.

-We looked at what needed doing

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and tallied up how much it was going to cost,

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and it was all perfectly doable.

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So, although considerable work was required,

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there was nothing to alarm Sarah or her mum,

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and they felt prepared to take it all on,

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so the sale went ahead.

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It was quite exciting.

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I was kind of thinking where I was going to put things.

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I had my eye on the cellar as my work room and...

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it was really good fun.

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After moving in, Sarah and her mum set about tackling the work

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that e.surv had highlighted as urgent.

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We worked through everything. We sorted out the heating system,

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we sorted out the bathrooms, we sorted out the gutters -

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all of that.

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Once all the main remedial work was completed,

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Sarah and her mum decided that they'd look at adding a fourth

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bedroom by building an extension in the roof space above the kitchen.

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It would allow Sarah to move in a lodger

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and make some money from the rental income.

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Until now, there hadn't been any reason for them

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to think that there was a problem with the roof because the

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survey certainly hadn't said that it needed urgent attention.

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Indeed, it had said there was no evidence of significant distortion.

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The e.surv survey said of the roof that it was in an average condition,

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so on that basis,

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we took it to mean there was nothing majorly wrong with it.

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So, thinking it was going to be a straightforward job,

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Sarah asked a builder for a quote,

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but his reaction was not what they were expecting.

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He stuck his head up in the roof and just said, "This is a major job.

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"You need a structural engineer."

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And he looked quite horrified, actually,

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that people were living in the house with it in that state.

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He really thought, if he went up there,

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there was a chance the whole lot could come down.

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And it seemed that the builder's fears were well-founded.

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The roof was sagging so badly that two dormer windows

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built into the roof had little support,

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and were on the brink of collapsing into the top floor of the house.

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Wooden beams that were vital in supporting the roof

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were barely attached to each other

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and, in some cases, not attached at all.

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And most concerning, the property's water tank,

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weighing well over half a ton,

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was balanced on just a few narrow beams, looking very unstable.

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The water tank was a big part of the problem.

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I mean, it was a massive thing.

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And if it had give way, which it could've done,

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there was a bed directly underneath it,

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which one of the lodgers was using,

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and then underneath that - the floor below - was my room.

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And it's quite likely it would've taken out both of those.

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Sarah and her mum got in a structural engineer,

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who confirmed the builder's opinion.

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In fact, he was so concerned, he refused to enter the loft,

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as he feared it would collapse under his weight.

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He was fairly horrified, actually, the look on his face.

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It was just horrendous, the state the roof was in.

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There doesn't seem to have been a lot holding it up...

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besides woodworm holding hands, as far as I can see, in places.

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It was just horrific.

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Sarah and Catherine couldn't understand how such significant

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problems were missed by the surveyor when he'd looked at the roof space.

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You've put your trust in the surveyors to tell you

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if there are any major problems, and they really let us down.

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They completely missed it.

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It's quite an old building, it's sort of 1880s,

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and old buildings can be wonky, but I didn't think anything of it

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because the survey said it was all right.

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If the builder could spot that it was in that state just by looking

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through the loft hatch, then how did they not notice?

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How did the surveyor not notice?

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The shock of finding the roof was in such a state was nothing

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compared to the cost it would take to put it right.

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The whole roof structure has had to be replaced,

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costing around £25,000.

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Add to that professional fees, removal, storage and redecoration,

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and the total cost for fixing this was over £32,000.

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If we'd had the right advice in the survey right at the outset,

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I don't think we would've bought the house.

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We might have tried to reduce our offer by about as much as

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we believed the works were going to cost.

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I'm not sure that we would have got a mortgage.

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In recognition that Catherine felt she hadn't had the best

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service from e.surv,

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the company offered a good will payment in full

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and final settlement, and without admission of any liability.

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But Catherine and Sarah still think that this is much less than

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they had to spend to fix the roof and make the house safe again.

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Once we'd let them know that we had a major problem,

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they came back with an offer but we just couldn't understand where

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they'd got this figure from.

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And there's absolutely no relationship to the amount

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that we've had to spend to put right the problems

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that they failed to identify.

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Sarah and Catherine feel they have no choice

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but to take legal action against the company,

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and it's left them questioning why house-buyers can be left

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so exposed to risks and such potential financial loss.

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It's a real David and Goliath situation.

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We're just ordinary people with finite resources,

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very limited resources,

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and they're a huge company with massive resources.

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We appointed them to give us professional advice and they failed.

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When we contact e.surv, they said that,

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as the matter is the subject of legal proceedings,

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they're unable to comment on specific aspects of the case.

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But they told us that, as the UK's largest surveying practice,

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they pride themselves on offering the very highest

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standard of service,

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and that their workforce of more than 380 fully qualified

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and experienced surveyors is subject to ongoing checks

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as part of their quality control.

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Where concerns are raised, they say they do all they can

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to resolve things to the customer's satisfaction,

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and they are satisfied that their procedures were

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followed in this case.

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Meanwhile, for Sarah, what was supposed to be an exciting first

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step on the property ladder has instead become a huge

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burden on both her and her mum.

