Episode 17 Rip Off Britain


Episode 17

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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 street.

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And the message could not be clearer.

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There's too much focus on profit and less on customer care.

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It's so hard to complain. Companies make it so difficult to complain.

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You told us with money tighter than ever,

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you need to be sure that every pound counts.

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All my money is very hard earned,

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so when I go to spend it, I expect value for money.

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So, 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

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and what you can do about it.

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Your stories, your money. This is Rip-Off Britain.

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Hello, welcome to Rip-Off Britain,

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the series that battles on your behalf

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when you've had a problem that you can't resolve

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or you've ended up out of pocket

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regardless of whether it's by a very small amount or hundreds of pounds.

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It's really large sums of money that are in dispute in the stories we've investigated for today's programme.

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And what makes that worse is that the people involved would say that the reason they've lost out

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is because of the actions or indeed mistakes of someone else.

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So for them, the situations they've ended up in are absolutely not their fault

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and yet they don't seem to be able to get anywhere trying to sort it all out.

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So we'll see if we can get to the bottom of what's gone on

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and look into how to stop the same thing happening to you.

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Coming up on today's show,

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a man who relied on the experts but now feels that they've cost him dearly.

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Quite simply, building regulations got it wrong

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and it's cost us nearly £50,000 to fix.

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The mystery of why none of the checks made when buying this car

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turned up the crucial fact that it was stolen.

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I've lost money on my car. Now I'm losing more money trying to find out what's happening about this car.

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And I just don't know what to do.

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Plus we're back at our pop-up shop, dishing out advice to the consumers of Liverpool.

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I guess these days we're all aware the face of banking has changed completely over the last 20 years.

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The chances are you won't even see a face at all

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because these days the banks really would like us to do our transactions online or even over the phone.

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Anything rather than at a local branch.

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And while most of the advances with internet banking and faster payment systems are good news,

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there's also a very serious pitfall that you probably won't have realised.

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Just one wrong click of the mouse

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made not by you but by somebody else

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can mean that hundreds of pounds are lost forever

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with absolutely no way of putting things right.

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Ann Couston is a very busy mum.

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I have nine birth children aging from 12 to 29.

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We've been foster carers for the last eight years

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and we're adopting a three-year-old who's been with us since he was born

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and has additional special needs and who we love to bits!

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Looking after such a big family is a full-time job

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and anything that can make life a little bit easier is a good thing.

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And for Ann, internet banking has been particularly useful.

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At least until now.

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I find internet banking is such a beneficial thing to have.

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We're in a fairly rural location. We don't have a bank here.

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It's about five miles to the nearest town.

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I've obviously got a large family and I've got foster children

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so it's not easy to get to a bank in town.

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So when Ann had to transfer some money to help her 26-year-old son, Murray,

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she knew that she could simply log on and sort everything out online.

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Murray graduated from university and this was his first job that he'd just got.

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He needed to get a flat in Glasgow.

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He didn't have money saved himself at that stage.

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So that he could get in quickly, we agreed that we would help him with the deposit and rent online.

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The landlady of the flat emailed the details of her account number and sort code

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so that Anne could transfer the money to her via online banking.

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Thanks to the faster payments system,

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which most banks use to transfer money between accounts,

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the £900 should have been in the landlady's Bank of Scotland account

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in just two hours.

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But days later, there was no sign of it

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so Anne called the landlady to check the account details she'd been given.

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We realised that on the email she had got just one digit wrong on her account number.

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The sort code was right and I'd put her name in right,

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but she'd just made a mistake of one digit.

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That simple single-digit mistake

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would turn out to have far reaching repercussions.

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But, worried about where the money had gone,

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Ann called her own bank, The Clydesdale.

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They said if the account name and number didn't tally,

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it should be bounced back into my account.

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Reassured that apparently the mistake could be rectified,

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Ann waited for her money to be returned.

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But it didn't appear.

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And it didn't arrive in the landlady's account, either.

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By the end of the week, I phoned them back again

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and said, "It's still not come back."

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And they said, "Oh, actually, because the wrong account number existed,

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"it would have been paid to that account. It doesn't matter that the name didn't tally."

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And so our money was gone to somebody else.

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Ann's £900 had been transferred into the bank account of a complete stranger.

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Unsurprisingly, she was devastated.

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£900 is a huge amount of money

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especially since it was coming up to Christmas.

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We have a large family.

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And we really couldn't spare it.

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I didn't have another £900 to pay.

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So why did Ann's payment go missing?

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It's all down to what some would say is a flaw in the faster payments system.

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Faster payments speeds up transactions between accounts

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and it's made banking an awful lot easier for millions of people since it was introduced in 2008.

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But when you're transferring money,

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there is no requirement for banks to check anything more than the sort code and the account number

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of the account to which you're sending it.

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So, even if you have provided the name of the account holder as well,

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the bank does not need to check if it matches up.

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Which means if just one wrong digit is entered

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even if, as in Ann's case,

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that is the number that you've been given,

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then the money can be sent straight into the wrong account.

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Luckily for Ann and her son, the landlady was very supportive.

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She took responsibility for providing the wrong account details

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and allowed Murray to move into the flat while she tried to get her bank, the Bank of Scotland, to help.

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But because the money had never gone anywhere near her account,

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the bank would not discuss the matter with her.

