Episode 8 Rip Off Britain


Episode 8

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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, e-mail, 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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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 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, the series that

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tries to unravel situations where you feel you've had a raw deal,

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or indeed been stuck with a problem that's not been easy to sort out

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and you've come to us.

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But I think we all agree

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that there are usually two sides to every story.

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And sometimes, perhaps when you feel you've been treated unfairly,

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the truth is that it may not be that clear cut,

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and the explanation could be that there's been a genuine

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misunderstanding along the way.

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Or indeed that both sides have an equally valid

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perspective about what's actually going on.

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That might not make it any easier to swallow but knowing that

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no-one's deliberately taken you for a ride may soften the blow.

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So, today, we'll be looking at cases where, as we try to get to the

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bottom of stories you've asked us to investigate,

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the result may not be as simple as it first appears.

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Coming up on today's programme, the dispute that's left this

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woman stuck with a gaping hole in her floor.

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I thought, "You're having a laugh."

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I can't believe a company can just sort of say,

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"Actually, it's nothing to do with us."

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How to beat the menace lurking on Britain's roads.

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I feel absolutely livid.

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I don't see why I should even have to suffer one penny's worth of inconvenience.

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And we tackle more of your problems at the Rip-Off Britain pop up shop.

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Here's a problem that most us have come across at some point.

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It's a bugbear that won't go away and indeed,

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thanks to a run of bad winters, is only getting worse.

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It's unsightly, it's spreading on an epidemic scale

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and it's an issue that can have a very costly impact on your car.

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There's a danger lurking on our roads, one that can creep up

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on the unsuspecting motorists and when it strikes,

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the damage can run into hundreds of pounds.

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Potholes - our roads are full of them,

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and last year across England and Wales

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an estimated 2.2 million of them were filled in.

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But, every year, they're believed to be responsible for, wait for it,

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£2.8bn worth of damage to cars in Britain.

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And, according to the AA, the number of pothole-related insurance claims

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more than doubled in January compared to the same month last year.

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Mechanic Ken McBrian from Folkestone knows all about the damage potholes can cause,

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but even he was surprised by what happened to his son's car last year.

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He was driving down the road, he wasn't speeding,

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he hit a pothole and wrecked his wheel.

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Mark Scott from Crewe also suffered extensive damage to his car

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after driving over a pothole earlier this year.

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I hear an almighty bang, got out immediately,

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had a look at the wheel,

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a massive bulge the size of an egg on the outside of the tyre.

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So, I knew immediately it had done some serious damage.

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The pothole that Ken's son's car hit was eight inches wide,

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five inches deep and 40 inches long -

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enough to inflict some significant damage.

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It had damaged the inner rim,

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taken the tyre away from the rim,

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rapidly deflated and damaged the tyre.

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The damage that was caused come to a figure of approximately £200.

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Meanwhile, to fix the results of his run-in with a pothole,

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Mark has had to fork out an awful lot more.

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The damage to the car was it completely destroyed

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the allow wheel - it had bent it and distorted it -

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and the lower suspension arm was damaged beyond repair as well.

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The total bill was just short of £927, including VAT.

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The AA report that a third of drivers have suffered some sort of

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pothole damage to their cars in the last two years.

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You see the damage it's done.

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This customer paid us £150 for this wheel, approximately.

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At this garage in Manchester,

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mechanic James McGraw regularly fixes the problems they caused.

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And while that's a good trade for him,

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he sympathises with the motorist.

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Potholes are good for business but I feel sorry for people.

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Why should the customer have to pay out for that? It's not fair.

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No-one can budget for that sort of thing.

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The road should be in a good condition in the first place.

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It's not right. Not right at all.

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In the UK, the government earns an estimated £42.8bn from motorists

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for vehicle excise and fuel duties,

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and around £7.7bn is spent on roads and maintenance.

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Most of the repair work on roads - in fact,

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95% of it - is done by local authorities,

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which is why Ken and Mark are adamant it should be the council that

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foots the bill for their repairs.

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My son shouldn't have to pay for this damage,

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nor any other motorist pay for the damage that is sustained

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to their vehicle.

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The local authorities should pay for the damage as it

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was their responsibility to maintain roads, which they failed to do,

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which has caused this damage.

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Absolutely livid. I think it's a rip-off.

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I'm paying more road tax every year, year-on-year,

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and I don't know what on Earth for.

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The roads are in the worse condition than they've ever been

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and no-one can explain to you where the money's going.

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Local authorities can end up paying for repairs

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when it can be proved that the road hasn't been sufficiently maintained,

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or that a pothole, once reported,

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wasn't fixed as quickly as it should have been.

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In fact, between them, in 2012

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they paid out £32 million in compensation

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to drivers whose cars were damaged.

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But for cash-strapped councils,

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it can seem that as soon as one hole if filled,

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another one appears.

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And it's said that at the current rate of repair,

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it would take 34 years to fill them all.

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But drivers like Ken

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and Mark feel they already pay enough for being on the roads,

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without having to stump up for the costs of fixing pothole damage.

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I feel absolutely livid.

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This is money that I've had to spend on a car that was in perfect

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working order before it hit the damaged road,

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so I don't see why I should even have to suffer one penny's

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worth of inconvenience.

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But there was good news for Mark when we contacted Cheshire East Council.

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They agreed that, in this case, they did indeed have legal liability

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and they've offered him £800 to cover the cost of damage to his car.

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They've reiterated that for a claim to succeed,

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it needs to be proved that the road has not been maintained appropriately

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and that this was the direct cause of the accident of damage.

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And they've told us they're investing £25m in their road network.

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Meanwhile, we also spoke to Kent County Council,

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which maintains the roads where Ken lives.