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It's just cleaned out the savings of the whole family, really.

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I expect that...it will have effects on me and Mum for years, really.

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The amount of money that we had to spend out on fixing something that we

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should've been forewarned about.

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And if you have any concerns following a survey that

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you've had done on your property

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and you can't resolve it with the company who carried it out,

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then you should contact the Ombudsman Service for property.

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They will investigate your complaint free of charge

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and decide what action, if any, can be taken to resolve matters.

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We've been on the road again.

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This year, opening up our pop-up shop in Liverpool,

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with a whole team of experts on-hand to offer face-to-face advice

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to as many of you as we could.

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Go straight back to the energy company

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and say that you want this overpayment back,

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because it's your money.

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And we had more people calling in for information

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and advice than ever before.

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Set out what your evidence is, mention the industry benchmark...

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Ask for everything in writing, up front,

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before you part with any money.

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Our pop-up shop gives us the opportunity of hearing first-hand

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about situations where you feel you've been ripped off.

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And, here in Liverpool, you've been telling us just that.

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One man who came to see us was Terrence.

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He was hoping that communications expert David McClelland could

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help him with a problem that he's had trying to end the phone

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and broadband contract on a house that he no longer lives in.

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I informed them that I'd be moving on the 28th of August.

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The last bill I got, I got the bill on the September,

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which covered the August.

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Paid that. It was done by Direct Debit.

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Once I paid that, I said,

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"You can cancel that bill because there is no contract."

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So, verbally, on the telephone with them,

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you said, "I'd like to terminate my contract, please."

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I'm not renewing the contract cos I'll be moving very shortly.

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But the company didn't cancel the contract

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and carried on sending bills to Terrence's old address,

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which quickly stacked up.

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It's gone on now into several hundreds of pounds...

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..and they've now put bailiffs onto me.

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I've now received a letter with a reduction in the thing.

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-How much?

-£242 off.

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It sounds as though, by the fact they've written to you

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and made you an offer of a reduced bill to your new address,

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that they've acknowledged you've moved house,

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and they've acknowledged that maybe everything hasn't gone

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quite as it should've done.

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So, they're making you a gesture of good will to a certain extent.

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I wouldn't accept that.

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What I would be doing is I would lodge a formal complaint.

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All telecoms communication providers do have to have an official

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complaints procedure.

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If they don't respond to that to your satisfaction,

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then there are other places that you can go to.

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Now, there are two alternate dispute resolution services

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for the telecoms communications industry.

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One is called CSAS,

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The other's called Ombudsman Services.

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The guys at Ombudsman Services and CSAS make it very,

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very easy to complain.

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So, there's no - in theory -

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complicated form-filling to go through.

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They just want to make sure that you're happy with the service

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you receive from them.

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The official procedures there will mean that it does get looked at

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properly, and, if you're not happy,

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then there are regulated bodies who will make sure that that

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-complaint is dealt with satisfactorily.

-Fine.

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This year, we weren't just inside our shop.

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We were outside on the streets as well,

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with workshops packed with practical advice to stop you being caught out.

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Morning, all. I'm going to talk to you guys all today a little

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bit about broadband and how you can save money by switching.

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When you see an item in a shop, they are not offering to sell it to you,

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they are actually inviting you to make an offer to buy.

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Our experts went right into the heart of the city

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to give you top consumer tips.

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Whenever you use your credit card to buy something

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that costs more than £100 and less than £30,000,

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if something goes wrong, you can then go to the credit card company

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and they are legally obliged to help.

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Do you know? I do not think that anybody in Liverpool has

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an inhibition in their body. They're wonderful.

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And you go out, you give them an opportunity to meet the experts,

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but to participate and join in.

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It has been a real road show in that respect.

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Well, I think the shops haven't sold a thing

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and they've all been coming to us today,

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so whether they'll like Rip Off Britain again next year is another thing.

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But that's the other lovely thing that the crowd say.

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They go, "We watch Rip Off Britain, we learn by it."

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I hope that they've learned in the streets today.

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Still to come here on Rip Off Britain,

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a year since we first met her,

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what's happened to the woman who was left with a house impossible to sell?

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I definitely feel we're paying the price for somebody else's mistake.

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I'm very angry.

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Very angry and very hurt.

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Now, normally, when a company makes a mistake,

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you'd hope it would be relatively simple to put it right

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and certainly it shouldn't be you that ends up losing out.

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But we've been contacted by a family who,

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through absolutely no fault of their own,

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have ended up in the most dire straits imaginable.

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And, after six long years of fighting,

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now face losing everything,

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all because of disastrous blunders by not a bunch of amateurs,

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but highly skilled professionals

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who really should've known what they were doing.

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Annie and Michael Fan had a tougher start to life than most.

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As child refugees, they fled from Vietnam during the war

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and came to the UK to make a fresh start.

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But after the difficulties they faced,

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the couple have strived to give their own children better

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opportunities than they had.

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We've encouraged our children to work hard, save money.

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To commit into professional...be honest.

0:17:060:17:10

Be more flexible, open-minded, in order to succeed in life.

