Episode 18 Rip Off Britain


Episode 18

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Transcript


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

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and you contacted us in your thousands.

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You've told us about the companies you think get it wrong

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and the customer service that simply is not up to scratch.

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People should expect more when they pay for something.

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Everything you buy, I just think we're getting ripped off.

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You've asked us to track down the scammers who stole your money

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and investigate the extra charges you say are unfair.

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We rely on them giving you a fair price for something.

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You can't always rely on that.

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You don't want more hassle.

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You want them to honour their agreement with you.

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And, when you've lost out but no-one else is to blame,

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you've come to us to stop others falling into the same trap.

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That is disgusting!

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So, whether it's a blatant rip-off or a genuine mistake...

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We're here to 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, and welcome once again to the Rip-Off Britain office

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where you can see, as ever, the team is busy reading

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some of the thousands of letters and e-mails you very kindly send us,

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and, by the way, we're very grateful for every single one

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and we read every single one.

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But while many of those letters are about subjects we've heard about,

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or even investigated in the past, some stand out

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as they're unlike any experience we've ever heard of before.

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It's some of those unique and, in some cases, quite extraordinary

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stories that we'll try to get to the bottom of today.

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And while each one of them truly is a one-off,

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there IS something that each of them has in common.

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They're all situations that aren't clear-cut,

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where it's not easy to pin down who is at fault.

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And that may be because there's been some sort of circumstance

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or even coincidence that, quite frankly, no-one saw coming.

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But equally it could be because according to the rules,

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or even, indeed, the letter of the law,

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no-one has actually done anything wrong.

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Which means that, however desperate the situation,

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it's been really difficult to find a way of putting it right.

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So we're going to be seeing

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whether or not we can help find a way to move things forward.

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Coming up, two churches hoping to make pennies from heaven

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thanks to solar panels.

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So why has one of them had no return on its investment?

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If we'd known the problems we were going to have when we started,

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we wouldn't have done this.

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And how the wrong advice meant making a complaint

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cost this man tens of thousands of pounds.

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The consequence is that I may end up losing my house here,

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given that the amount of money that I now owe is something like 86,000.

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Next, how a community building with its roots in the past,

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but definitely an eye to the future, has ended up losing out

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to the tune of thousands of pounds

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thanks to quite an extraordinary disagreement over a question

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that, when you hear it, you might think someone really

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should have been able to come up with a definitive answer.

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People may like to think of Britain as somewhere damp and rainy.

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But, as you know, the sun shines rather a lot sometimes

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and over half a million households and public buildings in the UK

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have now decided to cash in on that sunshine by installing solar panels.

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The power they generate is fed into the national grid and,

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in turn, homeowners are paid for the electricity their panels produce,

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meaning they can be something of a money-spinner.

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TILL RINGS

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These two churches both have plenty of roof space to put to good use

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generating power with solar panels.

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And because they're both in Devon, a county that gets

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one of the highest numbers of sunshine hours in the country,

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they were keen to tap into some of that sunny money action.

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For Reverend Paul Booth of Culm Valley Methodist church,

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it's been a great experience.

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We're generating around £1,600 worth of electricity.

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It's a no-brainer, really.

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We'll have paid off the cost of putting it in, in a very short time,

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and then continue to receive money to help the church.

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Culm Valley got their solar panels in 2011

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and have been earning money from them ever since.

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Back then, the whole process was pretty straightforward.

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CONGREGATION SINGS

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But an hour down the road,

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Kingsbridge Church has found their experience a lot less simple.

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They took out a loan for £25,000 to pay for solar panels

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in the summer of 2012,

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confident in the belief that the money they generated

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would cover the monthly loan repayments

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AND leave some cash to put back into the church.

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For Church Treasurer, David, it seemed as though these panels

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might be the answer to his prayers.

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# Praise to the Lord... #

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The day came, the firm installed them,

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a meter was placed in the church

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so we could record how many units of electricity we were generating.

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At first, there was a little bit of excitement

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to see how much was being generated.

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But the excitement was premature.

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Before they could start earning anything back

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from their energy supplier EDF,

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they had to have a formal application approved.

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But that approval seemed to be taking a very long time to arrive.

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We heard nothing for four months, and then when we contacted

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EDF Energy, they told us there was a problem,

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that we would not get the money we expected

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because we needed an Energy Performance Certificate.

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An Energy Performance Certificate, or EPC,

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rates the energy efficiency of a building.

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But before the panels were installed here an independent inspector

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had told David that churches don't need to have one.

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When we went back to EDF Energy

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and OFGEM to say that we were told we didn't need a certificate

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and churches were exempt,

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they said they had classified us as a day centre

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and said we needed an Energy Performance Certificate.

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That seemed quite ridiculous

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and we pointed out we were a place of worship and proud of it

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and no way were we a day centre,

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but they wouldn't shift their position.

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For the four months it had taken

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to find out that they needed an energy certificate,

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the solar panels WERE generating power and feeding it

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back into the National Grid,

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but the church wasn't seeing a penny for it.

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David decided to go back to the original assessor

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to see if he could help.

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When I went back to the independent assessor to tell him that,

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after four months, they were telling us we needed an EPC,

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he was quite angry.

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He felt that they were questioning his professional ability.

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The assessor checked his facts,

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but was adamant his original decision was correct.