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It was down to Ann to get the money back.

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So, once again, she called her bank, The Clydesdale.

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I contacted the online support centre again

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and they put in a missing payments trace through the faster payments system

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and they then had to wait 14 days for a reply from the Bank of Scotland.

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14 days went by

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and Ann's bank did not receive a response.

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So they wrote to the Bank of Scotland, enclosing a letter to the person

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who had the £900 transferred into their account,

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requesting that the cash be returned.

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What happened, we don't know whether the client never got it or just ignored it.

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But the final response from the Bank of Scotland was

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"We can't get any response from the customer. Case closed."

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That's it!

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The Bank of Scotland told Ann that in theory she could deal directly with the account holder

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who'd mistakenly got her money.

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The only snag with that is because of Data Protection rules,

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they can't tell her anything about who that person is!

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I think it is right that people's data should be protected

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and I wouldn't want my bank to give my details to anyone else.

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So it's completely right that the bank didn't give me the details.

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But you can't raise a small claim against someone whose name you don't know!

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So we were just left completely unable to get the money back.

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Ann could pursue legal action, forcing the bank to reveal details of who's got her money.

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But as it would most likely cost her more than she's owed, she's decided against it.

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And when she went to the Financial Ombudsman Service,

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they couldn't help either because neither bank has actually done anything wrong.

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They haven't actually broken any rules, but they haven't got any heart.

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Plus it's just simple justice.

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It's just not fair

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that the bank should take the money and there's no way of getting it back

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when any of us can make a simple mistake.

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It wasn't fraud or deceit or anything like that.

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It was just a simple error.

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I just fail to understand why we can't get it back.

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If this was the bank's £900, I've absolutely no doubt

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that they would be getting it back straight away.

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So, what could Ann have done differently?

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Unfortunately, the short answer is "Not a lot".

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All that you can do to protect yourself as much as possible

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from a situation like Ann's when you're making an online bank payment

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is to thoroughly check and then double check the account details of the recipient.

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And ask them to confirm them if you're at all unsure.

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But for Ann, extraordinary as it sounds,

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no-one can help her get her £900 back.

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We asked the two banks involved "Why not?"

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Ann's bank, The Clydesdale, said

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they'd asked the Bank of Scotland to ask the person who got the money

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to authorise a reversal. But...

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Though they'd passed on a second letter explaining that the funds had been received in error,

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the customer has not sent a reply.

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And as the bank says, they...

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For their part, the Bank of Scotland reiterated that they have done all they can

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to try and get their customer to return the money. And that...

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But again, they say they cannot just take it.

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So "with regret" they have had to tell Ann that the case is closed.

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But Ann would like to see the transfer system changed

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to make it possible for account numbers to be cross-referenced with account names.

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That way, if a mistake is made with just a single digit,

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it would show up, could be corrected

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and no-one would lose their money.

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It's really frustrating that the bank could have just done a simple check

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of the name against the account number

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and it would have saved us £900 and saved all this frustration and hassle.

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So I've come to meet Neil Aitkin from the Payments Council

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to find out just why these issues cannot be addressed.

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Neil, we live in the 21st century, not the 18th century.

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Computers can do all sorts of amazing things.

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Why is it not possible to marry up the account number and sort number with the name of the recipient

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and thereby avoid so many of these problems?

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There's good reason that payments are addressed by the number.

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If you think about it, when you're using names,

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there can be lots of variation which would make it difficult

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and actually introduce a different set of problems if that's how you addressed the payments.

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And actually, if you double check the sort code and account number,

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you can be certain that the payment will get to the right place.

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That doesn't answer the question why you can't marry up the number with the name.

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It's a technical thing.

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The sort code and account number are, in law,

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the way that the payment has to be addressed.

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Change the law! We have been looking into this over the last year

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and we've found we're gathering the data on how many cases there are of this.

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Early indications are that it's a really small number.

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It's an unfortunate position and obviously it isn't an easy situation to find yourself in,

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but all is absolutely not lost.

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You do have recourse through the courts to try and get that money back.

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Most of us will have heard the parable that says

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"The wise man builds his house upon the rock."

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If you're planning any sort of extension to your home,

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it may not be quite so obvious what sort of ground you'll be building on.

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Which is why you have to rely on an expert to tell you.

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That's what Ian Carney did.

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But unfortunately, that didn't stop things going terribly wrong.

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Ian, by the way, is a professional animator,

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so you'll see that he's given us some help in telling his story.

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This could represent any suburban street.

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But behind these rows of happy homes

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lies a cautionary tale about the pitfalls of building a house extension.

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And how even when you think you've followed all the right procedures,

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things may not work out as planned.

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For professional animator Ian Carney and his wife Wendy,

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their dream extension has turned into a nightmare.

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We've got a broken home. We've ploughed thousands into it

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and we had nowhere to turn.

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The impact on the family has been massive for the last year.

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It's basically brought our relationship between myself and Ian to our knees.

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They just slowly grind you down, grind you down, grind you down.

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And you don't realise how much it does until you start going into it all again.

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Ian and Wendy's extension was supposed to be the final stage

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of a 16-year project to build their perfect home.

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We had these big plans to build on one side

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go up into the loft and build on the other side.

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We've been here 16 years now and this was the last part, getting this extension finished

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to provide a lovely home for our family.