0:17:100:17:15

In 2007, they were looking to buy an investment property,

0:17:150:17:18

something that would hopefully give them

0:17:180:17:20

and their children a secure future.

0:17:200:17:22

We want to give them a good head-start throughout their life -

0:17:220:17:26

that was our intention.

0:17:260:17:28

They found what seemed the perfect property on sale for £180,000

0:17:280:17:33

in an area that they knew and liked.

0:17:330:17:36

It was the ground-floor shop and basement of a four-storey

0:17:360:17:38

end-of-terrace building where they hoped to start their own business.

0:17:380:17:42

But in October, 2007, just as they were exchanging contracts,

0:17:430:17:47

Michael and Annie were told by their solicitors that the property

0:17:470:17:51

had two hefty outstanding debts incurred by the previous owner.

0:17:510:17:55

We were shocked because, like, any transaction...

0:17:550:18:00

we expect everything go smoothly.

0:18:000:18:03

But the paperwork sent by the seller's lawyers,

0:18:030:18:06

a company called FC Solicitors,

0:18:060:18:08

reassured the couple that they had nothing to worry about.

0:18:080:18:11

The debt wouldn't be passed onto them. Instead, it would be paid

0:18:110:18:14

off with the money from the sale of the property.

0:18:140:18:17

When this one came to light, we had fights in the English legal system.

0:18:170:18:23

Everything would go away.

0:18:230:18:25

But that isn't how things turned out.

0:18:250:18:27

To raise as much money as possible to pay off their debts,

0:18:270:18:30

the sellers had split the building into two

0:18:300:18:33

and were selling both parts separately,

0:18:330:18:35

which, provided all the paperwork was in order and sorted in one go,

0:18:350:18:39

should have been straightforward.

0:18:390:18:41

We thought it's normal procedure, the charge would have been clear.

0:18:410:18:44

We would have registered our property via Land Registry

0:18:440:18:49

and we did not worry too much about it.

0:18:490:18:52

The sale of both halves of the building went ahead

0:18:520:18:55

and completed as planned, or so it seemed.

0:18:550:18:58

But, in fact, the whole process had been spectacularly botched

0:18:580:19:02

by the seller's solicitors.

0:19:020:19:04

The first clue to all that

0:19:040:19:05

was when they were told that only one of the two debts

0:19:050:19:08

on the property has been paid off with the money from the sale.

0:19:080:19:11

As for the other, well, in a catastrophic miscalculation,

0:19:110:19:15

FC Solicitors had only managed to pay off part of it.

0:19:150:19:18

Almost £67,000 of it remained unpaid.

0:19:180:19:22

And because this debt was secured on the property

0:19:220:19:25

that Michael and Annie now owned,

0:19:250:19:27

it was money they would now be chased for.

0:19:270:19:30

It's extremely hard to visualise how we maintain our family,

0:19:300:19:36

our career, our business...

0:19:360:19:39

It's absolutely a nightmare.

0:19:400:19:43

We literally go through hell.

0:19:430:19:45

And we had to be strong for each other

0:19:450:19:48

to master this problem all together.

0:19:480:19:52

There are also other errors made by the solicitors,

0:19:520:19:55

but the most disastrous consequence was that the family were

0:19:550:19:58

being asked to pay a debt that they never took out,

0:19:580:20:01

and now it threatens everything that they've worked for.

0:20:010:20:04

When this happened, we thought that we are both innocent.

0:20:040:20:09

The law somehow will protect it in some way or other.

0:20:090:20:13

Michael and Annie took their complaint to the

0:20:130:20:15

Solicitors Regulation Authority,

0:20:150:20:17

who, after investigating what had happened,

0:20:170:20:20

struck off the solicitor responsible for the mistakes.

0:20:200:20:23

They also ruled that the outstanding debt should be

0:20:230:20:25

paid off by FC Solicitors,

0:20:250:20:28

but the company didn't do it and they ceased trading.

0:20:280:20:30

But that hasn't helped Michael and Annie.

0:20:300:20:32

They're still being chased for the outstanding debt,

0:20:320:20:35

which, with interest added, has now risen to just over £150,000.

0:20:350:20:41

The company tried to make a claim

0:20:410:20:42

on the solicitor's professional insurance,

0:20:420:20:44

but the company's insurers said they wouldn't pay out.

0:20:440:20:47

They've also tried getting compensation from the regulator

0:20:470:20:51

but, so far, that has got them nowhere.

0:20:510:20:53

Michael and Annie are now in danger of losing everything.

0:20:530:20:56

Basically, we have to pay for it.

0:20:570:21:00

And, obviously, we have to raise the money somehow to pay for it.

0:21:010:21:06

And if you don't have that money,

0:21:060:21:10

you could become bankrupt.

0:21:100:21:12

And if you're working all your life to build up this far,

0:21:120:21:17

and you've got four children

0:21:170:21:19

and you want to set a good example to your next generation,

0:21:190:21:23

how do you feel about it?

0:21:230:21:25

You are innocent party...

0:21:250:21:28

and you are let down by the legal system.