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He then said he would issue a certificate at that stage,

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with a caveat to say he still felt we didn't need one,

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just to get us over the question of the finance.

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The certificate being issued DID mean that the application

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would finally be processed by EDF,

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but the church's battle was far from over.

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EDF Energy refused to accept that as being submitted on the day

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the application went in.

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They were saying it was four months late,

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although that four months was due to their inefficiency

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and nothing to do with ourselves.

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The church had been expecting the highest of three standard rates

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set by the Government called Feed In Tariffs.

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That would have seen the power generated by the panels

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bought by EDF for 16.8 pence per kilowatt hour.

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But that rate is only paid for applications sent

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with one of those Energy Performance Certificates.

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Those made without an EPC, as Kingsbridge's was,

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are paid a much lower rate, 9p per kilowatt hour.

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And the fact the church did now have an EPC

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made no difference whatsoever

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because once an application is submitted it cannot be changed.

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As a result, the money the church would earn would be much less

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than they'd banked on and might not even pay off the £25,000

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they'd borrowed to install the panels in the first place.

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We weren't able to accept that.

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They've offered a couple of even lower tariffs

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if we didn't sign up in full and final settlement immediately,

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which, of course, we haven't been able to do.

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So now, it's stalemate!

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The contract for the Feed In Tariff remains unsigned,

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and all the time the church's solar panels are generating energy

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that they're not being paid for.

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I don't know quite how we're going to resolve it.

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I've done my best to negotiate a solution,

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only to find that the next e-mail or the next telephone call

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shatters that opportunity.

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But remember the Culm Valley Methodist church

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on the other side of the county?

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Well, THEY didn't need an energy certificate

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when they had their panels installed back in 2011.

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But while that sounds like they've been treated differently,

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in fact they had applied before a change in the rules,

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which is why they continue benefitting from those higher rates.

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Luckily, we didn't need an Energy Performance Certificate

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because that regulation only came in on the 1st April, 2012.

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So, our paperwork and progress to getting the solar panels in place

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was a lot easier than for many other places.

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Meanwhile, the team at Kingsbridge Methodist Church are still

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paying off the loan they took out to have the panels installed,

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but not making a single penny from them.

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When we spoke to EDF, the company told us...

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It's sorry for the "distress or inconvenience" that the problem

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has caused, but that under Feed in Tariff legislation,

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if a building doesn't have an Energy Performance Certificate rating of

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level D or above by the time solar panels are installed, customers

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"will receive a lower rate for the electricity they generate."

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EDF reiterated that the church was informed incorrectly,

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that a certificate wasn't needed and it's not possible to

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increase the rate now that one has been provided because

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there is no discretion under the legislation to amend the tariff.

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The company added that if and when the church signs the agreement,

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it'll backdate payments to cover power generated right back to

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when the panels were installed, albeit at the lower rate of 9p.

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Both EDF and the regulator Ofgem are adamant that the church

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always required the vital energy certificate that caused all

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this bother in the first place, so we also spoke to the independent

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energy assessor, who'd said one wasn't required.

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He maintained that he had acted in accordance with both industry

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guidelines and advice from his own certificating body,

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which state that churches should not be issued with an EPC.

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But as far as David's concerned, it doesn't feel right that the

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church has lost out because of confusion over this one point.

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The situation that we find ourselves in has been really quite

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strange because we were wanting to support environmental projects,

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yet if we'd known the problems we were going to have when we started,

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we wouldn't have done this.

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Not all the situations you write to us about can be resolved easily,

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because although it might seem pretty obvious that something

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has happened, it's not at all clear how it's happened or,

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more importantly, who's in a position to put things right.

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And that's very much the case in our next story,

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which has rumbled on now for several years.

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The couple who're at the heart of it all

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absolutely dread even the slightest threat of rain

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because they say that puts their home at serious risk.

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It rains one day out of every three in the UK

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and most rainwater goes into drains, or seeps into the ground

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without causing a problem.

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But when heavy rain falls around Alan Scott's home in Bedford,

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the water doesn't seep away.

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It's all flooded down here.

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When we called round at Alan's house, it had been quite dry.

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But even so, there were still signs of the problem.

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This is where most of the damage happens because the

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water flows down from the back of the garden,

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all the way down here.

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The garden is completely ruined.

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But the garden isn't the worst of it

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because the water doesn't just collect outside Alan's home.

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We found the water seeping up through the parquet

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flooring down here, so I had to remove the floorboards

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and cut the carpet away and then the mould and the damp was

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rising in this area down here and it absolutely stinks in this cupboard.

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As Alan's home video shows, heavy rainstorms have been leaving

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his home and garden much wetter than you'd expect

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for the past eight years.

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The garden and the ground beneath the house can be

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sodden for weeks after a storm, and when things are really bad,

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pools of water can be found under the floorboards.

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Two and a half, three inches deep now it's getting.

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Alan and Pat are adamant none of this happened

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in the first seven years of living here.

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It's built on the ground near our property.

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They say all this only started after a large area

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of land near their house was chosen to become a new community forest.

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And the access to that forest was to run along the side

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of their house, by upgrading an old dirt track.

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Work began in January, 2006,

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and the charity behind the project, the Marston Vale Trust,

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installed drains alongside the track to take away excess rainwater.

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But a few months after the work was finished, Alan made the discovery

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that has had huge repercussions for the couple ever since.