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They told us their approach,

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recognised nationally as best practice,

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has resulted in a reduction of potholes over the past four years,

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despite the harsh winter weather.

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They've invested heavily in dedicated find-and-fix repair teams

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who've brought down the average time taken to repair a pothole

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from a month and-a-half to 14 days,

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which has led to a fall in compensation claims,

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saving taxpayers' money.

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But they say by the time Ken reported the pothole that damaged his son's car,

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it had already been fixed and they've no record of having received

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the compensation form they sent him.

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But if you find yourself in a similar situation,

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facing high repair costs,

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marketing executive turned pothole campaigner Rory Buckley has

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set-up a website with advice on how to go about making a claim.

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If you hit a pothole in your car,

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the first thing to do is photograph it.

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You have to have a record that you were there.

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Get witnesses, anyone on the side of the road,

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any other motorists, get their statement, get their details

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because you may call upon them in the future.

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The second thing is to report the pothole to the council.

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You are the eyes and the ears of the council.

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They have a limited resource and you have to help them

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in that you are the one seeing it every day.

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Some councils say they weren't aware of a pothole

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and therefore they're not liable for it - that's not true.

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They have a responsibility to go out and inspect the pothole,

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regardless of the circumstance.

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They have to inspect it within a certain amount of days and,

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if they're not going out and inspecting these potholes as they should be,

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that's when really you have a case for a claim.

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If you've hit problems with a pothole,

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there's more information about what do on our website.

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As I think most of us know, there are usually two sides to

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every story and that's particularly highlighted by our next one,

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which shows the difficulty that's faced by many local councils

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as they wrestle with the tough choices that

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are presented by limited budgets and reduced funding.

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Of course, it's not always easy being on the receiving end

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of the changes that they may make as a result.

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And it's one particular change

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that has led a group of residents writing to us.

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More that 250,000 of the UK's older citizens live in sheltered

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accommodation, where residents can maintain their independence,

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safe in the knowledge that support from a warden is usually close at hand.

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But in recent years, more than 20 local authorities have either

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decided or proposed to remove resident wardens.

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With the result that a number of residents,

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like some of the residents living in this sheltered housing unit in Barnet, North London,

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would say that they're no longer getting as much

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support as they think they should.

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When 76-year-old Elizabeth James first moved here, there was

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a live-in warden on-site working 9-5,

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but last year that was reduced to three to four hours every week day.

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And that prompted Elizabeth

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and 12 of her fellow residents to write to Rip-Off Britain.

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These places were let to us on the basis that there was a warden

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and that makes a lot of people secure.

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If you've got a problem, you can pop down to our office,

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he would come and talk to you, and that was part of the job.

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They would pop in and have a chat.

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There's a lot of people that never see anyone.

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We never know what time they're coming Monday, Tuesday, Wednesday

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and even Thursday...

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Sometimes it's in the afternoon. Sometimes it's in the morning.

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-Sometimes it's not at all.

-So, what happens at weekends?

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There's no cover from Friday afternoon until Monday morning,

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so you have to pull the chord if there's an emergency.

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And while warden duties have never been about providing meals or

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helping with personal care,

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they can be enormously supportive in lots of other areas.

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Duties include making daily contact with the residents just to

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make sure that they're actually OK,

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organising social events,

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taking care of minor repair jobs,

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and generally providing low level support as and when it's needed.

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If someone's here on a regular basis,

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they know all the tenants, the know what they're problems are.

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They know exactly what to do.

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A warden would help to build a sense of community in a building.

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A warden would also be responsible for doing certain practical

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things around the building.

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Like changing light bulbs and stuff, you know.

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But we've now been told that we have to be responsible

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for our own small repairs.

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And things like cleaning the shower head,

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well, quite frankly, I couldn't do it.

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-Maria, hi.

-Nice to meet you.

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Elizabeth and her fellow residents feel they're

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paying for a service that they're no longer getting.

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Quite frankly, I think we should have somebody 24 hours,

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whether it's a warden, a caretaker or something.

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Like many other local authorities facing tough spending decisions,

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after a consultation process, Barnet Homes have replaced

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residential wardens with what's known as floating support,

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which means each housing officer will be

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shared across a number of sites,

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visiting for approximately three to four hours, Monday to Friday.

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But fewer hours means that some residents feel more vulnerable.

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The present wardens are great - I love what they do -

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but I think they're like pinballs.

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They're here, there and everywhere.

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And they're not necessarily here when we need them.

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I had a social worker and she suggested I came here,

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because it was a sheltered accommodation

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and there was somebody on call all the time, but there isn't.

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They think we're silly, old methane-makers and...

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..they don't always consider what their action

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is going to have on us mentally.

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They don't treat us as grown up people. We're like children.

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Absolutely.

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Residents used to pay nearly £31 a week for a warden

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to be on-site every weekday.

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They now pay less, £19.50,

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for a warden who is contracted to come for just a few hours every day,

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but Elizabeth is adamant that even that is too much

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for a warden that she feels they barely see.

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-Now you pay just over £19 a week for the service.

-Yes.

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Do you think you're getting good value for money?

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I think we're getting nothing for it, really.

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If we're all paying over £19 a week and you multiply that by 24,

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that's £400 and something a week.

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I'm quite sure that somebody would be more than happy to come

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and work here full-time for that money.

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The impact of the reduction of warden services

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across the country is something that also concerns Age UK.

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Joe Oldman is a housing policy advisor for the charity.

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Joe, where does Age UK stand on the issue of

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full-time wardens in sheltered accommodation?

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Providing that level of support is really important to people

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in terms of promoting their independence

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and helping them to stay active,

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and ensuring people have access to repairs and maintenance.

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So, when that service is taken away and it becomes a part-time service,

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what do you see as the detrimental effect on the people

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who are living in sheltered accommodation?