0:21:280:21:32

The couple have now been battling to resolve this for six years,

0:21:320:21:35

but the situation has only gotten worse.

0:21:350:21:37

They've had to fight a repossession order placed on the property

0:21:370:21:40

in an attempt to force them into paying the debt that should

0:21:400:21:43

never have been theirs.

0:21:430:21:44

And, with their funds long gone,

0:21:440:21:46

they have no choice but to represent themselves in court.

0:21:460:21:49

The more this case goes on,

0:21:490:21:51

we realise we are really on our own and nobody is actually helping us.

0:21:510:21:56

And we keep having to pay all these bills.

0:21:560:21:59

It's really, really frustrating.

0:21:590:22:02

Michael and Annie feel they've been let down at every stage,

0:22:020:22:05

first by the solicitors who got them into this mess,

0:22:050:22:08

but also by the Solicitors Regulation Authority, who, as yet,

0:22:080:22:11

haven't got them out of it.

0:22:110:22:13

We wrote to two former partners of FC Solicitors,

0:22:130:22:16

the company who had got the family into this situation

0:22:160:22:19

in the first place. They haven't replied.

0:22:190:22:22

We also contacted the Solicitors Regulation Authority

0:22:220:22:25

and asked them why, as yet,

0:22:250:22:27

they haven't given the Fans any compensation.

0:22:270:22:30

They told us that a full review was under way and, in fact,

0:22:300:22:33

just as we were finishing this programme,

0:22:330:22:35

Michael got in touch with some fantastic news.

0:22:350:22:38

After fighting this debt for six long years,

0:22:380:22:42

the Solicitors Regulation Authority has now agreed in principle

0:22:420:22:45

to compensate him,

0:22:450:22:46

which has come as a huge relief to Michael and his family,

0:22:460:22:49

who can now finally stop worrying and start planning for their future.

0:22:490:22:53

As we've been hearing, what may seem a small mistake to a solicitor

0:22:580:23:02

can have far-reaching implications for you.

0:23:020:23:04

So, what's the best way to go about finding a good solicitor

0:23:040:23:07

in the first place?

0:23:070:23:08

At our pop-up shop,

0:23:100:23:12

solicitor Gary Rycroft was on hand with some key advice.

0:23:120:23:16

Try and choose a solicitor who has some kind of quality mark.

0:23:160:23:21

The Law Society has a quality scheme called Lexcel,

0:23:210:23:25

so law firms that have the Lexcel badge have passed certain standard.

0:23:250:23:30

Solicitors are regulated and insured,

0:23:300:23:33

so it's not rude or cheeky to ask

0:23:330:23:35

for a policy of their professional indemnity insurance.

0:23:350:23:38

It's always a good idea to find out how much your solicitor is going

0:23:380:23:42

to charge before you employ their services.

0:23:420:23:44

Before you engage the services of a solicitor,

0:23:450:23:48

always ask for a quote.

0:23:480:23:50

Always remember that the cheapest quote may not necessarily

0:23:500:23:54

result in the best service.

0:23:540:23:56

Once you've decided to engage the services of a solicitor,

0:23:560:23:59

ask for written confirmation of the cost and all terms and conditions.

0:23:590:24:04

Despite doing all of this, things may still go wrong.

0:24:040:24:07

Solicitors are only human, after all,

0:24:070:24:10

so it's important you know where to go if they do.

0:24:100:24:13

When you engage the services of a solicitor,

0:24:140:24:16

they should always tell you about their internal complaints procedure

0:24:160:24:20

in their initial terms and conditions.

0:24:200:24:22

So, never be afraid to make a complaint

0:24:220:24:25

according to that procedure.

0:24:250:24:27

And if you're still not satisfied after following the company's

0:24:270:24:30

response to your complaint,

0:24:300:24:32

you can take things to the next level.

0:24:320:24:34

Ultimately, you can make a written formal complaint

0:24:340:24:38

to the Legal Ombudsman.

0:24:380:24:40

But they're charged with dealing with consumer complains about

0:24:400:24:43

all sides of the legal profession...

0:24:430:24:46

anyone who has offered legal services to a consumer.

0:24:460:24:49

Most companies you tell us about haven't set out to rip you off,

0:24:530:24:56

so when you feel that's what's happened,

0:24:560:24:58

it may be their terms and conditions just weren't clear enough

0:24:580:25:01

or there's been a genuine mistake they've been slow to put right.

0:25:010:25:05

Whatever the explanation, when things go wrong,

0:25:050:25:08

you need to know what to do and where to turn.

0:25:080:25:10

So, we've put together a guide of tips and advice.

0:25:100:25:13

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

0:25:130:25:16

Or, for a hard copy, send a stamped A5 envelope

0:25:190:25:22

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

0:25:220:25:25

Something a lot you point out to us is that,

0:25:270:25:29

when you feel you've had a raw deal,

0:25:290:25:31

it's not always just about the money.

0:25:310:25:33

It's the sense of injustice

0:25:330:25:35

and unfairness that can leave a nasty taste in the mouth.

