Browse content similar to Episode 18. Check below for episodes and series from the same categories and more!
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We asked you to tell us what's left you feeling ripped off | 0:00:02 | 0:00:05 | |
and you contacted us in your thousands. | 0:00:05 | 0:00:07 | |
You've told us about the companies you think get it wrong | 0:00:07 | 0:00:09 | |
and the customer service that simply is not up to scratch. | 0:00:09 | 0:00:14 | |
People should expect more when they pay for something. | 0:00:14 | 0:00:16 | |
Everything you buy, I just think we're getting ripped off. | 0:00:16 | 0:00:20 | |
You've asked us to track down the scammers who stole your money | 0:00:20 | 0:00:23 | |
and investigate the extra charges you say are unfair. | 0:00:23 | 0:00:27 | |
We rely on them giving you a fair price for something. | 0:00:27 | 0:00:29 | |
You can't always rely on that. | 0:00:29 | 0:00:31 | |
You don't want more hassle. | 0:00:31 | 0:00:33 | |
You want them to honour their agreement with you. | 0:00:33 | 0:00:36 | |
And, when you've lost out but no-one else is to blame, | 0:00:36 | 0:00:39 | |
you've come to us to stop others falling into the same trap. | 0:00:39 | 0:00:43 | |
That is disgusting! | 0:00:43 | 0:00:44 | |
So, whether it's a blatant rip-off or a genuine mistake... | 0:00:46 | 0:00:49 | |
We're here to find out why you're out of pocket, | 0:00:49 | 0:00:52 | |
and what you can do about it. | 0:00:52 | 0:00:54 | |
Your stories, your money. This is Rip-Off Britain. | 0:00:54 | 0:00:59 | |
Hello, and welcome once again to the Rip-Off Britain office | 0:01:01 | 0:01:04 | |
where you can see, as ever, the team is busy reading | 0:01:04 | 0:01:07 | |
some of the thousands of letters and e-mails you very kindly send us, | 0:01:07 | 0:01:10 | |
and, by the way, we're very grateful for every single one | 0:01:10 | 0:01:13 | |
and we read every single one. | 0:01:13 | 0:01:15 | |
But while many of those letters are about subjects we've heard about, | 0:01:15 | 0:01:18 | |
or even investigated in the past, some stand out | 0:01:18 | 0:01:21 | |
as they're unlike any experience we've ever heard of before. | 0:01:21 | 0:01:24 | |
It's some of those unique and, in some cases, quite extraordinary | 0:01:24 | 0:01:27 | |
stories that we'll try to get to the bottom of today. | 0:01:27 | 0:01:30 | |
And while each one of them truly is a one-off, | 0:01:30 | 0:01:33 | |
there IS something that each of them has in common. | 0:01:33 | 0:01:36 | |
They're all situations that aren't clear-cut, | 0:01:36 | 0:01:39 | |
where it's not easy to pin down who is at fault. | 0:01:39 | 0:01:42 | |
And that may be because there's been some sort of circumstance | 0:01:42 | 0:01:45 | |
or even coincidence that, quite frankly, no-one saw coming. | 0:01:45 | 0:01:49 | |
But equally it could be because according to the rules, | 0:01:49 | 0:01:52 | |
or even, indeed, the letter of the law, | 0:01:52 | 0:01:55 | |
no-one has actually done anything wrong. | 0:01:55 | 0:01:58 | |
Which means that, however desperate the situation, | 0:01:58 | 0:02:00 | |
it's been really difficult to find a way of putting it right. | 0:02:00 | 0:02:03 | |
So we're going to be seeing | 0:02:03 | 0:02:05 | |
whether or not we can help find a way to move things forward. | 0:02:05 | 0:02:08 | |
Coming up, two churches hoping to make pennies from heaven | 0:02:10 | 0:02:13 | |
thanks to solar panels. | 0:02:13 | 0:02:15 | |
So why has one of them had no return on its investment? | 0:02:15 | 0:02:18 | |