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Well, there may be short-term savings.

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It can actually cost more in the longer term.

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Quite often, the support that people gets means that there's less

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chance of them going into hospital

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or having to move into residential care,

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so it provides a really important preventative role for many people.

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We did answer Barnet Council to answer some of the issues

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that have been raised by the residents.

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They said, that with an increasing number of older people choosing

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to stay in their homes rather than living in sheltered accommodation,

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the council has adjusted the way it supports its residents.

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And the shift in funding allows for care support to be targeted

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on the basis of an individual's needs,

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irrespective of where they are living.

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They've told us that the previous system used a disproportionate

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amount of the council's budget,

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and reiterated that now, when a warden is not on-site,

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residents can call a 24-hour emergency line.

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And they have an alarm service provided free of charge.

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They're confident that the reduced charge for the new service

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not only represents very good value for money,

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but it comparable to other authorities in the UK.

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Tackling the changing nature of support for older people is

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likely to become an even bigger issue for cash-strapped councils.

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But Elizabeth remains convinced that the changes mean that she is

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not getting the service that she expected.

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I think it's disgraceful. I think we're not getting value for money,

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and I feel really let down and ripped off.

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Still to come on Rip-Off Britain,

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the small print with big consequences if you lose your phone.

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To my disbelief, Orange told me that my bill was now over £400.

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One city,

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one space,

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one top team of experts.

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Our pop up shop gives us the opportunity to hear first-hand

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of the situations where you think you're being ripped off

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and, here in Liverpool, you're really telling us.

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Real Adjicor came in to tell her story

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to financial expert Mike Naylor.

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She wanted to know if she had any wriggle room

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on a car finance agreement.

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I bought a car and I don't think that the payments are appropriate.

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I think I'm being ripped off.

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What you can do about it really depends on how it was sold.

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Did they explain what the purchase price was going to be?

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-How much the interest was?

-No, it wasn't broken down like that at all.

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The basic thing that me and the dealership discussed was,

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"Can you afford to pay this payment comfortably over a certain

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"amount of time?" Yes, I can.

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Because Real had previously bought other cars from the company,

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she'd signed up for the new one with little discussion over the deal.

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The fact that you've had one previously doesn't really

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affect how they should have sold this one,

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so they should really have explained that this is the purchase price,

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this is how much the interest is,

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this is what the repayment's going to be,

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this is how much it's going to cost you overall.

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But Real thinks this information

0:17:420:17:44

wasn't pointed out to her at the time.

0:17:440:17:46

If they didn't explain things to you that they should have done,

0:17:460:17:49

then you might have a case there.

0:17:490:17:51

So, what I'd suggest really is,

0:17:510:17:52

if you go to someone like Citizen's Advice,

0:17:520:17:54

they will be able to look at the agreement,

0:17:540:17:56

work out if you've got a case that they could look at

0:17:560:17:59

and they will then be able to help you put together a letter,

0:17:590:18:02

and put a formal complaint in to the company

0:18:020:18:05

-and see what happens. OK?

-Thank you.

0:18:050:18:08

Real wasn't the only person feeling ripped off.

0:18:090:18:12

Outside, we had a designated complains corner where you

0:18:120:18:15

could air all your consumer gripes.

0:18:150:18:18

Angry, extremely angry, and frustrated.

0:18:180:18:21

I would like to get what I paid for.

0:18:210:18:23

People selling openly and transparently,

0:18:230:18:25

and not trying to hide the facts and the details.

0:18:250:18:27

We're not in the age of technology. We like to go face-to-face.

0:18:270:18:32

They just keep putting up the prices and it's not really fair.

0:18:320:18:35

Food, clothes, it's just all a joke.

0:18:350:18:37

Meanwhile, Steve booked in with financial expert

0:18:380:18:41

James Daly for a steer on what to do with his pension.

0:18:410:18:45

I've been paying my pension for the last 17 years,

0:18:450:18:47

it's a private pension. I've never upped the amount I've been paying.

0:18:470:18:51

The question was, is it an idea to keep it as it is

0:18:510:18:55

or to change it and to pay it into a mortgage?

0:18:550:18:58

Or is there anything better out there for me?

0:18:580:19:00

You did the right thing by starting saving into a pension,

0:19:000:19:04

and the great thing about pensions is the tax relief.

0:19:040:19:08

So, if you pay in 80p,

0:19:080:19:10

a pound goes in because it comes out of your gross salary,

0:19:100:19:13

so you don't pay any tax on it.

0:19:130:19:14

But now Steve has got a new job

0:19:140:19:16

and he could join the company pension scheme.

0:19:160:19:19

Now that you're with an employer that offers an employer scheme,

0:19:190:19:22

you should start putting that money into their scheme

0:19:220:19:24

because then you're going to get your contribution from them.

0:19:240:19:28

Cos, at the moment, you are effectively giving up free money.

0:19:280:19:31

And you have to find out how much they put in on your behalf.

0:19:310:19:36

You could be turning down somewhere between

0:19:360:19:38

five and ten percent of your salary.

0:19:380:19:40

Would you say it would be a good idea for me to freeze my current

0:19:400:19:43

private pension and then just put all that into my workplace pension?

0:19:430:19:48

What you need to think about with the one you've built up so far

0:19:480:19:51

is whether or not there are any transfer fees to move it

0:19:510:19:54

across into the new one.

0:19:540:19:56

It's often easier to just leave it where it is,

0:19:560:19:59

keep it there, growing, invested.

0:19:590:20:01

And when you come to retire in 30 years' time, go back,

0:20:010:20:04

find out how much is in it and then take it out then.