0:25:350:25:38

That's very much the case with this next story

0:25:380:25:41

and indeed why we felt we just had to investigate further.

0:25:410:25:44

Five years on from the peak of the financial crisis,

0:25:490:25:52

our relationship with our banks has changed for ever.

0:25:520:25:56

Official reports and enquiries suggest the banking system

0:25:560:25:58

remains unfixed and it's clear that the trust

0:25:580:26:01

they could once take for granted is no longer guaranteed.

0:26:010:26:05

Do I trust my bank?

0:26:050:26:07

Erm...

0:26:070:26:09

not wholeheartedly. No, I don't think I do.

0:26:090:26:11

They're a necessary evil, I think.

0:26:110:26:14

Don't really give the service the banks ought to, or used to.

0:26:140:26:18

Viv Woods has lost confidence in her bank Santander, and she blames them

0:26:180:26:23

for the fact she's out of pocket by thousands of pounds.

0:26:230:26:25

Her problems began after she changed

0:26:250:26:28

her mortgage product in October, 2010.

0:26:280:26:30

My mortgage that I have with Santander was coming

0:26:300:26:33

to its end of its two-year term.

0:26:330:26:36

Santander contacted me by letter to say that

0:26:360:26:41

if I took out a new product with them,

0:26:410:26:43

my mortgage monthly payments would halve.

0:26:430:26:47

Santander were suggesting that Viv pick a new fixed or discounted-rate

0:26:470:26:52

product to be sure she was getting the mortgage best suited

0:26:520:26:55

to her needs - a deal that seemed too good to pass up.

0:26:550:26:58

But, with her home up for sale,

0:26:580:27:00

she wanted to be confident she could take her new mortgage with her,

0:27:000:27:03

with no penalties attached,

0:27:030:27:05

and her bank seemed happy to reassure her on that.

0:27:050:27:07

They said, "That's not a problem.

0:27:090:27:11

"All that happens is your mortgage moves with you. It's portable.

0:27:110:27:15

"You'll take it from this house

0:27:150:27:17

"and you'll move it to wherever you move to."

0:27:170:27:19

Six months later, having found a buyer for her house

0:27:190:27:23

and a new dream home with plenty of outside space for her horses,

0:27:230:27:26

she contacted Santander to tell them

0:27:260:27:28

she was ready to move her portable mortgage to the new property.

0:27:280:27:32

But there was a problem.

0:27:320:27:33

Santander told her she couldn't take the mortgage with her after all,

0:27:330:27:37

which would leave Viv unable to buy the home she'd set her heart on.

0:27:370:27:41

I was totally shocked when they said,

0:27:410:27:44

"You can't transfer your mortgage.

0:27:440:27:46

"There's no prospect that this mortgage will be transferred."

0:27:460:27:51

So, I kept ringing them.

0:27:510:27:52

I went through a complaints procedure and then, finally,

0:27:520:27:57

one lady said to me,

0:27:570:27:59

"I suggest you obtain a credit report and you'll find you've not

0:27:590:28:05

"paid your mortgage for November."

0:28:050:28:07

Viv was baffled. She knew she'd paid the amount she needed to,

0:28:070:28:11

but when the credit report arrived, it showed that,

0:28:110:28:14

when a few months earlier she'd changed over to the new mortgage

0:28:140:28:17

that Santander had offered her,

0:28:170:28:19

she'd made two payments in one month and,

0:28:190:28:21

unfortunately, the bank's systems hadn't registered that one of these

0:28:210:28:25

was intended to cover the next month.

0:28:250:28:27

As a result, what seems as though it should've been an easily sorted

0:28:270:28:30

case of "computer says no" was jeopardising

0:28:300:28:33

the whole of her house purchase.

0:28:330:28:35

They couldn't set up a Direct Debit in time for the new mortgage,

0:28:350:28:40

so I'd sent a cheque and that cleared on the 28th of October,

0:28:400:28:44

which was for the November payment. I kept explaining that.

0:28:440:28:48

I even got my bank statements and said,

0:28:480:28:51

"I note the dates that it's cleared."

0:28:510:28:53

They wouldn't accept it.

0:28:530:28:55

It meant that we couldn't complete on this property

0:28:550:28:57

and I was frightened that we were going to lose it.

0:28:570:29:00

HORSE NEIGHS

0:29:000:29:02

It was really stressful.

0:29:020:29:04

I was tearful and constantly contacted Santander

0:29:040:29:07

to try to tell them to rectify their error...

0:29:070:29:10

and they wouldn't do it.

0:29:100:29:12

All this was a real shock to Viv.

0:29:130:29:15

She couldn't understand why she was suddenly being told

0:29:150:29:18

she couldn't transport her mortgage,

0:29:180:29:20

especially so soon after the bank had encouraged her to take it out.

0:29:200:29:24

If I'm such a bad customer with such a bad credit history

0:29:240:29:27

that I'm not worthy of having a mortgage with

0:29:270:29:31

or porting a mortgage, why sell me a new product?

0:29:310:29:34

The bit I don't understand is, they contacted me

0:29:340:29:38

and asked me to keep my mortgage with them.