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The plans were drawn up by an architect

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and approved by the local authority Waverley Borough Council.

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The next thing needed was to make sure that everything met with the building regulations,

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a legal requirement for all building work.

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Building regulations were introduced in 1965

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and then amended in 1984

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to ensure that all buildings meet the same standards of safety and quality.

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At different stages of a project,

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an inspector will make sure that builders are sticking to the regulations

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and the construction is progressing in a safe and responsible manner.

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I thought we didn't really need the architect to see it through.

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Building regulations would suffice.

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They're the policemen for building projects.

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They provide a safe minimum standard.

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If it doesn't pass them, you don't get a completion certificate.

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Simple as that.

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There were several key stages throughout the work

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at which the building regulations inspector was scheduled to visit.

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One of the early ones was when a hole was dug. A very important moment!

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If you get that wrong, everything else is going to be wrong.

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And unfortunately, so it proved.

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So the builders dug by hand the foundations.

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The building regulations inspector came along to assess the foundations

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and he had a little joke with the builders, saying, "You didn't need to go down that deep!"

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The building inspector said in his written report

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that the ground was composed of firm cohesive sand

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and that the foundation depth of 1.2 metres was perfectly adequate.

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Ian and his builder were reassured by the inspector's visit.

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But Ian has subsequently been told

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that his house was not constructed just on firm, cohesive sand.

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The ground was also made up of very silty clay.

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Our ground, if you go down a foot and a half is clay.

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There's lots of it. Sticky stuff.

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The building inspector's written down "firm, cohesive sand".

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You can see why Ian thought he was on safe ground

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with the foundations he had based on the building inspector's report.

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But, Ian says, experts have told him

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that the clay upon which his extension was built

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is classed as being of high to very high shrinkability.

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This means that when the soil is wet it will expand

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and when it's dry, it will shrink.

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This ground movement can be influenced also

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by the roots of nearby trees and shrubs as well as the weather.

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But the significance of all of this

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is something that Ian only realised

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when his extension was almost complete

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and a different buildings inspector visited to sign it off.

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We had a dry summer and I started to notice some hairline cracks appearing.

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I didn't want to make much of them, but they started getting bigger and bigger.

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So when I finally got the building regulations inspector round

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to give us sign off and completion,

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I pointed them out to them

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and he said, with a sharp intake of breath,

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you need to get your insurance company onto that.

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Very worried, Ian did exactly what the inspector suggested.

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The insurance company sent a specialist to dig some test holes next to the extension.

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They identified the problem as clay shrinkage subsidence

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and, in Ian's case, a large damson tree in his neighbour's garden next to the extension

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appears to have exacerbated the problem.

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It was clear that the foundations simply were not deep enough.

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I was astonished. The foundations were just too shallow.

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They only went down one metre. They should have gone down two metres.

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Despite having been officially signed off,

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the foundations were only half as deep as they needed to be.

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Sadly for Ian, the evidence was easy to see.

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This is one of the cracks that appeared in my daughter's bedroom.

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And here's the other one. Quite a big crack, this one,

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which is basically showing the whole of the extension

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is rotating away from the house that way.

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Falling down the hill.

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Worse was to follow. Ian's insurance company concluded that

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the shallow foundations were a design fault

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and refused to pay to put things right.

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But as the foundations depth had been improved by the buildings inspector,

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Ian asked for help from Waverley Borough Council.

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They advised him to employ a structural engineer to build a case

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so that they could put it to their insurance company.

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He produced a report which says that the foundations aren't deep enough.

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The way to rectify that is to underpin that entire length

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which then gives us the foundations that should have been there in the first place.

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I was starting to think, "Hang on, this is going to cost a few thousand pounds."

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So with both the reports saying that the foundations weren't deep enough,

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the building regulations inspector's own report putting down the wrong soil type

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there in black and white, we thought it was an open and shut case.

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Unfortunately for Ian, it wasn't that simple.

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Although he feels it's the council who should pay to repair the foundations,

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because they sent round the building inspector,

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the council is adamant it is not their liability

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and the law is on their side.

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That's thanks to a court case in 1990

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which found that it's down to the homeowner to make sure a project meets building regulations,

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not the buildings inspector.

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So even when, like Ian, you feel you relied on their expert opinion,

0:18:360:18:40

if something goes wrong, it will still be you who has to cover the cost.

0:18:400:18:45

So you need to really do your homework

0:18:450:18:46

and make sure you're across every detail yourself

0:18:460:18:49

before starting any work.

0:18:490:18:50

With both the council and his insurers refusing to help,

0:18:500:18:54

Ian has had to spend £38,000

0:18:540:18:58

on underpinning the house to keep it standing,

0:18:580:19:00

as well as forking out a further £10,000 on professional fees.

0:19:000:19:04

So in total, he's down £48,000, money he feels he should never have had to pay.

0:19:040:19:12

Quite simply, building regulations got it wrong

0:19:120:19:14

and it's cost us nearly £50,000 to fix.

0:19:140:19:17

We contacted Waverley Borough Council about Ian's case.

0:19:180:19:21

They told us they're...

0:19:210:19:22

After a thorough investigation, they find no evidence that they are responsible for the cracking

0:19:240:19:29

or that they failed to adhere to the required guidelines.

0:19:290:19:33

Their insurers found they do not have a legal liability.