0:20:040:20:07

I'd suggest, if you can afford it, just a little bit more than

0:20:070:20:11

£60-a-month and that will put you on track to have a liveable pension

0:20:110:20:15

-when you come to retire.

-That's what we all want.

0:20:150:20:19

And it seems James' advice was just what Steve was looking for.

0:20:190:20:23

Pensions are obviously a very confusing thing for most people,

0:20:230:20:26

so it's been really good advice.

0:20:260:20:29

If you've asked a company to make improvements to your home

0:20:320:20:35

and something goes wrong, the question is, who is to blame?

0:20:350:20:37

Now, the answer may sound obvious but, you know,

0:20:370:20:39

it can be more complicated than you'd expect

0:20:390:20:42

to establish exactly where the responsibility lies.

0:20:420:20:46

And while everyone involved continues to disagree over

0:20:460:20:49

who should put things right, you may find, like our next case,

0:20:490:20:52

that your homes ends up stuck with a very unwelcome additional feature.

0:20:520:20:56

Carole Lambert's extension has some very appealing features.

0:20:580:21:03

Big, bright windows giving a great view of the garden,

0:21:030:21:06

lots of extra space,

0:21:060:21:08

but also a large hole in the middle of the floor.

0:21:080:21:12

A hole so big that Carole has to cover it with her sofa to

0:21:120:21:15

stop her pets and grandchildren falling down it.

0:21:150:21:18

It's now become a bit of a joke in the family, although how it

0:21:180:21:22

appeared and why it's still there is not funny at all.

0:21:220:21:25

I moved here in October, 2010 and I had a conservatory in my old place.

0:21:250:21:30

And I love conservatories,

0:21:300:21:32

so I decided that I would have one put here.

0:21:320:21:34

Carole, who lives in Chippenham,

0:21:350:21:38

chose a well-established local firm called DL Windows,

0:21:380:21:41

not to be confused with companies with similar names,

0:21:410:21:44

to build her dream conservatory at a cost of over £23,000.

0:21:440:21:49

I went to the showroom and had a look at a few brochures,

0:21:500:21:53

and it all looked pretty good and quite exciting.

0:21:530:21:56

With planning permission secured,

0:21:560:21:58

designs agreed and everything ready to go,

0:21:580:22:01

Carole signed a contract for DL Windows to supply

0:22:010:22:04

and fit the conservatory.

0:22:040:22:05

And, at some point,

0:22:050:22:07

it was agreed that rather than pay all the money to them,

0:22:070:22:09

she would make separate payments direct

0:22:090:22:12

to the builder and the fitter.

0:22:120:22:13

I didn't think anything of it. They were just asking me.

0:22:130:22:16

I thought I was being helpful so, yeah, I paid them.

0:22:160:22:19

With the first payments made, work began on Carole's new conservatory.

0:22:190:22:23

I was very impressed with the professionalism of the guys

0:22:230:22:27

who did the work.

0:22:270:22:28

The fitter was really good and so was the builder,

0:22:280:22:30

and I was really happy with the conservatory.

0:22:300:22:33

But Carole's happiness was short-lived.

0:22:330:22:35

17 months after it was finished,

0:22:350:22:37

the conservatory started to have a distinct aroma.

0:22:370:22:41

There was a little bit of an unpleasant smell

0:22:410:22:44

and we were all looking to blame somebody, even the cats.

0:22:440:22:47

We did sort of look a bit further

0:22:470:22:49

and found out that our drain was full up to the top.

0:22:490:22:54

The drain under the conservatory had backed up.

0:22:540:22:57

Carole had to ask her son-in-law to unblock them.

0:22:570:23:00

It wasn't the nicest of jobs but, unfortunately,

0:23:000:23:02

he had to do it twice in as many months.

0:23:020:23:05

Clearly, something wasn't right.

0:23:050:23:07

The third time it happened, I thought,

0:23:080:23:09

"I better get the professionals in and they might have to put cameras down",

0:23:090:23:13

which they did. And, on putting the cameras down,

0:23:130:23:15

they realised that there was a problem down there,

0:23:150:23:18

and they said it could possibly be caused by the foundations

0:23:180:23:21

of the conservatory.

0:23:210:23:23

Carole was told that the drain which ran under the new conservatory

0:23:230:23:27

had collapsed and that was causing the horrible smell.

0:23:270:23:30

It was all very unpleasant. It was very smelly.

0:23:300:23:32

And he got rods down there and it was clearing it.

0:23:320:23:35

Carole couldn't be sure that it was the building of the new conservatory

0:23:350:23:39

that had caused the problem, but nonetheless her first call

0:23:390:23:42

was to DL Windows who quickly sent someone round to investigate.

0:23:420:23:46

They dug a hole in my conservatory to see what the problem was but,

0:23:460:23:50

unfortunately, after looking into this rather large hole,

0:23:500:23:54

the builder said that he

0:23:540:23:56

didn't believe it was the problem of DL Windows.

0:23:560:24:00

And now he didn't feel comfortable about repairing what was

0:24:000:24:03

going on down there.

0:24:030:24:05

And...off he went.

0:24:050:24:08

So, now I've got a big hole in my conservatory and I'm thinking,

0:24:080:24:11

"What shall I do?"

0:24:110:24:13

So, I contact my insurance company and ask if they can help me,

0:24:130:24:18

and they sent their drain advisory team around the very next morning,

0:24:180:24:22

because I did explain that I now had raw sewage running

0:24:220:24:26

through my conservatory.

0:24:260:24:27

The drain advisory team investigated the hole

0:24:290:24:31

and reported their findings back to Carole.

0:24:310:24:34

They concluded that the fault did indeed lie with

0:24:340:24:36

the creation of the conservatory.