0:29:380:29:41

And if I was such a risk,

0:29:410:29:43

they wouldn't have offered a new product on the old property.

0:29:430:29:48

Apart from one missed payment in 2010 when her mother had died,

0:29:490:29:53

which the bank was fully aware of,

0:29:530:29:55

Viv had always kept on top of her payments.

0:29:550:29:57

But, then, just as it looked like she was going to lose her dream home,

0:29:570:30:01

Santander got in touch with some good news.

0:30:010:30:04

I received a phone call from the Executive Complaints Director,

0:30:040:30:07

which sounds pretty official to me, to say, "We've got it wrong."

0:30:070:30:12

He explained that because the computer system at Santander

0:30:120:30:17

hadn't recognised a payment on the 1st of November,

0:30:170:30:20

they had made a mistake, and he apologised profusely.

0:30:200:30:24

I was so excited, I cried and I cracked open a bottle of champagne,

0:30:240:30:30

because it just meant that everything was sorted

0:30:300:30:34

and it was all over.

0:30:340:30:35

Santander wrote to Viv,

0:30:360:30:38

saying they would amend her credit file to take off the missed

0:30:380:30:41

payment and advised her to reapply to successfully port her mortgage.

0:30:410:30:46

Viv was reassured the purchase of her new home could go ahead.

0:30:460:30:50

But she was in for another shock. When, as suggested,

0:30:500:30:53

her financial advisor contacted Santander to reapply,

0:30:530:30:56

they informed him they still weren't prepared to lend on the new property

0:30:560:31:00

and Viv still didn't meet the criteria

0:31:000:31:02

for the mortgage to be transferred.

0:31:020:31:04

With a two-week deadline looming before the completion

0:31:040:31:07

on selling HER home, Viv felt she had little choice

0:31:070:31:10

but to go ahead with the sale and move into rented accommodation.

0:31:100:31:14

The people had to complete on my property in May,

0:31:140:31:17

they had a deadline. I didn't want to let them down.

0:31:170:31:19

I wanted to move from my house, cos I didn't have enough land,

0:31:190:31:23

but I had no property to move to.

0:31:230:31:27

I had to rent an acre field with two stables for six horses and my goat,

0:31:270:31:34

and we had to rent an alternative house.

0:31:340:31:38

We had to move into rented accommodation.

0:31:380:31:40

With the sale of her home completed,

0:31:400:31:43

and desperate not to lose the one she wanted to buy,

0:31:430:31:46

on the advice of her financial advisor,

0:31:460:31:48

Viv approached another mortgage lender.

0:31:480:31:50

They wasn't bothered about any problems.

0:31:500:31:54

They knew the urgency...

0:31:540:31:57

They instructed a surveyor the day after and, by one o'clock,

0:31:570:32:04

the mortgage offers had been faxed through to both

0:32:040:32:07

my financial advisor and my solicitors.

0:32:070:32:10

Viv finally moved into her home in July, 2011,

0:32:100:32:14

but there was one final and very costly twist still to come.

0:32:140:32:19

My solicitor contacted me as completion was going through

0:32:190:32:23

on the 7th of July on my dream home, to say,

0:32:230:32:26

"I'm really sorry, Viv,

0:32:260:32:28

"but because you haven't ported your mortgage with Santander,

0:32:280:32:32

"and because you've gone to a new supplier for your mortgage,

0:32:320:32:35

"they're charging you £5,700 in an early redemption fee."

0:32:350:32:40

That, to me, was just wholly unacceptable.

0:32:400:32:44

Determined that she shouldn't have to pay for a situation

0:32:440:32:48

she's adamant was because of an error by the bank,

0:32:480:32:51

Viv is now pursuing Santander through the courts to claim the money back.

0:32:510:32:54

When a bank like this make a decision that

0:32:550:32:58

"we're not transferring your mortgage,"

0:32:580:33:00

they don't know what you're going through.

0:33:000:33:02

I'm just disillusioned in the way that they treat people

0:33:020:33:06

and the way that they accuse you and don't listen.

0:33:060:33:11

When we contacted Santander, they told us they've reviewed the details

0:33:120:33:16

of Viv's case but maintain that she did not meet the eligibility

0:33:160:33:20

criteria for porting her mortgage because of her payments and arrears.

0:33:200:33:24

And they say

0:33:240:33:25

as she chose to move her mortgage before the end of the term,

0:33:250:33:28

in line with their terms and conditions,

0:33:280:33:30

an early repayment charge was applicable.

0:33:300:33:33

Even so, just as we were finishing this programme, there was good news.

0:33:360:33:40

As a good will gesture, and without accepting any liability,

0:33:400:33:45

or that they were wrong,

0:33:450:33:46

the bank has now offered to give Viv the money back,

0:33:460:33:49

but she's still unhappy about everything that has happened.

0:33:490:33:53

Nobody understands the effect that it has on somebody's life.

0:33:530:33:57

They must say sorry to me -

0:33:570:33:59

I'm absolutely adamant about that -

0:33:590:34:02

and then I'd like my money back, please.