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I came downstairs and I saw the garden was flooded.

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Shortly afterwards, the water began coming up

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through the flooring in the hallway.

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Lifting the floorboards to investigate,

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they found the timbers were soaking wet.

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Well, we felt really frightened when it first happened.

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I mean, if you have water in a large void under your house,

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where's it going to go to?

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The only reason they could come up with was

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the new access track through the field next to their house.

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They wondered if perhaps the rain water that used to seep

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through the old dirt track was now running into their land instead.

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Worried, they went to see the farmer who owned the field.

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He said that the fields always had drainage problems,

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but we have got photographs showing what it was like prior to the track.

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Yes, there was water that used to lay on the surface,

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but it never used to come into the garden,

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so there was something different happening

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since the track was put down.

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The landowner said that it was nothing to do with him,

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it wasn't his responsibility,

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and for us to speak to The Forest of Marston Vale.

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So, Alan did just that.

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As a gesture of goodwill, the charity upgraded its drainage system

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and at the same time also dug a trench alongside the back and side

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of Alan's property...

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but it didn't stop the water coming in.

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And the Trust told Alan that there was no evidence the track

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definitely was the cause of their flooding.

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Over the following months and years,

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Alan and Pat have tried to get that proof,

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but further surveys haven't been able to establish any

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definite connection between the track and the flooding.

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We were absolutely devastated because we were worried

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about the ongoing damage to the house

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and what we were going to do.

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We wouldn't be able to sell the house.

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So, to see if we can shed any light on what's going on,

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we asked independent chartered surveyor Roger Southam

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to inspect the damage.

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-Morning.

-Good morning. How are you?

-Very well.

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Roger's been in the business for more than 30 years

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and over that time, his expertise has been called on by everyone

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from the Royal Institute of Chartered Surveyors,

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to the City of London and the Bank of England.

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The first thing that was evident when I opened the door was

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the smell of damp that just hit you straight in the nostrils.

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Having now put the damp meter into the timbers, there is clearly

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a major problem going on in this house.

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Those timbers to be as damp as they are for a period

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that hasn't been that wet and, certainly since February,

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we haven't seen a huge amount of rain in this area.

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There are other tell tale signs of damp that Roger doesn't need

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special equipment to examine.

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It looks like it's all the same cause, because it's coming

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in on this side of the property, it looks like it's emanating from

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outside in the amount of water that's making its way into the house,

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causing the issue with the timbers, causing the mould on the wallpaper.

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Clearly a major problem and we've got to find a solution for it.

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Outside, he tries to look for a probable cause.

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Standing in the garden, I notice two things.

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Firstly, there's a drainage channel

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on the outside of the fence that's going to be having no effect

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or impact in terms of removing the water.

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The second thing I see is there's one heck of a slope on this

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garden from the front to the back and on the adjoining land.

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Just like the rainwater, the ball's running straight

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down towards the house.

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After three hours surveying the damage,

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Roger is confident about what he thinks is responsible.

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He believes that the drain that's added behind the house,

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isn't draining water, it's collecting it.

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And when it's full, it overflows into Alan and Pat's garden

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and from there, into the house,

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presenting a real risk to their home.

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Well, the most extreme situation with the property,

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Alan's going to be facing wet rot, leading to dry rot,

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leading to structural integrity problems with the property.

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If Alan left the house and did absolutely nothing,

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then ultimately, of course, the house could well fall down.

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If I were to be put on the spot in terms of responsibility,

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it certainly seems to be underpinned

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by that roadway that's been installed.

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The heavy-duty nature of the road way, and the foundations

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that must be sitting beneath it, seem to be acting as a dam.

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Even if the flooding is stopped, Roger estimates that Alan

0:18:400:18:43

and Pat would need to spend tens of thousands of pounds

0:18:430:18:47

on repairing the damage.

0:18:470:18:48

Looking at Alan's house, certainly it can be fixed

0:18:480:18:52

and it can be solved, but it's wanting to make sure

0:18:520:18:54

that you're dealing with the outside parts first

0:18:540:18:57

because otherwise it's like putting a sticking plaster on a broken leg.

0:18:570:19:01

When we spoke to the Marston Vale Trust about all this,

0:19:010:19:05

it told us that though sympathetic to Alan and Pat's problem,

0:19:050:19:09

and keen to help resolve it, it doesn't agree that

0:19:090:19:13

the construction of the track is connected to the flooding.

0:19:130:19:16

The Trust said it has gone out of its way to help,

0:19:160:19:19

for example, by installing new drainage channels not because

0:19:190:19:23

of any responsibility to do so,

0:19:230:19:25

but to help a neighbouring landowner.

0:19:250:19:28

And it reiterated that if Alan could prove that construction of the track

0:19:280:19:31

caused the flooding, then either their insurance, or the landowner's

0:19:310:19:35

will deal with the matter.

0:19:350:19:36

The representative of the landowner agreed with that,

0:19:360:19:40

making it clear that Alan needs to prove, in engineering terms,

0:19:400:19:43

how the track could possibly have caused the flooding.

0:19:430:19:47

They point out that various reports have found no evidence

0:19:470:19:50

of this and that the opinions of the expert we sent aren't

0:19:500:19:54

the way to deal properly with such a technical matter.