0:24:360:24:39

"This would indicate that the poor practices evident in the

0:24:390:24:41

"excavation during the survey are the results of works

0:24:410:24:44

"undertaken during the construction of the conservatory."

0:24:440:24:48

Carole forwarded the insurance company's report to DL Windows,

0:24:480:24:52

hoping it would prompt them to fix the drain and fill in the hole.

0:24:520:24:55

But when she didn't get a reply,

0:24:550:24:57

Carole called the company's managing director.

0:24:570:25:00

He said that he has been told by his builder that it was not their problem

0:25:000:25:05

and seemed to pay no attention to the report.

0:25:050:25:09

I was quite shocked and saddened

0:25:090:25:11

and very disappointed by his attitude,

0:25:110:25:13

because, up until then, he had been perfectly nice with me.

0:25:130:25:18

And things went from bad to worse.

0:25:180:25:20

As a result of the report, the insurance company

0:25:200:25:22

said it wasn't their responsibility to put things right.

0:25:220:25:25

So, faced with another brick wall, Carole took legal advice

0:25:250:25:29

and wrote a formal letter to the boss of DL Windows.

0:25:290:25:31

There was a very immediate response.

0:25:330:25:35

I got a letter basically telling me that, actually,

0:25:350:25:38

I might well have paid him £19,000.

0:25:380:25:41

But, because I paid my builder £4,500 and my fitter £1,800,

0:25:410:25:46

but because I paid the builder direct,

0:25:460:25:49

my problem was with the builder.

0:25:490:25:51

Now, of course, Carole had paid the builder and the fitter separately,

0:25:510:25:54

but however many companies she had made payments to,

0:25:540:25:57

as far as Carole was concerned,

0:25:570:25:59

she'd only entered into a contract with one of them

0:25:590:26:01

and that was DL Windows.

0:26:010:26:03

So, she wasn't happy with what they were saying.

0:26:030:26:06

I thought, "You're having a laugh.

0:26:060:26:08

"I employed you. You employed the builder."

0:26:080:26:11

But DL Windows were adamant that

0:26:110:26:13

because Carole had made three separate payments,

0:26:130:26:16

she had three separate arrangements -

0:26:160:26:18

one with them, one with the builder and one with the window fitter.

0:26:180:26:22

And because it wasn't them who had been paid for the building work,

0:26:220:26:25

they were not liable to fix it.

0:26:250:26:27

I employed DL Windows to do my conservatory,

0:26:270:26:29

so if I get a leaky window, do I have to go and chase the fitter,

0:26:290:26:32

wherever he may be?

0:26:320:26:34

And not go back to DL Windows?

0:26:340:26:36

I can't believe a company can just sort of say,

0:26:360:26:39

"Actually, it's nothing to do with us.

0:26:390:26:41

"You paid the builder direct - go and sort it out with them."

0:26:410:26:44

Carole did get in touch with the builder and,

0:26:450:26:47

although he has been round to take a look,

0:26:470:26:49

he's confident that the problems couldn't have been caused by him,

0:26:490:26:53

as he says his work wasn't in the same vicinity as the pipe.

0:26:530:26:56

But, in any case, he's bounced responsibility back to DL Windows,

0:26:560:27:00

saying that the contract was only ever between them and Carole,

0:27:000:27:04

leaving her no closer to having things resolved.

0:27:040:27:08

It's going to cost quite a chunk of money to repair

0:27:080:27:10

and it looks like it's going to be down to me.

0:27:100:27:12

But Carole doesn't think it should be her

0:27:120:27:15

who has to pay to put things right,

0:27:150:27:16

and she keeps coming back to the original contract that she

0:27:160:27:19

had with DL Windows.

0:27:190:27:21

It refers to their builders

0:27:210:27:23

and clearly states that they would supply, and fit, the conservatory.

0:27:230:27:27

So, with all sides equally convinced

0:27:270:27:29

that they're in the right, it's stalemate.

0:27:290:27:31

We showed the contract to Trading Standards

0:27:310:27:34

and asked for their advice,

0:27:340:27:35

and it seems that Carole is right about where responsibility lies.

0:27:350:27:39

Because the wording states that DL Windows will supply

0:27:390:27:43

and fit the conservatory.

0:27:430:27:45

If they had just said supply, they wouldn't be liable.

0:27:450:27:48

But because they had promised to supply and fit it,

0:27:480:27:51

it does suggest that is DL Windows who should fix the problem.

0:27:510:27:54

And the fact that Carole paid the fitter

0:27:540:27:56

and the builder separately shouldn't get them off the hook.

0:27:560:27:59

That's because, while paying someone direct can sometimes be

0:28:000:28:03

seen as evidence of who a contract is with,

0:28:030:28:06

it's not conclusive.

0:28:060:28:08

The best evidence is always going to be the paperwork and, in this case,

0:28:080:28:11

there's nothing in writing to suggest

0:28:110:28:13

the initial agreement had been changed.

0:28:130:28:15

When we spoke to DL Windows, they told us they've consistently

0:28:190:28:23

said that if it is this job that's damaged the sewer pipe,

0:28:230:28:26

then they'll fix at their own cost.

0:28:260:28:28

But they've reiterated that they don't believe the damage was

0:28:280:28:31

due to the conservatory's construction.

0:28:310:28:33

Nor do they accept the report commissioned by the insurance

0:28:330:28:36

company that found otherwise.

0:28:360:28:38

They feel that may be due to the insurers wanting to avoid

0:28:380:28:41

paying out on any claim.

0:28:410:28:42

They believe they've done everything in their power to resolve the issue,

0:28:420:28:46

and stress that they have an impeccable

0:28:460:28:49

and hard-won reputation for providing a quality service.

0:28:490:28:52

But Carole had no idea the issue of paying separately could

0:28:540:28:58

so easily muddy the waters.