0:34:020:34:05

I'd like my £5,700 back.

0:34:050:34:08

Nobody understands the effect it has on somebody's life

0:34:080:34:13

and the effect it has upon you.

0:34:130:34:15

Now, one of the most memorable stories in our series last year

0:34:210:34:24

was to do with the devastating implications of a mistake

0:34:240:34:27

that had left one woman unable to sell their family home.

0:34:270:34:30

And it was all because an extraordinary but really crucial

0:34:300:34:34

detail had been missed.

0:34:340:34:35

Well, there have been some big developments in that situation

0:34:350:34:38

since then, although, sadly,

0:34:380:34:39

it doesn't mean that things are actually resolved.

0:34:390:34:42

It was 2007 when Chris from Sussex first put her house on the market.

0:34:440:34:49

But for the next five years, she found it impossible to sell.

0:34:490:34:52

She had plenty of viewings and even offers,

0:34:520:34:54

but all fell through for the same astonishing reason.

0:34:540:34:58

Chris first got in touch with Rip Off Britain last year,

0:34:580:35:01

after yet another potential buyer had pulled out.

0:35:010:35:04

I was gutted.

0:35:040:35:06

I just can't find the words to express how I feel.

0:35:060:35:09

I felt as if I had been dealt a great big, hefty blow.

0:35:090:35:13

Each time the sale had collapsed, it was because of an extraordinary

0:35:130:35:16

complication with the title deeds of Chris' property,

0:35:160:35:19

one likely to put off any buyer,

0:35:190:35:21

but it had only become clear when Chris put the house up for sale.

0:35:210:35:25

She discovered then that the deeds contained a clause forbidding

0:35:250:35:29

them to sell the house without their next door neighbour's permission.

0:35:290:35:32

What's more, any structural changes to the home would need to be

0:35:320:35:36

run past the neighbour as well.

0:35:360:35:37

So, technically, even if they wanted to knock a wall down

0:35:370:35:40

inside the house, they would have to pop next door

0:35:400:35:43

to check if that was all right.

0:35:430:35:44

This is why the people pulled out of buying the property,

0:35:440:35:49

because they weren't prepared to take the house on

0:35:490:35:53

with those restrictions on, which is fair enough.

0:35:530:35:57

We wouldn't have taken it on if we'd have been told about it.

0:35:570:36:01

And that is the root of the problem.

0:36:010:36:03

When she'd bought the house back in 2000,

0:36:030:36:05

Chris said she wasn't told about the restrictions.

0:36:050:36:08

It later emerged that Chris' house had been built on land

0:36:080:36:11

which originally belonged to next door.

0:36:110:36:14

Now, when the land was eventually divided up,

0:36:140:36:16

the deeds weren't adjusted accordingly.

0:36:160:36:19

But Chris couldn't understand how the property was sold to her

0:36:190:36:22

with the restrictions in place,

0:36:220:36:24

so she asked the solicitors that handled the original sale,

0:36:240:36:27

a Maidstone-based company called Gullands, for an explanation.

0:36:270:36:30

And they accepted that they could have done more to put right

0:36:300:36:33

the deeds at the time she bought it.

0:36:330:36:36

They've admitted, technically, the wording was wrong.

0:36:360:36:40

They admitted they're wrong.

0:36:400:36:42

He's admitted they could have been corrected.

0:36:420:36:45

Gullands were confident that the problem could easily be resolved.

0:36:450:36:49

But, in fact, getting the restrictions on her home lifted

0:36:490:36:52

has proved more difficult than anyone anticipated.

0:36:520:36:55

And for the next five years,

0:36:550:36:57

Chris' house proved virtually unsellable.

0:36:570:37:00

Over that period, she faced every potential buyer,

0:37:000:37:02

knowing that as soon as they found out about the restrictions

0:37:020:37:05

on the property, they, too, would be put off.

0:37:050:37:07

She feels her solicitors Gullands have totally let her down.

0:37:070:37:11

They're the legal profession.

0:37:110:37:13

It's their job to know what all this is about,

0:37:130:37:17

what conveyancing is about,

0:37:170:37:19

what those words on those papers mean.

0:37:190:37:22

We paid them good money to read that and to act in our best interests.

0:37:220:37:27

Gullands did offer to pay a total of £435 compensation,

0:37:270:37:32

some of which was to cover the inconvenience caused

0:37:320:37:34

and handle any future sale of her property for no fee.

0:37:340:37:38

But Chris doesn't consider that covers what she has lost.

0:37:380:37:41

She feels that, with the extra legal costs she's paid out,

0:37:410:37:44

as well as the financial implications

0:37:440:37:46

of staying in the old house longer than she'd hoped,

0:37:460:37:49

the knock-on effects of all of this have been catastrophic.

0:37:490:37:51

I definitely feel we're paying the price for somebody else's mistake.

0:37:520:37:56

In November last year,

0:37:560:37:58

Chris did finally manage to sell her house and move to this bungalow.