0:19:330:19:37

Furthermore, the local government ombudsman in his final decision in March

0:19:370:19:41

agreed that...

0:19:410:19:42

But as a gesture of goodwill,

0:19:470:19:49

they've made a partial refund of the building regulation costs.

0:19:490:19:52

Although Ian's wife Wendy is very angry at how things have turned out,

0:19:520:19:56

it's at least a relief that the repairs are now complete.

0:19:560:19:59

We've stuck together and the family as a unit have come through it.

0:19:590:20:04

The foundations on the house are solid as they are with us now,

0:20:040:20:08

which is a nice ending,

0:20:080:20:10

but it would be nice if Waverley would hold their hands up

0:20:100:20:13

and say that they had a huge part to play in this.

0:20:130:20:15

Ian and Wendy's 16-year project to build their dream home

0:20:160:20:19

has finally come to an end.

0:20:190:20:21

But the financial and the emotional stresses will be with them for ever.

0:20:210:20:25

The Rip-Off Britain pop-up shop is back open for business.

0:20:310:20:35

This year, we headed to Liverpool where, for one weekend only,

0:20:350:20:38

we were joined by a team of experts to give out as much consumer advice as we possibly could.

0:20:380:20:44

They'll help you find out what's gone wrong

0:20:440:20:46

and get in touch with the company that's doing this.

0:20:460:20:49

And we were delighted so many of you got just the help you needed.

0:20:490:20:53

We're really pleased that somebody was able to see us today.

0:20:530:20:56

He gave us some good advice and we've got two options to go away and look at.

0:20:560:20:59

Really pleased with the feedback I've been given.

0:20:590:21:02

I think I have to accept I'm not going to receive any funds back. Life goes on.

0:21:020:21:06

It was extremely useful. We've got the direction we need to go in now.

0:21:060:21:11

Outside on the streets we also ran advice workshops.

0:21:120:21:16

At this one, communications expert David McLelland took to the stage

0:21:160:21:21

to share some top tips on how to use your mobile abroad

0:21:210:21:24

without ending up with shock bills when you get home.

0:21:240:21:27

There are some ways that you can carry on using your phone pretty much as you would do here.

0:21:270:21:32

But you've got to ask for them first of all.

0:21:320:21:34

Two volunteers here.

0:21:360:21:38

We even roped in some passing shoppers to help out.

0:21:380:21:41

After you've booked your holiday, phone up your operator,

0:21:410:21:46

the person you pay your mobile phone bill to.

0:21:460:21:48

Phone them up and tell them where you're going.

0:21:480:21:51

Ask them, "How much is it going to cost me?"

0:21:510:21:53

Because you're using your phone on someone else's network,

0:21:530:21:57

it costs you money to receive a call so find out how much that costs.

0:21:570:22:00

Voicemail. You'll be charged for that,

0:22:000:22:02

so ask your mobile phone operator how much your voicemail will cost and how to get to it.

0:22:020:22:07

Even Gloria's been caught out by unexpected charges for voicemail abroad.

0:22:070:22:12

Guess how much they were per shot? Go on.

0:22:120:22:15

Nearly five quid a shot. Goodness me.

0:22:150:22:16

I thought I was picking up my messages for free,

0:22:160:22:19

I was actually paying all those. In the end, I fought it and got it off.

0:22:190:22:23

Because I didn't know that's what it would cost me.

0:22:230:22:26

If you're going to be connecting to a wireless network when abroad

0:22:270:22:30

and doing a lot of downloading and stuff,

0:22:300:22:32

turn off your data roaming.

0:22:320:22:34

Because then there's no way if your wireless network drops off

0:22:340:22:38

that you will get charged for that data.

0:22:380:22:40

And David had a great bit of advice regarding information that your provider now has to give you

0:22:400:22:45

so you can keep track of what you're spending while you're away.

0:22:450:22:48

Make sure you're opted in to the text messages that your mobile operator has to send you by law

0:22:480:22:55

to tell you when you're approaching spending caps.

0:22:550:22:57

This is something that's relatively new over the last year or so.

0:22:570:23:00

But if you're getting close to say 50 euros or 40-something pounds.

0:23:000:23:04

they have to send you a text message to tell you you're approaching your spending cap.

0:23:040:23:09

And then another one to tell you that you've reached that.

0:23:090:23:11

Three top tips there. That should mean that you come back from holiday

0:23:110:23:14

and you won't be worried about a big bill dropping through your letterbox.

0:23:140:23:18

Still to come on Rip-Off Britain.

0:23:220:23:24

The laws may have changed,

0:23:240:23:25

but are some private parking companies still trying to have everything their own way?

0:23:250:23:30

I cannot understand why they could not use a bit of discretion in this case

0:23:300:23:37

and perhaps not issue the ticket in the first instance.

0:23:370:23:41

Of all the things you might worry about if you were buying a second-hand car,

0:23:420:23:45

you probably wouldn't expect what happened to Mark Thompson.

0:23:450:23:48

Mark did absolutely everything right with the purchase,

0:23:480:23:52

making all the checks he should have done.

0:23:520:23:54

But somewhere along the line, someone else made a mistake

0:23:540:23:57

that's ended up costing him hundreds of pounds

0:23:570:24:00

and resulted in some very unwelcome attention from the police.

0:24:000:24:03

Mark Thompson has always had a soft spot for cars.