0:28:580:28:59

And while the disagreement continues,

0:28:590:29:01

her home is left looking like this.

0:29:010:29:04

As you can see, it's a pretty big hole.

0:29:040:29:06

Everyone keeps telling me

0:29:060:29:08

a different story about who is responsible for it.

0:29:080:29:10

I'm trying to take the words of professional people

0:29:100:29:13

and then other people say it's not their problem.

0:29:130:29:15

And no-one's doing anything about it, really.

0:29:150:29:18

And I'm trying to live around it, and it's just a bit of a drag.

0:29:180:29:22

Where would we be without the mobile?

0:29:300:29:32

But there is a term called "bill shock" that the mobile phone industry

0:29:320:29:36

uses when a customer receives a bill that is unexpectedly high,

0:29:360:29:40

sometimes when their phone is stolen

0:29:400:29:42

and someone else has used it to make expensive calls.

0:29:420:29:45

Well, last year,

0:29:450:29:46

over 800,000 mobile phones were reported stolen in the UK,

0:29:460:29:51

and countless others lost,

0:29:510:29:52

and that can be more than annoying.

0:29:520:29:55

It can also prove very expensive indeed.

0:29:550:29:57

Because although someone else might start using your phone to

0:29:570:30:00

make those costly calls abroad, unless you've followed

0:30:000:30:04

one key piece of advice, it'll be you who ends up footing the bill.

0:30:040:30:08

The mobile phone celebrated its 40th birthday this April

0:30:140:30:17

and we've come a long way since the days when we used to call them

0:30:170:30:20

bricks and couldn't even fit them into our pockets.

0:30:200:30:23

Now the UK has a higher number of mobile handsets in use than

0:30:230:30:27

there are people living here, and we rely on our phones so much,

0:30:270:30:30

it's hard to imagine life without them.

0:30:300:30:33

Catherine Evans can't - like most 22-year-olds,

0:30:340:30:37

she's inseparable from her phone.

0:30:370:30:39

In fact, it's such an important part of her life that, like over a third

0:30:390:30:43

of mobile users, Catherine pays extra every month for insurance.

0:30:430:30:47

I was paying £31 per month for phone insurance,

0:30:470:30:52

which they told me would cover loss, damage or stolen.

0:30:520:30:55

Catherine was confident she wouldn't be out of pocket

0:30:580:31:01

when her phone went missing on a night out last Christmas.

0:31:010:31:04

I thought, "Maybe I've put it down myself or maybe it was lost

0:31:040:31:07

"and someone had handed it in genuinely to the bar."

0:31:070:31:10

I checked everywhere.

0:31:100:31:11

I checked in the area that I'd been sitting, I checked outside,

0:31:110:31:14

I checked in lost property behind the bar, and I checked all the way

0:31:140:31:18

through my bag, like a million times, but there was still no luck.

0:31:180:31:21

Thinking that one of her friends might have picked it up

0:31:210:31:23

by mistake, or staff in one of the bars might find it at the end

0:31:230:31:27

of the night, Catherine didn't report her phone missing.

0:31:270:31:30

Something she'd come to regret.

0:31:300:31:32

Well, the next day I just used like social networking

0:31:320:31:35

and managed to get in touch with people through that

0:31:350:31:39

and told them what had happened and asked them maybe if they had it.

0:31:390:31:42

Because I just thought maybe my friend had picked it up for me,

0:31:420:31:46

but, no, there was no luck.

0:31:460:31:48

With no sign of her phone, Catherine called Orange thinking that

0:31:480:31:51

all would be fine because she had that mobile phone insurance.

0:31:510:31:55

When I spoke to Orange the morning after,

0:31:550:31:58

they were really reassuring that everything will be OK

0:31:580:32:01

and that they would send me a new phone out.

0:32:010:32:04

Catherine paid the insurance excess of £25 for the new handset

0:32:040:32:07

and the new phone arrived just in time for Christmas.

0:32:070:32:11

'I had a lovely Christmas and New Year,'

0:32:110:32:13

I hadn't thought twice about the fact that my phone had been stolen.

0:32:130:32:16

It was only when she got her January bill that Catherine realised

0:32:160:32:19

she'd missed a key detail in the small print of her insurance.

0:32:190:32:22

The policy made it clear that she would still have to pay for any

0:32:220:32:26

calls made between the phone going missing and the loss being reported.

0:32:260:32:30

To my disbelief, Orange told me that my bill was now over £400

0:32:300:32:35

because there had been calls called up to Romania

0:32:350:32:38

on the night that my phone had been stolen.

0:32:380:32:41

Whoever had got hold of Catherine's phone that night had used it

0:32:410:32:44

to make more than six hours of calls to Romania, adding more than

0:32:440:32:48

£360 to Catherine's bill - a bill that Orange insisted she had to pay.

0:32:480:32:54

Almost instantly they said to me, "Well, this isn't our fault.

0:32:540:32:58

"You need to pay this amount or else we're cutting

0:32:580:33:00

"you off from your contract."

0:33:000:33:02

I obviously then said to them that obviously this isn't my fault,

0:33:020:33:05

it's now obvious that someone has stolen my phone.

0:33:050:33:08

I would never have rang anybody in Romania in the past.

0:33:080:33:11

And then they continued to say that, no, you will pay the bill.

0:33:110:33:15

I was extremely angry and I was actually really close to tears.

0:33:150:33:19

Catherine had no idea that her mobile phone insurance didn't

0:33:190:33:23

cover her for the cost of calls made before she reported

0:33:230:33:26

the phone as lost or that she'd have been in exactly the same

0:33:260:33:29

situation whichever phone company she was signed up to.