If we'd known the problems we were going to have when we started, | 0:02:19 | 0:02:22 | |
we wouldn't have done this. | 0:02:22 | 0:02:24 | |
And how the wrong advice meant making a complaint | 0:02:24 | 0:02:27 | |
cost this man tens of thousands of pounds. | 0:02:27 | 0:02:30 | |
The consequence is that I may end up losing my house here, | 0:02:30 | 0:02:34 | |
given that the amount of money that I now owe is something like 86,000. | 0:02:34 | 0:02:39 | |
Next, how a community building with its roots in the past, | 0:02:43 | 0:02:47 | |
but definitely an eye to the future, has ended up losing out | 0:02:47 | 0:02:49 | |
to the tune of thousands of pounds | 0:02:49 | 0:02:52 | |
thanks to quite an extraordinary disagreement over a question | 0:02:52 | 0:02:55 | |
that, when you hear it, you might think someone really | 0:02:55 | 0:02:57 | |
should have been able to come up with a definitive answer. | 0:02:57 | 0:03:01 | |
People may like to think of Britain as somewhere damp and rainy. | 0:03:03 | 0:03:06 | |
But, as you know, the sun shines rather a lot sometimes | 0:03:06 | 0:03:09 | |
and over half a million households and public buildings in the UK | 0:03:09 | 0:03:13 | |
have now decided to cash in on that sunshine by installing solar panels. | 0:03:13 | 0:03:18 | |
The power they generate is fed into the national grid and, | 0:03:20 | 0:03:23 | |
in turn, homeowners are paid for the electricity their panels produce, | 0:03:23 | 0:03:27 | |
meaning they can be something of a money-spinner. | 0:03:27 | 0:03:30 | |
TILL RINGS | 0:03:31 | 0:03:33 | |
These two churches both have plenty of roof space to put to good use | 0:03:33 | 0:03:37 | |
generating power with solar panels. | 0:03:37 | 0:03:39 | |
And because they're both in Devon, a county that gets | 0:03:39 | 0:03:41 | |
one of the highest numbers of sunshine hours in the country, | 0:03:41 | 0:03:45 | |
they were keen to tap into some of that sunny money action. | 0:03:45 | 0:03:48 | |
For Reverend Paul Booth of Culm Valley Methodist church, | 0:03:48 | 0:03:52 | |
it's been a great experience. | 0:03:52 | 0:03:54 | |
We're generating around £1,600 worth of electricity. | 0:03:54 | 0:03:58 | |
It's a no-brainer, really. | 0:03:58 | 0:03:59 | |
We'll have paid off the cost of putting it in, in a very short time, | 0:03:59 | 0:04:03 | |
and then continue to receive money to help the church. | 0:04:03 | 0:04:07 | |
Culm Valley got their solar panels in 2011 | 0:04:07 | 0:04:10 | |
and have been earning money from them ever since. | 0:04:10 | 0:04:12 | |
Back then, the whole process was pretty straightforward. | 0:04:12 | 0:04:16 | |
CONGREGATION SINGS | 0:04:16 | 0:04:22 | |
But an hour down the road, | 0:04:22 | 0:04:23 | |
Kingsbridge Church has found their experience a lot less simple. | 0:04:23 | 0:04:27 | |
They took out a loan for £25,000 to pay for solar panels | 0:04:27 | 0:04:31 | |
in the summer of 2012, | 0:04:31 | 0:04:33 | |
confident in the belief that the money they generated | 0:04:33 | 0:04:36 | |
would cover the monthly loan repayments | 0:04:36 | 0:04:39 | |
AND leave some cash to put back into the church. | 0:04:39 | 0:04:42 | |
For Church Treasurer, David, it seemed as though these panels | 0:04:42 | 0:04:45 | |
might be the answer to his prayers. | 0:04:45 | 0:04:48 | |
# Praise to the Lord... # | 0:04:48 | 0:04:50 | |
The day came, the firm installed them, | 0:04:50 | 0:04:53 | |
a meter was placed in the church | 0:04:53 | 0:04:56 | |
so we could record how many units of electricity we were generating. | 0:04:56 | 0:05:02 | |