0:24:050:24:09

And there's one in particular that's always set his pulse racing.

0:24:090:24:12

I saw a Ford Escort RS Turbo on the internet.

0:24:130:24:16

That's a car like I've always wanted.

0:24:170:24:19

In November 2012, it seemed his dream car was within reach

0:24:190:24:23

when he saw the exact model he wanted for sale online.

0:24:230:24:27

So straightaway, Mark got in touch with the seller.

0:24:270:24:30

I phoned the guy up. He seemed spot on on the phone.

0:24:300:24:33

So I was very interested in the car by this time.

0:24:330:24:36

The following day, I drove down, had a look at the car,

0:24:360:24:40

met the bloke, had a look at the paperwork.

0:24:400:24:43

Everything was how it should be.

0:24:430:24:46

Just to be sure everything was as it seemed,

0:24:460:24:49

Mark decided to do his own research into the history of the car

0:24:490:24:52

so that he could be confident that everything stacked up.

0:24:520:24:55

He did a vehicle history check on the vehicle

0:24:550:24:57

by texting the details to one of several companies that specialise in doing this kind of search,

0:24:570:25:02

flagging up if a car has previously been stolen or written off

0:25:020:25:06

or if it has any outstanding finance on it.

0:25:060:25:09

When I texted, it came back as OK.

0:25:090:25:12

It had had a few owners, but it wasn't stolen. It seemed genuine enough.

0:25:120:25:17

Mark was further reassured when he was able to insure the vehicle before purchase.

0:25:180:25:22

The insurance I got was fine. It was within reason.

0:25:220:25:26

I didn't see anything of a stolen vehicle or anything like that.

0:25:260:25:32

Happy the car wasn't hiding a past that would come back to haunt him,

0:25:320:25:35

Mark handed over £1,950 in cash to the seller.

0:25:350:25:40

I bought the car in good faith. The guy took us to his house.

0:25:400:25:43

So it wasn't meeting on the A1 or owt like that.

0:25:430:25:47

Finally Mark was on the road in the car he'd always wanted.

0:25:470:25:50

I loved driving it. I've never had a car like that,

0:25:500:25:53

so yeah, loved it. Really did.

0:25:530:25:56

Just what I wanted.

0:25:560:25:58

But just days later,

0:25:580:26:00

Mark had a very unpleasant surprise.

0:26:000:26:02

I got pulled over by the police.

0:26:020:26:05

They told me that the car was stolen.

0:26:050:26:09

I was like, "It's not stolen. I've got the log book, insurance documents, MOT."

0:26:090:26:16

I even had the car text check on my phone

0:26:160:26:20

which I showed them, dated.

0:26:200:26:22

Reassured by everything he was able to tell and show them,

0:26:220:26:25

the police sent Mark on his way.

0:26:250:26:27

The police pretty much said, "If you don't hear anything in a couple of days, don't worry about it.

0:26:270:26:33

"It's obviously a mistake."

0:26:330:26:35

But a few days later, Mark was pulled over again.

0:26:350:26:39

I showed them all my documents, my car text check,

0:26:390:26:42

insurance, everything else, and he pretty much said the same thing.

0:26:420:26:46

There must be some kind of mistake.

0:26:460:26:48

But by this time, I'm starting to feel a bit concerned

0:26:480:26:52

as to why this car keeps flagging up.

0:26:520:26:55

And when he was stopped by the police for a third time,

0:26:550:26:58

he really began to worry.

0:26:580:27:00

Checked all my details, took bits of paper and things

0:27:000:27:04

but he was still baffled as to why this was flagging as a stolen vehicle.

0:27:040:27:10

Then things came to a head just as Mark was settling down to enjoy a quiet family Christmas.

0:27:100:27:16

I pulled into the street, and as I parked up

0:27:160:27:19

there was a van pulled in front of us

0:27:190:27:22

and he asked us to go in the back of the van and have a conversation

0:27:220:27:25

as to what was going to happen with my car.

0:27:250:27:28

And then he told us that I was going to lose the car

0:27:280:27:33

cos it needed to be taken to a vehicle test centre

0:27:330:27:37

for them to make sure that the car wasn't a ringer

0:27:370:27:40

and it was the actual car that's stolen.

0:27:400:27:44

I was shocked. Devastated. I really was.

0:27:440:27:47

On Christmas Eve of all days, they took the car off us.

0:27:470:27:51

With no car, and the worry that he'd never see it again,

0:27:510:27:54

Mark had a distinctly unhappy Christmas.

0:27:540:27:56

It just made things really hard over Christmas, it really did.

0:27:560:28:00

The next day I had my parents and things to go to.

0:28:000:28:05

I had to take my child places.

0:28:050:28:08

All of that I couldn't do. Well, I did do, but with great expense.

0:28:080:28:13

Taxi fares, and asking people for lifts and things.

0:28:130:28:17

Just all unnecessary.

0:28:170:28:19

And when the police finally confirmed that the car was definitely stolen,

0:28:190:28:23

Mark was thoroughly confused.

0:28:230:28:25

After all, he'd gone out of his way to check that the car hadn't got a murky past

0:28:250:28:29

before he'd handed over any cash.

0:28:290:28:31

How can you do so much to safeguard yourself in buying a car

0:28:310:28:36

and yet it still turns out to be stolen.