0:33:290:33:33

We checked with every one of the big phone operators

0:33:330:33:36

and discovered that until your phone is reported missing

0:33:360:33:39

and the SIM card is blocked, it's the customer who's

0:33:390:33:42

liable for the cost of those unauthorised calls.

0:33:420:33:45

But unable to instantly find the extra £369 added to her bill,

0:33:450:33:50

and, in any case, thinking she shouldn't have to pay for calls she didn't make,

0:33:500:33:54

Catherine decided not to pay while she tried to resolve the problem with Orange.

0:33:540:33:59

I asked them if there was any alternates to how

0:33:590:34:01

I could deal with this situation outside of the Orange network.

0:34:010:34:05

Orange suggested that I got in touch with the police to see

0:34:050:34:09

if they could give me a crime reference number.

0:34:090:34:11

But the police told Catherine they couldn't assign a crime number unless

0:34:110:34:14

there was proof that the phone had been stolen, which she didn't have.

0:34:140:34:18

In the meantime, though, because she hadn't paid the bill,

0:34:180:34:20

Orange froze Catherine's account and cut off her phone.

0:34:200:34:24

Orange then cut me off because I wasn't willing to pay the full

0:34:240:34:27

amount of money they thought that I should be paying,

0:34:270:34:31

the bill that someone had run up after stealing the phone.

0:34:310:34:33

They're still charging me my monthly contract fee

0:34:330:34:37

and the bill is just getting bigger and bigger.

0:34:370:34:40

And now Catherine is being contacted by debt collectors

0:34:400:34:43

trying to reclaim the unpaid money.

0:34:430:34:46

Orange didn't comment specifically on Catherine's case,

0:34:460:34:48

but reiterated that they advise...

0:34:480:34:50

If a phone is lost or stolen, they stress it's important that they're informed as soon as possible

0:34:550:35:00

to prevent being charged for someone else's calls or data.

0:35:000:35:03

They also recommend using the phone's security pin

0:35:030:35:06

to prevent unauthorised use.

0:35:060:35:08

Now, discovering, like Catherine, that you've run up an unusually

0:35:080:35:11

large phone bill is something that the industry calls "bill shock".

0:35:110:35:15

Telecoms regulator Ofcom estimates that in a typical year,

0:35:150:35:19

more than a quarter of a million people experience bill shock

0:35:190:35:22

from calls made after their phone has been lost or stolen,

0:35:220:35:25

but they're very keen to bring that number down.

0:35:250:35:29

So, what is being done, then, for the average mobile phone user

0:35:290:35:32

who may lose his or her phone?

0:35:320:35:34

We're working with providers to find ways that they can better

0:35:340:35:37

monitor people's usage. It's quite difficult because

0:35:370:35:40

if your phone falls into the wrong hands, billing doesn't necessarily

0:35:400:35:43

happen in real time, so it's hard for them to actually monitor it

0:35:430:35:47

and to do something about it.

0:35:470:35:48

With all the technology, surely a phone company would be able

0:35:480:35:51

to recognise unusual activity immediately?

0:35:510:35:55

Unfortunately, it's not quite that simple.

0:35:550:35:58

Some of them can, some of them can't and we're asking them

0:35:580:36:00

to invest money into those sorts of systems

0:36:000:36:02

so they can do that much better than they do now.

0:36:020:36:05

It does seem a bit unfair to me, though,

0:36:050:36:07

as a mobile phone user, that if I lose my phone or

0:36:070:36:10

I have it stolen, that I have unlimited liability.

0:36:100:36:14

That's strong.

0:36:140:36:15

Yes, that is. It is something that we're conscious of

0:36:150:36:18

and we also would like to see something done about that.

0:36:180:36:21

We have asked the government to look at

0:36:210:36:22

whether they can introduce some legislation to basically limit

0:36:220:36:26

liability, but, as the law currently stands,

0:36:260:36:29

you are liable until such time as you report it.

0:36:290:36:31

So, overall, what kind of advice would you offer to people?

0:36:310:36:34

If you think you've lost your phone or it's been stolen,

0:36:340:36:37

report it immediately.

0:36:370:36:39

Don't spend time wondering and worrying and thinking about

0:36:390:36:42

where it might be and ringing around friends, actually just report it.

0:36:420:36:45

As soon as you've reported it,

0:36:450:36:47

then you're not responsible for the use after that time.

0:36:470:36:50

You can also protect yourself by making sure your phone

0:36:500:36:53

and your SIM card have a password set on them.

0:36:530:36:56

Without knowing your password,

0:36:560:36:57

a thief won't be able to make calls at your expense.

0:36:570:37:01

According to official statistics, the time that British consumers

0:37:050:37:09

spend dealing with problems that arise from things to do with

0:37:090:37:13

goods and services amounts to a staggering 59 million hours.

0:37:130:37:19

Now that is an awful lot of our lives spent trying to sort out

0:37:190:37:23

things that have gone wrong.

0:37:230:37:24

But the good news is that the plight of the consumer

0:37:250:37:27

has not gone unnoticed. Earlier this year,

0:37:270:37:30

a new Consumer Rights Bill was unveiled that's designed to

0:37:300:37:33

reduce the effort that you have to make to get a problem sorted.

0:37:330:37:36

Hailed as the most radical overhaul of consumer law for three decades,

0:37:360:37:40

the draft bill was mentioned in the Queen's Speech in May 2013

0:37:400:37:43

and the intention is that when the proposals become law,

0:37:430:37:47

they'll give consumers greater protection as well as much

0:37:470:37:50

more clarity on our rights and what we're entitled to.

0:37:500:37:53

So, how would these proposals work in practice?