0:19:540:19:58

They added they have been happy to assist Alan and have

0:19:580:20:01

remained open minded and ready to consider any case put to them,

0:20:010:20:05

but they maintain no such case has been put forward.

0:20:050:20:09

But Alan and Pat simply can't afford the kind of detailed

0:20:100:20:13

engineering report they hope could settle this once and for all.

0:20:130:20:17

-It just gets you down, doesn't it?

-It gets you down,

0:20:180:20:21

but you keep your spirits up. That's all you can do, isn't it?

0:20:210:20:24

We've got to live here, we can't move.

0:20:240:20:27

With all conscience, you couldn't sell it and pretend

0:20:270:20:30

there's nothing wrong with it because

0:20:300:20:32

it's obvious with the damp creeping up the walls.

0:20:320:20:35

Still to come on Rip Off Britain, why this designer thinks

0:20:430:20:47

the similarities between her T-shirts

0:20:470:20:49

and those from a big name store aren't just a coincidence.

0:20:490:20:54

I was really disappointed to find out that something similar

0:20:540:20:57

to our own original design was available in the high street.

0:20:570:21:01

We're so delighted that so many people have

0:21:070:21:09

decided to join us at our pop up shop here in the West Midlands.

0:21:090:21:12

What I like more than anything else is actually meeting everybody

0:21:120:21:16

face to face and hearing about their consumer issues.

0:21:160:21:21

I agreed to do that, so I ended up paying a total of £299.

0:21:210:21:28

And do you know what I like even better?

0:21:280:21:30

The fact that our team of experts solve them.

0:21:300:21:32

Bernie Eddisford called in for legal advice from Gary Rycroft

0:21:320:21:36

after realising she could no longer contact the solicitors

0:21:360:21:40

who held her will and the deeds to her house.

0:21:400:21:43

I had to change my executors and when I went to do that,

0:21:430:21:50

I discovered that the company had gone into liquidation and I couldn't

0:21:500:21:54

trace my will or my deeds.

0:21:540:21:58

-How long ago did this happen?

-About two years ago.

0:21:580:22:01

And you've been trying to track down where your will is

0:22:010:22:04

and where the deeds are? And you've got nowhere?

0:22:040:22:07

Nowhere, absolutely nothing.

0:22:070:22:09

I do believe, from reading your notes,

0:22:090:22:13

that you have a receipt from the solicitors concerned,

0:22:130:22:16

so you have evidence that your deeds and your will were lodged

0:22:160:22:19

with that particular firm of solicitors.

0:22:190:22:22

That is a very good starting point and a good lesson

0:22:220:22:25

for everyone is if you get a receipt from a solicitor

0:22:250:22:28

or indeed anyone else, keep it safe.

0:22:280:22:30

Now, the good thing about using a solicitor

0:22:300:22:32

is that they do have succession.

0:22:320:22:34

There should be a firm that's taken over responsibility

0:22:340:22:37

for that firm's business.

0:22:370:22:39

But when Bernie found out who that succession firm was

0:22:390:22:43

and contacted them, they claimed they couldn't find

0:22:430:22:46

any trace of her will or her deeds.

0:22:460:22:48

-I think, Angela, that this is a case of Bernie being fobbed off.

-Exactly.

0:22:480:22:51

The solicitors who took over the previous firm, on the face of it,

0:22:510:22:55

have responsibility.

0:22:550:22:57

You need to be booking an appointment with a senior partner,

0:22:570:23:01

saying, "I want answers here."

0:23:010:23:03

Now, he may get himself off the hook

0:23:030:23:05

by saying, "We didn't take over responsibility

0:23:050:23:08

"for the wills and deeds from the previous firm,"

0:23:080:23:11

but he's got to prove that to you.

0:23:110:23:13

If your house is registered with the land registry,

0:23:130:23:16

then the loss of the deeds isn't a massive problem

0:23:160:23:19

because the land registry will be able to send you a copy.

0:23:190:23:23

It's actually only £3 for a copy of the land register

0:23:230:23:26

and £3 for a copy of the land registry plan.

0:23:260:23:29

It's not a great expense.

0:23:290:23:30

If yours is one of the properties in England and Wales that's not

0:23:300:23:34

registered, and there are still many thousands that aren't,

0:23:340:23:38

then your deeds will have to be reconstructed.

0:23:380:23:40

The cost of reconstructing those deeds should lie with the people

0:23:400:23:44

who are responsible for looking after your will and deeds.

0:23:440:23:47

That firm may have ceased to trade, but another firm,

0:23:470:23:50

on the face of it, has taken over.

0:23:500:23:52

Just make sure that they recognise

0:23:520:23:55

that you're not going to go away, that they do

0:23:550:23:57

have responsibilities and they have got to pay up

0:23:570:24:01

or produce the will and the deeds, one or the other.

0:24:010:24:04

-True?

-Absolutely true.

0:24:040:24:07

Since filming with us, Gary has traced the firm of solicitors,

0:24:070:24:10

who have taken responsibility for Bernie's property deeds,

0:24:100:24:14

which is a huge relief for her.

0:24:140:24:15

But the hunt for her will goes on.

0:24:150:24:17

Outside, in our gripe corner, you couldn't wait to

0:24:190:24:22

sound off about some particularly common complaints, quite a few

0:24:220:24:25

of which we've been investigating through this series.