0:28:360:28:39

I just don't understand how this could have happened.

0:28:390:28:42

Determined to get to the bottom of what had happened,

0:28:420:28:45

Mark contacted the company he'd used to check out the history of the car.

0:28:450:28:49

I contacted the HPI company and straightaway they were on the ball

0:28:490:28:54

wanting to know how this has happened.

0:28:540:28:56

They were totally baffled and straightaway wanted to know

0:28:560:28:59

information about me, information about the car,

0:28:590:29:02

information about the person I bought the car off, what I could give them.

0:29:020:29:05

The company gets its information from the databases of the DVLA,

0:29:050:29:10

the government agency that registers details of all drivers and vehicles

0:29:100:29:14

so they, too, were confused.

0:29:140:29:16

And Mark's faith in the fact that he was able to insure the vehicle was misplaced.

0:29:160:29:21

Insurers don't check the history of the car you're looking to insure.

0:29:210:29:25

It's your responsibility.

0:29:250:29:27

But Mark had done all he could to ensure his car was legit,

0:29:280:29:32

so why had none of his checks flagged up that it wasn't?

0:29:320:29:35

All other checks had relied on the DVLA's information,

0:29:350:29:39

which should be the most accurate.

0:29:390:29:40

But no problem had shown up.

0:29:400:29:42

Mark has tried contacting the DVLA to see if they can shed light on the situation,

0:29:420:29:47

but it hasn't got him closer to an explanation.

0:29:470:29:49

Been passed from pillar to post.

0:29:490:29:52

When you're phoning the DVLA, it's not cheap from mobile phones.

0:29:520:29:56

That's annoying us more. I've lost money on my car,

0:29:560:29:59

now I'm losing more money trying to find out what's happening about this car.

0:29:590:30:03

And I just don't know what to do.

0:30:030:30:06

Whoever's to blame, it isn't Mark.

0:30:060:30:08

But he's the one who's lost out by a huge amount.

0:30:080:30:12

Nobody wants to say, "This was my fault. We accept liability for it."

0:30:120:30:18

Because in my eyes, I've lost £3,500

0:30:180:30:22

when you consider the car, the price of having it fixed in the garage,

0:30:220:30:26

insurance, tax, a new CD player I put in.

0:30:260:30:31

Everything like that that I lost. I lost everything I'd put into the car.

0:30:310:30:35

We asked all the parties concerned how this could have happened.

0:30:350:30:40

All of them insisted their databases were accurate and up-to-date.

0:30:400:30:44

And the company that did the vehicle history check stressed...

0:30:440:30:47

It was categorically not recorded on the motor insurance anti-fraud and theft register.

0:30:520:30:57

The police say as soon as a vehicle is recorded as stolen on their systems

0:30:570:31:02

that information goes straight to the DVLA.

0:31:020:31:05

But part of the confusion seems to be that at the time the vehicle was originally stolen,

0:31:050:31:10

its then owner had been working away, resulting in a delay in the crime being reported.

0:31:100:31:15

During that period, the car had already been sold on

0:31:150:31:18

and the DVLA, at that point having no reason to believe the car was stolen,

0:31:180:31:23

had issued a new registration certificate to the person who bought it.

0:31:230:31:26

That would explain why, when the car was eventually sold on again, to Mark,

0:31:260:31:32

it had all the correct documentation and could be taxed and insured.

0:31:320:31:36

But, as the DVLA say...

0:31:360:31:38

In the end, whatever muddles there may have been along the way,

0:31:470:31:51

none of this is of any comfort to Mark.

0:31:510:31:54

As he's now had to borrow money to buy another car,

0:31:540:31:57

the cost of all this continue to add up.

0:31:570:32:00

It's just made us feel sick. It really has. Really angry.

0:32:000:32:04

I just... All I want is an answer

0:32:040:32:06

as to how this has happened

0:32:060:32:09

and to prevent it from happening again.

0:32:090:32:11

We've put together a free booklet of tips and advice

0:32:170:32:21

to help safeguard your money.

0:32:210:32:22

You can download it from our website:

0:32:220:32:24

For a hard copy,

0:32:280:32:29

send a stamped, self-addressed A5 envelope

0:32:290:32:31

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

0:32:310:32:34

You'll also find on the website

0:32:340:32:36

lots more information on the topics we tackle on the programme

0:32:360:32:39

with plenty of tips on how to save money and avoid being caught out.

0:32:390:32:43

For years, you've been telling us about problems with parking companies.

0:32:460:32:51

They always seem a bit too keen to slap a ticket on your windscreen

0:32:510:32:55

without you actually knowing that you've necessarily done anything wrong.

0:32:550:32:58

So it seemed like good news when last year, new rules came in to clarify the law

0:32:580:33:04

when it comes to parking on private land

0:33:040:33:07

and to simplify the process if you want to appeal charges

0:33:070:33:10

that you think may be unfair.

0:33:100:33:12

So, what difference has all of that made so far?

0:33:120:33:15

Well, it's thrown up some pretty dramatic numbers

0:33:150:33:18

in terms of how many motorists have been able to make a successful appeal

0:33:180:33:23

and get their penalty overturned.

0:33:230:33:25

More than half, in fact.

0:33:250:33:26

But it hasn't yet put an end to situations like that of our next case.