0:37:580:38:01

To do so, she employed another firm of solicitors, who,

0:38:010:38:05

funded by the legal protection on her home insurance,

0:38:050:38:08

eventually paid the neighbours £10,000 in order

0:38:080:38:11

for the restrictions to be lifted.

0:38:110:38:13

And she ended up accepting an offer £110,000 lower than the offer

0:38:130:38:18

she'd had before the problem came to light.

0:38:180:38:20

All of which means she's been left with a large mortgage on her

0:38:200:38:23

new home and, instead of enjoying their retirement,

0:38:230:38:26

her husband has to continue to work.

0:38:260:38:28

Having a mortgage just horrifies me and upsets me,

0:38:280:38:33

because we shouldn't be having it.

0:38:330:38:35

My husband should be retired and enjoying this.

0:38:350:38:39

He's left the house this morning at six o'clock...

0:38:390:38:43

this morning to get a train to work.

0:38:430:38:46

He won't be home until six o'clock tonight.

0:38:460:38:48

He's 64.

0:38:480:38:50

He's worked nearly 50 years and he's now still talking that

0:38:500:38:54

he's got to work over retirement age because of this mortgage.

0:38:540:39:00

Although Chris is now settled in her new home,

0:39:000:39:02

she can't believe that the restrictions were ever

0:39:020:39:05

there in the first place.

0:39:050:39:06

When we purchased the property, they never pointed out to us

0:39:060:39:11

the effects of the covenants on the property,

0:39:110:39:14

so I blame them for putting us in the situation we're in.

0:39:140:39:19

We asked solicitors Gullands about Chris' case.

0:39:200:39:23

They've told us they're always disappointed

0:39:230:39:25

when a client is less than satisfied

0:39:250:39:27

but maintain that, in their opinion,

0:39:270:39:29

the covenants were not of themselves onerous

0:39:290:39:31

and say they were brought to Chris' attention when she bought the house,

0:39:310:39:35

something she emphatically disputes.

0:39:350:39:37

They say this case involved a simple error at the Land Registry

0:39:370:39:41

and they do not accept that this issue should have caused

0:39:410:39:44

any real problems when Chris wanted to sell her house.

0:39:440:39:48

And although they accept they could have taken the opportunity

0:39:480:39:51

to correct things at the time,

0:39:510:39:53

they're satisfied that they've dealt with the case fairly,

0:39:530:39:55

that they've taken every opportunity to engage with Chris,

0:39:550:39:59

and that their original offer of compensation was appropriate.

0:39:590:40:02

They also point out that, although they're not privy

0:40:020:40:05

to any further legal advice Chris may have received,

0:40:050:40:08

no legal proceedings have been served.

0:40:080:40:11

But while her former solicitors remain confident that

0:40:110:40:13

all this should not have created an ongoing issue,

0:40:130:40:16

Chris is adamant that it has and is clear that,

0:40:160:40:18

however the problem could best have been resolved, for her,

0:40:180:40:22

it's caused an extraordinary amount of stress.

0:40:220:40:24

I'm very angry.

0:40:240:40:25

Very angry and very hurt.

0:40:270:40:29

Here at Rip Off Britain,

0:40:360:40:37

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

0:40:370:40:40

Confused over your bills?

0:40:410:40:43

My first ever bill, I'd only been in the house for four months,

0:40:440:40:49

and it was for £2,000, erm...£2,700.

0:40:490:40:53

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

0:40:530:40:56

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

0:40:560:40:59

We don't have that amount of money, so...

0:40:590:41:03

..I can't see an end to this situation at all.

0:41:050:41:08

You might have a cautionary tale of your own

0:41:080:41:10

and want to share the mistakes that you made with us,

0:41:100:41:13

so that others don't do the same.

0:41:130:41:15

And had no idea that this company with this wonderful website

0:41:150:41:19

was going to be so poor.

0:41:190:41:21

You can write to us at...

0:41:210:41:23

Or send us an email to...

0:41:330:41:34

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

0:41:380:41:43

Well, we all make mistakes but it's how we put them right

0:41:440:41:47

that can make all the difference.

0:41:470:41:49

And if there has been some kind of error and it isn't easily fixed -

0:41:490:41:52

well, as we've been hearing, it can make the situation so much worse.

0:41:520:41:55

It really can and, quite honestly, I'm always astonished to hear

0:41:550:41:59

how, in some of the most extreme situations you tell us about,

0:41:590:42:01

you can feel as if you're pretty much on your own,

0:42:010:42:04

trying to fight your corner with far less help or protection than

0:42:040:42:07

you might have expected.

0:42:070:42:08

But, of course, that's where we come in.

0:42:080:42:10

So, do keep telling us about situations

0:42:100:42:12

where someone else's blunder has left you out of pocket

0:42:120:42:15

and, hopefully, we can either point you in the right direction of where to turn to,

0:42:150:42:19

or stop the same thing happening to someone else.

0:42:190:42:21

Well, we're going to see you again very soon to investigate

0:42:210:42:24

even more of your stories but, until then,

0:42:240:42:26

-from the Rip Off team, bye-bye.

-Bye.

-Bye.

0:42:260:42:29

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0:42:290:42:32

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