At first, there was a little bit of excitement | 0:05:02 | 0:05:05 | |
to see how much was being generated. | 0:05:05 | 0:05:07 | |
But the excitement was premature. | 0:05:07 | 0:05:10 | |
Before they could start earning anything back | 0:05:10 | 0:05:12 | |
from their energy supplier EDF, | 0:05:12 | 0:05:14 | |
they had to have a formal application approved. | 0:05:14 | 0:05:17 | |
But that approval seemed to be taking a very long time to arrive. | 0:05:17 | 0:05:21 | |
We heard nothing for four months, and then when we contacted | 0:05:21 | 0:05:26 | |
EDF Energy, they told us there was a problem, | 0:05:26 | 0:05:29 | |
that we would not get the money we expected | 0:05:29 | 0:05:33 | |
because we needed an Energy Performance Certificate. | 0:05:33 | 0:05:37 | |
An Energy Performance Certificate, or EPC, | 0:05:38 | 0:05:41 | |
rates the energy efficiency of a building. | 0:05:41 | 0:05:44 | |
But before the panels were installed here an independent inspector | 0:05:44 | 0:05:47 | |
had told David that churches don't need to have one. | 0:05:47 | 0:05:51 | |
When we went back to EDF Energy | 0:05:51 | 0:05:54 | |
and OFGEM to say that we were told we didn't need a certificate | 0:05:54 | 0:05:59 | |
and churches were exempt, | 0:05:59 | 0:06:01 | |
they said they had classified us as a day centre | 0:06:01 | 0:06:05 | |
and said we needed an Energy Performance Certificate. | 0:06:05 | 0:06:08 | |
That seemed quite ridiculous | 0:06:08 | 0:06:12 | |
and we pointed out we were a place of worship and proud of it | 0:06:12 | 0:06:16 | |
and no way were we a day centre, | 0:06:16 | 0:06:18 | |
but they wouldn't shift their position. | 0:06:18 | 0:06:20 | |
For the four months it had taken | 0:06:20 | 0:06:22 | |
to find out that they needed an energy certificate, | 0:06:22 | 0:06:25 | |
the solar panels WERE generating power and feeding it | 0:06:25 | 0:06:28 | |
back into the National Grid, | 0:06:28 | 0:06:30 | |
but the church wasn't seeing a penny for it. | 0:06:30 | 0:06:33 | |
David decided to go back to the original assessor | 0:06:33 | 0:06:36 | |
to see if he could help. | 0:06:36 | 0:06:38 | |
When I went back to the independent assessor to tell him that, | 0:06:38 | 0:06:41 | |
after four months, they were telling us we needed an EPC, | 0:06:41 | 0:06:46 | |
he was quite angry. | 0:06:46 | 0:06:49 | |
He felt that they were questioning his professional ability. | 0:06:49 | 0:06:54 | |
The assessor checked his facts, | 0:06:54 | 0:06:55 | |
but was adamant his original decision was correct. | 0:06:55 | 0:06:59 | |
He then said he would issue a certificate at that stage, | 0:06:59 | 0:07:02 | |
with a caveat to say he still felt we didn't need one, | 0:07:02 | 0:07:05 | |
just to get us over the question of the finance. | 0:07:05 | 0:07:08 | |
The certificate being issued DID mean that the application | 0:07:08 | 0:07:11 | |
would finally be processed by EDF, | 0:07:11 | 0:07:14 | |
but the church's battle was far from over. | 0:07:14 | 0:07:17 | |
EDF Energy refused to accept that as being submitted on the day | 0:07:17 | 0:07:21 | |
the application went in. | 0:07:21 | 0:07:23 | |
They were saying it was four months late, | 0:07:23 | 0:07:25 | |
although that four months was due to their inefficiency | 0:07:25 | 0:07:28 | |
and nothing to do with ourselves. | 0:07:28 | 0:07:30 | |
The church had been expecting the highest of three standard rates | 0:07:30 | 0:07:33 | |
set by the Government called Feed In Tariffs. | 0:07:33 | 0:07:36 | |
That would have seen the power generated by the panels | 0:07:36 | 0:07:39 | |