0:33:260:33:31

For John and Betty Ambrose,

0:33:330:33:35

this little Citroen is their lifeline.

0:33:350:33:37

Since becoming disabled in 2006,

0:33:390:33:42

I find walking any great distance

0:33:420:33:45

or having to stand, for instance, at a bus stop waiting for a bus

0:33:450:33:50

is very, very painful.

0:33:500:33:52

The car allows us to live our lives.

0:33:520:33:56

John's disability means that he can display a blue disabled badge in the car

0:33:560:34:01

allowing him to park in disabled parking bays.

0:34:010:34:04

I hope we can find a decent parking space.

0:34:040:34:07

It was a trip to the cinema with the grandchildren last October

0:34:070:34:12

that started the chain of events that caused them to write to us.

0:34:120:34:15

John parked the car in the disabled bay at the cinema's free car park.

0:34:150:34:19

He thought he'd put the blue badge out as usual before heading inside.

0:34:190:34:24

But whilst they were enjoying the film,

0:34:240:34:26

he was given a parking ticket

0:34:260:34:28

for parking in a disabled bay without showing his blue badge.

0:34:280:34:31

It was dark when we came out

0:34:310:34:35

so we didn't immediately notice the parking ticket.

0:34:350:34:38

If we had done so,

0:34:380:34:40

then obviously we could have seen whether or not the badge was up.

0:34:400:34:45

Although it is free to park in this car park, it is still monitored

0:34:450:34:49

and at the time John and Betty got their ticket,

0:34:490:34:51

it was managed by a private parking company.

0:34:510:34:53

John feels that if he hadn't put the blue badge out,

0:34:530:34:56

his car tax disc makes it clear that it's owned by someone who is registered disabled.

0:34:560:35:02

I cannot understand why they could not use a little bit of discretion in this case

0:35:020:35:08

and perhaps not issue the ticket in the first instance.

0:35:080:35:12

Now, you may be thinking this simply boils down to a disagreement

0:35:120:35:15

between the couple and the parking company.

0:35:150:35:17

But it's more interesting than that.

0:35:170:35:19

Because since the laws covering parking on private land changed in 2012,

0:35:190:35:24

there's a process that parking companies are supposed to follow

0:35:240:35:28

if you want to appeal a ticket.

0:35:280:35:30

But you've been telling us that the procedure is not always followed.

0:35:300:35:34

John and Betty did want to appeal,

0:35:340:35:36

but their ticket said if they didn't pay up within 14 days,

0:35:360:35:39

the charge would increase from £60 to £100.

0:35:390:35:42

So, to avoid paying that high amount

0:35:420:35:45

when they sent off their letter of appeal, they also enclosed a cheque for £60

0:35:450:35:49

to cover the cost if the appeal failed.

0:35:490:35:51

The cheque was not an admission of guilt,

0:35:510:35:55

it was just that I was very concerned

0:35:550:35:57

that if I didn't pay on time,

0:35:570:35:59

I would start racking up extra costs.

0:35:590:36:02

I stated to them that the fact that I was enclosing the money

0:36:020:36:06

was purely to avoid further costs

0:36:060:36:09

and not an admission of guilt.

0:36:090:36:11

But a week later, the company wrote to say they had rejected his appeal.

0:36:110:36:15

They said that it was his responsibility to check that the blue badge was on display.

0:36:150:36:20

While they sympathised with his situation,

0:36:200:36:22

the parking charge was correctly issued.

0:36:220:36:25

With the cheque already cashed, in their view, the matter was now closed.

0:36:250:36:28

In the letter, they stated that I had a further seven days to produce evidence.

0:36:290:36:34

The letter also said that I had the right to appeal to POPLA.

0:36:340:36:40

POPLA, or Parking On Private Land Appeals

0:36:410:36:44

is a new independent body

0:36:440:36:46

set up as a result of last year's new parking laws

0:36:460:36:48

giving drivers another place to turn to if there's a dispute over a ticket and the company won't budge.

0:36:480:36:53

But there are two things that need to happen

0:36:530:36:56

before POPLA can look into your case.

0:36:560:36:58

First, the company concerned has to be a member of the industry body

0:36:580:37:01

the British Parking Association.

0:37:010:37:03

Around 700 private parking firms are

0:37:030:37:06

including the one that gave John his ticket.

0:37:060:37:08

Plus, if the parking firm reject your first appeal,

0:37:080:37:12

they have to issue you with what's called a verification code

0:37:120:37:16

and in this case, that was not included in the letter.

0:37:160:37:19

The penultimate sentence is,

0:37:210:37:24

"Your independent appeal number

0:37:240:37:26

"(for tickets issued after 1st October 2012) is..."

0:37:260:37:33

There's then a blank space.

0:37:330:37:35

And they hadn't given me the number

0:37:350:37:37

which made me very frustrated

0:37:370:37:39

because they said I had the right to appeal

0:37:390:37:42

but they hadn't given me the tools with which to exercise that right.

0:37:420:37:46

So John wrote back to the parking company

0:37:460:37:49

who sent back what appeared to be a standard response,

0:37:490:37:51

suggesting that he could appeal to POPLA

0:37:510:37:54

but again omitting that vital code that he'd need to do exactly that.

0:37:540:37:57

I then emailed back the same day

0:37:570:38:01

expressing my frustration and, by this time, anger,

0:38:010:38:05

and I asked again for the verification code.