0:37:530:37:56

Well, to find out how they just might make life

0:37:560:37:59

a little easier for consumers, we've taken some

0:37:590:38:01

of the most common scenarios about which you write to us

0:38:010:38:04

at Rip-Off Britain to Richard Lloyd from the consumer magazine, Which?

0:38:040:38:08

And first we asked how the new rules will change things if, say,

0:38:090:38:13

your plumber comes to fix a leak, but, after he's gone, it comes back.

0:38:130:38:17

The law has been really unclear for people that are dealing with

0:38:170:38:21

services with plumbers, with other tradesmen,

0:38:210:38:24

where it's about the quality,

0:38:240:38:25

the standard of their work rather than the product that they sell you.

0:38:250:38:29

From now on, under these proposals,

0:38:290:38:31

you'll be able to ask that plumber to come back

0:38:310:38:33

and fix that leak within a few days of you spotting it, that will

0:38:330:38:37

be part of your new rights as a consumer.

0:38:370:38:40

The draft bill also boosts the rights of consumers who've

0:38:400:38:43

come up against some sort of dodgy car dealer or rogue trader.

0:38:430:38:47

What they can do now under these new proposals is to take action

0:38:470:38:51

against that rogue trader on behalf of everyone that's been effected.

0:38:510:38:55

That means you could get your money back along with everyone else,

0:38:550:38:58

without having to take that action individually on your own.

0:38:580:39:03

The proposals will also cover gaps in the law around

0:39:030:39:06

new technology, so how would they beef up your rights if you're

0:39:060:39:10

downloading an app or something else online and it doesn't work properly?

0:39:100:39:15

Well, under the new proposals, you'll be able to get the repair or

0:39:150:39:19

replacement of that app or that film or that digital download.

0:39:190:39:24

Your rights will be clear and, in some circumstances,

0:39:240:39:27

you'll be able to get your money back.

0:39:270:39:29

That's good, that's new, that's been missing from the law up till now.

0:39:290:39:32

All of these measures are just draft proposals at the moment

0:39:320:39:36

and have to be approved by Parliament.

0:39:360:39:38

So, if that happens, will they really give us more rights?

0:39:380:39:41

Well, we asked Consumer Minister Jo Swinson just that.

0:39:410:39:45

Why has it taken so long to make this new change

0:39:450:39:48

that you're talking about?

0:39:480:39:49

Well, I think it is really important to get the details of this right.

0:39:490:39:53

I know that consumers will be impatient to get change,

0:39:530:39:55

as am I, as Consumer Affairs Minister,

0:39:550:39:57

but we also want to make sure the change is right

0:39:570:40:00

and it'll work both for consumers and for businesses, and that's why

0:40:000:40:03

the kind of really complicated mess the law is in is a big problem.

0:40:030:40:08

There's law for consumers split across eight different pieces of

0:40:080:40:12

legislation and, you know, it's not necessarily easy to follow,

0:40:120:40:16

so having some real clarity about that with some

0:40:160:40:19

very plain English messages about what people can expect,

0:40:190:40:23

I think is going to be really helpful.

0:40:230:40:25

So, when will it be law, if it all goes through?

0:40:250:40:27

Well, we're hoping to introduce it either later this year or

0:40:270:40:30

early next year after this period of further scrutiny.

0:40:300:40:34

Then it takes about a year usually to get a law all the way through

0:40:340:40:36

the House of Commons and the House of Lords,

0:40:360:40:39

and then it would obviously be in force. So, possibly 2014 -

0:40:390:40:42

-more likely to be in early 2015.

-Minister, thank you very much for talking to us, thank you.

0:40:420:40:46

Thank you very much.

0:40:460:40:48

Here at Rip-Off Britain,

0:40:530:40:54

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

0:40:540:40:58

And we'd especially like to hear from you if you've had

0:40:580:41:00

a problem on holiday or while travelling at home or abroad.

0:41:000:41:03

So, if you feel let down by your airline,

0:41:040:41:06

disappointed that the hotel looked very different from the glossy

0:41:060:41:10

pictures in the brochure,

0:41:100:41:11

or maybe you're angry about hidden charges that

0:41:110:41:14

weren't clear when you booked.

0:41:140:41:16

You can write to us...

0:41:180:41:19

..or you can send us an e-mail to...

0:41:280:41:31

The Rip-Off team is ready and waiting

0:41:340:41:36

to investigate your stories.

0:41:360:41:38

INAUDIBLE CONVERSATION

0:41:380:41:40

Well, as we've been hearing, sometimes when it seems that you've

0:41:410:41:44

been ripped off, in fact it could be that what's really needed is

0:41:440:41:48

just an explanation or perhaps a clearer way of delivering

0:41:480:41:51

the same message, because it can make situations feel

0:41:510:41:54

so much worse when you've had a decision simply imposed on you

0:41:540:41:57

-without anyone taking the trouble to tell you why.

-Too true!

0:41:570:42:01

Having a better understanding of the other side of the coin isn't

0:42:010:42:05

much consolation if you've ended up paying more money or it's been

0:42:050:42:09

difficult getting a problem resolved,

0:42:090:42:10

but at least you'll know that someone isn't trying to pull a fast one,

0:42:100:42:14

which, as we know, does sometimes happen.

0:42:140:42:17

So, please do keep sending us all your stories,

0:42:170:42:19

whether someone's intentionally ripped you off or a company

0:42:190:42:23

has failed to make their rules clear.

0:42:230:42:25

It's by sharing your experience that you can really lessen

0:42:250:42:27

the chances of the same thing happening to somebody else.

0:42:270:42:30

Well, that's where we leave it for today,

0:42:300:42:32

but we'll be back to investigate more of your stories very soon.

0:42:320:42:35

-So, until then, from all the team, bye-bye.

-ALL: Bye-bye!

0:42:350:42:38

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0:42:400:42:43

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