0:24:250:24:28

What really annoys me is cold calling.

0:24:280:24:31

Can't we stop it?

0:24:310:24:33

Well, we think England shirts are an absolute rip off.

0:24:330:24:35

57 quid?!

0:24:350:24:38

I'm only 16, he's 15. How are we going to afford that?

0:24:380:24:41

I couldn't believe how much it cost me to phone an 0845 number.

0:24:410:24:46

It was £7 for 20 minutes.

0:24:460:24:49

I didn't get to speak to anybody and, worst of all, it was the NHS.

0:24:490:24:52

And even Julia couldn't resist a gripe.

0:24:540:24:57

I hate it when you ring someone up and all you get is

0:24:570:25:01

a recorded message or even worse music, music, music, music.

0:25:010:25:06

They've ruined Vivaldi's Four Seasons for me

0:25:060:25:08

and I'm very, very cross about it!

0:25:080:25:10

Now, as you know, hundreds of thousands of small businesses

0:25:140:25:17

start up every year, so to really make a go of things, each of them

0:25:170:25:20

needs to be able to offer something unique.

0:25:200:25:22

But here's someone who thought she'd come up with some

0:25:220:25:25

really quirky ideas to set her apart from everybody else,

0:25:250:25:28

only to discover that one of the industry's big players

0:25:280:25:31

was selling stuff very much along the same lines.

0:25:310:25:34

In the end, trying to prove who got there first

0:25:340:25:37

is not as simple as you might have thought.

0:25:370:25:40

Claire Mullan has long had an eye for a funky design,

0:25:430:25:46

so much so, that for the last nine years she's made a living

0:25:460:25:50

turning her imaginative ideas into T-shirts.

0:25:500:25:52

Tee and toast designs are happy, carefree,

0:25:540:25:56

they're a little bit quirky, they're designed to get people to smile.

0:25:560:26:01

The business has a loyal fan base, both in Claire's native Belfast

0:26:010:26:05

and right across the UK, thanks to her online shop.

0:26:050:26:09

The T-shirts sell well,

0:26:090:26:10

but not in such numbers that Claire would generally expect to see

0:26:100:26:13

someone wearing one of her designs on the street.

0:26:130:26:16

So when she saw what looked like just that, she was amazed.

0:26:160:26:19

I was working at St George's market in Belfast

0:26:190:26:22

and from a distance I was excited to see who I thought was a customer

0:26:220:26:27

walking towards me wearing one of my T-shirt designs, the McMullet.

0:26:270:26:32

As the T-shirt came closer,

0:26:320:26:33

Claire realised that it wasn't one of her T-shirts after all,

0:26:330:26:36

but one that looked very similar and it was being sold at Primark.

0:26:360:26:40

I was really disappointed to find out that something

0:26:420:26:45

similar to our own original design was available in the high street.

0:26:450:26:49

It looked like Claire's unique design wasn't so unique after all.

0:26:490:26:53

Something that seemed very close to it was being

0:26:530:26:56

sold by one of the biggest names on the high street.

0:26:560:26:59

This is our McMullet design. It was designed in 2004,

0:26:590:27:04

it was one of our original designs and we've seen something very

0:27:040:27:08

similar to it that came from Primark in 2012.

0:27:080:27:13

The style is a little bit different but you can see from a distance,

0:27:130:27:16

they look very similar.

0:27:160:27:18

But you know what they say, great minds think alike.

0:27:180:27:21

Claire thought it was probably just coincidence,

0:27:210:27:24

but then it happened again.

0:27:240:27:27

When the second one happened a few months later,

0:27:270:27:29

I didn't know what to do.

0:27:290:27:31

I was getting phone calls, texts, e-mails, all from family

0:27:310:27:35

and friends and loyal fans, so they started flooding in with responses

0:27:350:27:40

of, "Have you seen this? This looks like yours."

0:27:400:27:44

This time, the similarity between the T-shirts was perhaps even

0:27:440:27:47

more of a surprise, with Primark's design having an uncanny resemblance

0:27:470:27:51

to one Claire had started selling several years earlier.

0:27:510:27:55

So, this is our design on the left.

0:27:560:27:58

It's got the unicorn with a speech bubble, the shape of a cloud,

0:27:580:28:03

with the words "I'm magic" inside.

0:28:030:28:05

Then Primark have a version with a unicorn

0:28:050:28:08

in a different kind of illustration style, but then in a very similar

0:28:080:28:12

font, they have the words "I'm magic".

0:28:120:28:14

Claire could never have imagined that almost five years after

0:28:140:28:18

her design, a very similar one would appear

0:28:180:28:21

in the stores of a much bigger company.

0:28:210:28:23

You feel a bit sick, you start researching, you're mad,

0:28:230:28:27

you're angry, you're disappointed, you're disappointed for your fans

0:28:270:28:31

and your followers because they're buying something that's not meant

0:28:310:28:34

to be found in the high street.

0:28:340:28:36

Claire was convinced that one of Primark's designers

0:28:360:28:39

must have seen her work.

0:28:390:28:40

She tried to take the matter up with Primark directly,

0:28:400:28:43

but when she couldn't get through to anyone who could help, Claire asked

0:28:430:28:46

a lawyer specialising in copyright issues to look into her case.