bought by EDF for 16.8 pence per kilowatt hour. | 0:07:39 | 0:07:44 | |
But that rate is only paid for applications sent | 0:07:44 | 0:07:46 | |
with one of those Energy Performance Certificates. | 0:07:46 | 0:07:50 | |
Those made without an EPC, as Kingsbridge's was, | 0:07:50 | 0:07:53 | |
are paid a much lower rate, 9p per kilowatt hour. | 0:07:53 | 0:07:56 | |
And the fact the church did now have an EPC | 0:07:57 | 0:08:00 | |
made no difference whatsoever | 0:08:00 | 0:08:02 | |
because once an application is submitted it cannot be changed. | 0:08:02 | 0:08:06 | |
As a result, the money the church would earn would be much less | 0:08:06 | 0:08:10 | |
than they'd banked on and might not even pay off the £25,000 | 0:08:10 | 0:08:13 | |
they'd borrowed to install the panels in the first place. | 0:08:13 | 0:08:16 | |
We weren't able to accept that. | 0:08:18 | 0:08:20 | |
They've offered a couple of even lower tariffs | 0:08:20 | 0:08:23 | |
if we didn't sign up in full and final settlement immediately, | 0:08:23 | 0:08:27 | |
which, of course, we haven't been able to do. | 0:08:27 | 0:08:30 | |
So now, it's stalemate! | 0:08:30 | 0:08:32 | |
The contract for the Feed In Tariff remains unsigned, | 0:08:32 | 0:08:35 | |
and all the time the church's solar panels are generating energy | 0:08:35 | 0:08:39 | |
that they're not being paid for. | 0:08:39 | 0:08:41 | |
I don't know quite how we're going to resolve it. | 0:08:41 | 0:08:43 | |
I've done my best to negotiate a solution, | 0:08:43 | 0:08:47 | |
only to find that the next e-mail or the next telephone call | 0:08:47 | 0:08:51 | |
shatters that opportunity. | 0:08:51 | 0:08:53 | |
But remember the Culm Valley Methodist church | 0:08:53 | 0:08:56 | |
on the other side of the county? | 0:08:56 | 0:08:57 | |
Well, THEY didn't need an energy certificate | 0:08:57 | 0:09:00 | |
when they had their panels installed back in 2011. | 0:09:00 | 0:09:04 | |
But while that sounds like they've been treated differently, | 0:09:04 | 0:09:07 | |
in fact they had applied before a change in the rules, | 0:09:07 | 0:09:10 | |
which is why they continue benefitting from those higher rates. | 0:09:10 | 0:09:14 | |
Luckily, we didn't need an Energy Performance Certificate | 0:09:14 | 0:09:17 | |
because that regulation only came in on the 1st April, 2012. | 0:09:17 | 0:09:23 | |
So, our paperwork and progress to getting the solar panels in place | 0:09:23 | 0:09:27 | |
was a lot easier than for many other places. | 0:09:27 | 0:09:30 | |
Meanwhile, the team at Kingsbridge Methodist Church are still | 0:09:32 | 0:09:36 | |
paying off the loan they took out to have the panels installed, | 0:09:36 | 0:09:39 | |
but not making a single penny from them. | 0:09:39 | 0:09:42 | |
When we spoke to EDF, the company told us... | 0:09:42 | 0:09:45 | |
It's sorry for the "distress or inconvenience" that the problem | 0:09:47 | 0:09:50 | |
has caused, but that under Feed in Tariff legislation, | 0:09:50 | 0:09:53 | |
if a building doesn't have an Energy Performance Certificate rating of | 0:09:53 | 0:09:57 | |
level D or above by the time solar panels are installed, customers | 0:09:57 | 0:10:02 | |
"will receive a lower rate for the electricity they generate." | 0:10:02 | 0:10:05 | |
EDF reiterated that the church was informed incorrectly, | 0:10:07 | 0:10:10 | |
that a certificate wasn't needed and it's not possible to | 0:10:10 | 0:10:14 | |
increase the rate now that one has been provided because | 0:10:14 | 0:10:17 | |