0:38:050:38:11

Again the company responded with what John considered to be an automated response.

0:38:110:38:15

So he decided to contact POPLA himself.

0:38:150:38:18

I felt I'd take the bull by the horns

0:38:180:38:22

and appealed directly.

0:38:220:38:26

But POPLA's response wasn't as helpful as John hoped.

0:38:260:38:29

They told him that without the code they simply could not hear his appeal.

0:38:290:38:33

I emailed back to them

0:38:330:38:35

and said that, "If you had read my letter,

0:38:350:38:38

"you will see that I have tried without success to get the code

0:38:380:38:43

"and part of my complaint to yourselves

0:38:430:38:47

"is the fact that they won't issue me this code

0:38:470:38:51

"and what I'm asking you to do is get them to issue me with a code

0:38:510:38:55

"or to take up my appeal without a code."

0:38:550:38:59

And when John contacted the parking company once again

0:38:590:39:02

he got yet another standard reply,

0:39:020:39:05

saying he had seven days to send any extra evidence that he had for his appeal

0:39:050:39:08

or he could go to POPLA,

0:39:080:39:10

which is all he wanted to do in the first place

0:39:100:39:12

if only they'd given him the code!

0:39:120:39:14

I now felt that I was caught in the middle of a total farce.

0:39:140:39:18

What's the problem in issuing it to me?

0:39:180:39:21

If it's at the end of the day I'm proved to be guilty of the offence

0:39:210:39:26

then, OK, I'll put my hands up to it.

0:39:260:39:28

But I feel I have a genuine reason to appeal.

0:39:280:39:32

Well, we contacted the parking company on John's behalf.

0:39:320:39:35

They sent a photo that proved that he had not, in fact, on this occasion,

0:39:350:39:39

displayed his blue badge.

0:39:390:39:41

Which was...

0:39:410:39:43

And they say the information on the tax disc

0:39:430:39:45

does not prove that the car was being driven by a disabled person.

0:39:450:39:49

But although they feel that they had made clear that the case was closed and his appeal rejected...

0:39:490:39:54

..they have arranged to refund the payment.

0:40:000:40:02

So John's story has a happy ending.

0:40:020:40:04

But other drivers have told us that they, too,

0:40:040:40:06

have had problems in receiving that all-important verification code

0:40:060:40:10

so that they can appeal to POPLA.

0:40:100:40:12

The British Parking Association

0:40:120:40:13

puts that down to the fact that the industry has just been through...

0:40:130:40:16

They say their members should be complimented

0:40:190:40:22

on how quickly they've adapted.

0:40:220:40:23

But if you are given the code to appeal,

0:40:230:40:26

it really can make a difference.

0:40:260:40:28

Appeals are free, and in POPLA's first four months,

0:40:280:40:31

of almost 2,000 cases they've heard that were eligible for further appeal

0:40:310:40:35

more than half were resolved in favour of the driver.

0:40:350:40:38

It's worth getting the process in perspective.

0:40:400:40:43

Because less than one per cent of parking tickets issued

0:40:430:40:48

by operators are appealed against.

0:40:480:40:51

So we're talking about a very small proportion of overall tickets.

0:40:510:40:55

But if you do want to dispute your parking ticket,

0:40:550:40:58

there are a few things to bear in mind.

0:40:580:41:00

Both the motorist and the operator need to provide evidence to POPLA

0:41:000:41:04

to show what their case is.

0:41:040:41:07

Always a good idea to take photographs

0:41:070:41:09

or have a witness back your story up.

0:41:090:41:13

The adjudicator is really just looking to see

0:41:130:41:16

what the balance of probability is

0:41:160:41:18

between the operator on the one hand and the motorist on the other.

0:41:180:41:22

Of course, the best advice is to make sure that you double-check

0:41:220:41:26

all the parking signs and regulations in the first place.

0:41:260:41:28

And in John and Betty's case,

0:41:280:41:30

they'll be making sure they always display the parking badge.

0:41:300:41:34

'We're extremely careful when we go down there now.

0:41:340:41:37

'We double-check we've put the badge up every time.'

0:41:370:41:41

Here at Rip-Off Britain, we're always ready to investigate more of your stories.

0:41:470:41:51

You could write to us:

0:41:510:41:53

Or send us an email:

0:42:030:42:04

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

0:42:090:42:14

As we've heard, when you end up losing money,

0:42:160:42:19

it can be the apparent injustice which sticks in the throat

0:42:190:42:22

as much as the amount itself.

0:42:220:42:24

It doesn't help when it seems that the odds are really stacked against you

0:42:240:42:28

trying to get things resolved.

0:42:280:42:30

And while in some cases that's because the situation may not be as clear-cut as you'd hoped,

0:42:300:42:34

but in others, it does feel as if more could be done to help,

0:42:340:42:39

especially if you've lost out through no fault of your own.

0:42:390:42:41

And that is so true.

0:42:410:42:43

Please do keep telling us when you think you've had a raw deal

0:42:430:42:47

and we'll see if there's anything we can do to fight your corner.

0:42:470:42:50

I'm afraid that's it for today.

0:42:500:42:51

But we'll be seeing you again very soon with even more of your stories.

0:42:510:42:55

Until then, from all of us, bye-bye. Bye. Bye.

0:42:550:42:57

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