0:28:460:28:50

But after much thought, Claire decided that she

0:28:530:28:55

didn't have the resources to attempt legal action

0:28:550:28:58

against one of the biggest forces on the high street.

0:28:580:29:01

The energy and the time it would have taken away from running

0:29:030:29:06

my business to deal with a high street chain, I just thought my

0:29:060:29:11

time was going to be put to better use by focusing on my business.

0:29:110:29:16

But just three months later, Claire was astonished when she was told of

0:29:160:29:20

another Primark T-shirt that seemed remarkably like one of her designs.

0:29:200:29:25

So on the left, we have our moose-tache design, a moose with

0:29:250:29:30

a moustache and on the right we have Primark's design.

0:29:300:29:34

With Primark, the phrase three times a charm,

0:29:340:29:37

it wasn't funny the third time.

0:29:370:29:40

We ran both sets of designs past an intellectual property lawyer

0:29:400:29:44

to see if he thought this could be just a coincidence.

0:29:440:29:47

What we've got here is images that look at least to me

0:29:470:29:49

to be extremely similar. Clearly there's a bit of deviation,

0:29:490:29:53

but the idea behind it looks, to me, to be very similar.

0:29:530:29:56

And then when you see that something even more similar has

0:29:560:29:59

happened in respect of the mullet/moustache design,

0:29:590:30:02

again, it might be just about different enough in copyright

0:30:020:30:05

terms, but it certainly looks like a shared amount of inspiration there.

0:30:050:30:11

Proving that there had genuinely been any copyright infringement

0:30:110:30:14

can be extremely hard in a court of law.

0:30:140:30:17

The courts will always tell you that copyright doesn't protect ideas,

0:30:170:30:22

it protects how they are expressed.

0:30:220:30:23

It's a very fine line to walk between doing something

0:30:230:30:26

that's obviously inspired by something else

0:30:260:30:28

and something that is just a direct imitation.

0:30:280:30:31

When we contacted Primark, the store said it was saddened

0:30:320:30:36

by Claire's allegations, which it says are simply wrong.

0:30:360:30:39

It told us the buyers who commissioned and developed

0:30:390:30:42

its T-shirts were not familiar with Claire's company

0:30:420:30:45

or designs and at no time copied or took inspiration from them.

0:30:450:30:51

Primark added that, like all high street fashion retailers,

0:30:510:30:55

it follows emerging trends, which Claire's designs also reflect.

0:30:550:30:59

While the store would agree there are similarities,

0:30:590:31:02

it says these arise from fashion trends, not Claire's designs.

0:31:020:31:06

So if all retailers and their designers are chasing

0:31:090:31:12

the same trends and fads every season, perhaps it's no

0:31:120:31:15

surprise that sometimes the end results can have a lot in common.

0:31:150:31:19

But there are things that small businesses like Claire's can do

0:31:190:31:23

to protect their ideas.

0:31:230:31:24

Document everything.

0:31:260:31:27

If you come up with something that you've...

0:31:270:31:29

say a visual design like this, take date stamp photos,

0:31:290:31:32

keep records of absolutely everything to prove when you came up with it,

0:31:320:31:36

that it was you that came up with it.

0:31:360:31:37

Claire still believes that Primark's designers were at least

0:31:370:31:40

inspired by her ideas,

0:31:400:31:42

but it seems she may just have to draw a line under it

0:31:420:31:45

and move onto her next creation.

0:31:450:31:47

I'm going to continue making really fun, quirky,

0:31:470:31:51

happy designs that make people laugh, that make people smile.

0:31:510:31:54

And as long as I love drawing silly doodles, that's what I'll be doing.

0:31:540:31:58

Now there are some occasions in life where we have no choice

0:32:040:32:08

but to turn to a professional for help.

0:32:080:32:10

But if you weren't happy with the job they did,

0:32:100:32:13

would you know where to turn?

0:32:130:32:15

And if you took professional advice on what to do next and it turned

0:32:150:32:18

out to be wrong, should it be you that ends up paying the price?

0:32:180:32:22

No-one wants extra stress when dealing with the death of a parent,

0:32:230:32:27

but Paul Cowdrey has found himself with plenty of that

0:32:270:32:30

since his father Bill died in 2008.

0:32:300:32:33

Ready? Yeah!

0:32:340:32:37

Paul's father had appointed his own solicitor to be

0:32:370:32:40

the executor of the will.

0:32:400:32:42

-Hi, Julia.

-Hello, Paul.

0:32:430:32:46

But Paul became unhappy with aspects of how the solicitor was

0:32:460:32:49

dealing with his father's estate and the time and money

0:32:490:32:52

he felt it was taking,

0:32:520:32:54

so he made a complaint to the solicitor,

0:32:540:32:56

but how that could be dealt with was going to prove much more

0:32:560:32:59

complicated than he had expected.

0:32:590:33:01

The solicitor came back and said that I wasn't the client

0:33:030:33:06

and therefore he wasn't going to deal with the complaint.

0:33:060:33:09

I was the beneficiary under my late father's estate,

0:33:090:33:12

so, technically, I wasn't the client.

0:33:120:33:15

The solicitor himself was actually the client in this respect

0:33:150:33:19

because he was appointed the executor of the estate.

0:33:190:33:23

The solicitor made clear he didn't work for Paul,

0:33:230:33:26

but his late father's estate, and that wasn't just legal semantics.

0:33:260:33:30

It was a distinction that would soon snowball with severe consequences.

0:33:300:33:34

So what did you do then?

0:33:360:33:38

I pursued the matter through the Legal Complaints Service.

0:33:380:33:42

The Legal Complaints Service was at the time the body

0:33:420:33:45

responsible for investigating complaints made against solicitors.

0:33:450:33:49

But before going any further, Paul wanted to know whether the cost of

0:33:490:33:52

pursuing his complaint was something the solicitor could charge him for.

0:33:520:33:56

I checked with the case worker, I asked her point blank

0:33:580:34:02

whether I could be charged, and I was assured that I couldn't.

0:34:020:34:06

Reassured, Paul went ahead, and his complaints were referred

0:34:060:34:09

up to the Solicitor's Regulation Authority.

0:34:090:34:12

They too appeared sympathetic to Paul's case on the basis that

0:34:120:34:16

although Paul wasn't the solicitor's client, in a case like this,

0:34:160:34:19

he should be treated in the same way as if he was.

0:34:190:34:22

But the solicitor didn't agree.

0:34:220:34:24

With his costs for dealing with Paul's complaints mounting, he

0:34:240:34:28

sent a legal letter warning how much he'd expect to be paid for that,

0:34:280:34:32

and it was a lot.

0:34:320:34:33

He sent me a letter of claim for 17,500 covering the SRA

0:34:360:34:41

and the legal complaints investigation.

0:34:410:34:46

It must have been quite a shock when you opened that letter?

0:34:460:34:49

It was a shock and, to be honest, the amount of money,

0:34:490:34:52

it was a horrendous amount of money.

0:34:520:34:55

And what made it worse was the fact that Paul was being asked

0:34:560:34:59

to stump up £17,500 after being assured by legal experts

0:34:590:35:04

that making a complaint shouldn't cost him anything.

0:35:040:35:08

With the solicitor adamant that he was entitled to recover his costs,

0:35:090:35:13

and the very real threat that the way for that to happen was for it

0:35:130:35:16

to come out of the estate,

0:35:160:35:18

potentially affecting all the beneficiaries,

0:35:180:35:21

it seemed the only way forward was for the case to be settled in court.

0:35:210:35:24

And, thanks to the support he'd had from the

0:35:270:35:29

Solicitors Regulation Authority,

0:35:290:35:31

Paul felt confident about his position.

0:35:310:35:33

Well, I had the backing of the SRA.

0:35:340:35:37

The Legal Complaints Service had told me that

0:35:370:35:41

I couldn't be charged and I felt that I was completely in the right.

0:35:410:35:47

You can make a complaint about a doctor

0:35:470:35:49

and you don't get charged, or a dentist,

0:35:490:35:53

but you make it against a solicitor

0:35:530:35:55

and you know, you end up being charged.

0:35:550:35:57

Unable to afford to pay for someone to represent him in court,

0:35:580:36:02

Paul decided to represent himself.

0:36:020:36:04

He was sent a statement of support from the

0:36:040:36:06

Solicitors Regulation Authority, which he was able to use

0:36:060:36:10

while making his case.

0:36:100:36:11

But despite this, the judge found against Paul.

0:36:110:36:14

What the judge said to me is, "I'm not here to determine

0:36:160:36:21

"whether your complaint was justified or not."

0:36:210:36:23

That's the crux of the matter, really.

0:36:230:36:26

The ruling, on a point of law,

0:36:270:36:29

was as Paul had initially been told by his father's solicitor.

0:36:290:36:33

Because he wasn't the client, he could be charged for the time

0:36:330:36:36

the solicitor spent defending the complaints made against him.

0:36:360:36:39

But Paul now also had to pay all the costs

0:36:390:36:42

and charges associated with the case coming to court,

0:36:420:36:45

meaning the total amount he owed was rapidly spiralling out of control.

0:36:450:36:50

So what was it like for you when you heard the judge ruling against you?

0:36:500:36:54

-It was devastating.

-And the consequence is?

0:36:540:36:58

Well, the consequence is that I may end up losing my house here

0:36:580:37:02

because the amount of money that I now owe is something like £86,000.

0:37:020:37:08

Whatever the legal judgment,

0:37:080:37:09

that's a devastating price to pay for pursuing a complaint.

0:37:090:37:13

Paul continued to fight his case, enlisting the help

0:37:130:37:16

of his local MP Simon Danczuk, who tried taking it right to the top.

0:37:160:37:21

My constituent, Paul Cowdrey, is to lose his home after raising

0:37:210:37:26

concerns about overcharging.

0:37:260:37:28

I'm happy to look into this case.

0:37:280:37:30

As the honourable gentlemen will know, the legal regulators are

0:37:300:37:33

independent from Government, so it's not possible to intervene directly.

0:37:330:37:38

But there was nothing that could change Paul's situation or

0:37:380:37:41

overrule the word of law.

0:37:410:37:43

In a further blow to Paul, the Legal Complaints Service, the body

0:37:430:37:46

which advised him on his complaint in the first place,

0:37:460:37:49

has since disbanded.

0:37:490:37:50

But Paul feels someone should still be responsible for decisions

0:37:500:37:54

they made in the past.

0:37:540:37:56

I sought advice from the Legal Complaints Service

0:37:560:37:59

and said, "Could I be charged if I made a complaint?"

0:37:590:38:04

And they assured me I couldn't.

0:38:040:38:06

I got bad advice and I don't think that was reasonable or fair.

0:38:060:38:11

At the time we filmed with him,

0:38:110:38:12

the amount Paul owed the solicitor and had to pay off the rest

0:38:120:38:16

of the associated legal fees

0:38:160:38:18

had ballooned to a total of £129,000.

0:38:180:38:22

We asked the Solicitor's Regulation Authority what

0:38:220:38:25

they now think of Paul's case, and they told us that while they

0:38:250:38:29

sympathise with Paul, and normally would not expect solicitors

0:38:290:38:33

to charge for dealing with complaints, in this case, the costs

0:38:330:38:37

incurred from dealing with Paul's complaints went beyond the usual.

0:38:370:38:42

They said that Paul ably argued his case,

0:38:420:38:45

and that the issues were properly debated,

0:38:450:38:47

but once the court had ruled on the question of charging, it would

0:38:470:38:51

be inappropriate for the SRA to seek to deal with the issue.

0:38:510:38:56

We also contacted the solicitor Paul had

0:38:580:39:01

complained about in the first place.

0:39:010:39:03

His representatives stressed that his work as executor had

0:39:030:39:07

benefitted the estate as a whole,

0:39:070:39:09

and that Paul's complaint against him was not supported

0:39:090:39:12

by his siblings, the only other beneficiaries of the estate.

0:39:120:39:16

They went on to say that the matter has been subject to careful

0:39:160:39:19

and detailed scrutiny in court on five separate occasions

0:39:190:39:24

and each time the decision has been against Paul.

0:39:240:39:27

And they recommended that anyone considering making a complaint

0:39:270:39:31

of this kind exercise considerable care when doing so as in their

0:39:310:39:36

view, if Paul had taken independent legal advice at various stages,

0:39:360:39:40

he'd almost certainly not find himself in his present predicament.

0:39:400:39:45

But at least the situation shouldn't now get any worse.

0:39:470:39:51

To stop the amount owed spiralling further, in July, 2014, Paul

0:39:510:39:56

and his wife pulled together as many assets as they could to make

0:39:560:39:59

a settlement with the solicitor that resolves the debt

0:39:590:40:03

and allows them to keep their home.

0:40:030:40:05

But Paul still feels that he was given the wrong advice

0:40:050:40:08

by the Legal Complaints Service at the very start

0:40:080:40:11

and he doesn't see why he should be paying the price for that.

0:40:110:40:15

I'm not prepared to back down any further and, you know, if I have to

0:40:150:40:20

take it to the European courts, I'm perfectly prepared to do that.

0:40:200:40:25

Very determined.

0:40:250:40:27

Here at Rip Off Britain, we're always ready to investigate

0:40:340:40:37

more of your stories on any subject. Are you confused over your bills?

0:40:370:40:41

Or just trying to wade through never-ending small print?

0:40:410:40:45

It's very frustrating because it makes what should be a simple job

0:40:450:40:49

a lot more complicated.

0:40:490:40:50

I think some people just give up, so they don't get the best deal.

0:40:500:40:53

Maybe you're unsure what to do, when you discover

0:40:530:40:56

you've lost out, and that so-called great deal

0:40:560:40:59

has ended up costing you money.

0:40:590:41:01

People are buying into this, I did,

0:41:010:41:04

and are they going to be as awkward with them as they were with me?

0:41:040:41:07

You might have a cautionary tale of your own

0:41:070:41:09

and want to share the mistakes you made with us.

0:41:090:41:12

It upsets me an awful lot, because I'm retired and I...

0:41:120:41:17

begrudge having to pay that kind of money out.

0:41:170:41:21

You can write to us at...

0:41:230:41:25

Or you can send us an email to...

0:41:310:41:34

Remember that the Rip Off team is ready and waiting to investigate

0:41:380:41:42

your stories.

0:41:420:41:43

It's sometimes easy to hear the stories we look into on the programme

0:41:460:41:50

and think, "Oh, I'd never fall for that," or at least think that,

0:41:500:41:54

if you did, you'd know exactly what to do to get your money back.

0:41:540:41:57

But I have to say that today's stories simply do not fall into that category.

0:41:570:42:01

It's hard to see how any of the people we've met could have seen what was coming.

0:42:010:42:05

That's especially the case where people took advice that ultimately let them down.

0:42:050:42:10

Of course, there are always two sides to every story,

0:42:100:42:12

but you can't help sympathising with the predicament of those who tried

0:42:120:42:16

to find out the best thing to do, and yet were steered

0:42:160:42:19

in the wrong direction with very little they can do about it.

0:42:190:42:22

If you're facing a situation like any of the people we featured in today's programme,

0:42:220:42:26

where it's not really clear how things have ended up quite the way they have,

0:42:260:42:31

or you don't know which way to turn next,

0:42:310:42:34

then do please let us know.

0:42:340:42:36

However bad things seem, there may yet be something we can do

0:42:360:42:41

to point you in the direction of, well, if not a solution,

0:42:410:42:44

then at the very least some further help.

0:42:440:42:46

We'll be back soon to do exactly that with more of your stories,

0:42:460:42:50

-so thanks for watching us today. Goodbye.

-Bye-bye.

-Bye.

0:42:500:42:54

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