there is no discretion under the legislation to amend the tariff. | 0:10:17 | 0:10:21 | |
The company added that if and when the church signs the agreement, | 0:10:21 | 0:10:25 | |
it'll backdate payments to cover power generated right back to | 0:10:25 | 0:10:29 | |
when the panels were installed, albeit at the lower rate of 9p. | 0:10:29 | 0:10:33 | |
Both EDF and the regulator Ofgem are adamant that the church | 0:10:36 | 0:10:39 | |
always required the vital energy certificate that caused all | 0:10:39 | 0:10:43 | |
this bother in the first place, so we also spoke to the independent | 0:10:43 | 0:10:46 | |
energy assessor, who'd said one wasn't required. | 0:10:46 | 0:10:50 | |
He maintained that he had acted in accordance with both industry | 0:10:52 | 0:10:55 | |
guidelines and advice from his own certificating body, | 0:10:55 | 0:10:59 | |
which state that churches should not be issued with an EPC. | 0:10:59 | 0:11:02 | |
But as far as David's concerned, it doesn't feel right that the | 0:11:05 | 0:11:09 | |
church has lost out because of confusion over this one point. | 0:11:09 | 0:11:12 | |
The situation that we find ourselves in has been really quite | 0:11:14 | 0:11:19 | |
strange because we were wanting to support environmental projects, | 0:11:19 | 0:11:23 | |
yet if we'd known the problems we were going to have when we started, | 0:11:23 | 0:11:27 | |
we wouldn't have done this. | 0:11:27 | 0:11:29 | |
Not all the situations you write to us about can be resolved easily, | 0:11:34 | 0:11:38 | |
because although it might seem pretty obvious that something | 0:11:38 | 0:11:42 | |
has happened, it's not at all clear how it's happened or, | 0:11:42 | 0:11:47 | |
more importantly, who's in a position to put things right. | 0:11:47 | 0:11:51 | |
And that's very much the case in our next story, | 0:11:51 | 0:11:53 | |
which has rumbled on now for several years. | 0:11:53 | 0:11:56 | |
The couple who're at the heart of it all | 0:11:56 | 0:11:58 | |
absolutely dread even the slightest threat of rain | 0:11:58 | 0:12:02 | |
because they say that puts their home at serious risk. | 0:12:02 | 0:12:07 | |
It rains one day out of every three in the UK | 0:12:10 | 0:12:13 | |
and most rainwater goes into drains, or seeps into the ground | 0:12:13 | 0:12:16 | |
without causing a problem. | 0:12:16 | 0:12:18 | |
But when heavy rain falls around Alan Scott's home in Bedford, | 0:12:18 | 0:12:22 | |
the water doesn't seep away. | 0:12:22 | 0:12:25 | |
It's all flooded down here. | 0:12:25 | 0:12:28 | |
When we called round at Alan's house, it had been quite dry. | 0:12:28 | 0:12:32 | |
But even so, there were still signs of the problem. | 0:12:32 | 0:12:35 | |
This is where most of the damage happens because the | 0:12:35 | 0:12:38 | |
water flows down from the back of the garden, | 0:12:38 | 0:12:41 | |
all the way down here. | 0:12:41 | 0:12:42 | |
The garden is completely ruined. | 0:12:43 | 0:12:46 | |
But the garden isn't the worst of it | 0:12:46 | 0:12:48 | |
because the water doesn't just collect outside Alan's home. | 0:12:48 | 0:12:52 | |
We found the water seeping up through the parquet | 0:12:52 | 0:12:56 | |
flooring down here, so I had to remove the floorboards | 0:12:56 | 0:13:00 | |
and cut the carpet away and then the mould and the damp was | 0:13:00 | 0:13:05 | |
rising in this area down here and it absolutely stinks in this cupboard. | 0:13:05 | 0:13:10 | |
As Alan's home video shows, heavy rainstorms have been leaving | 0:13:10 | 0:13:14 | |
his home and garden much wetter than you'd expect | 0:13:14 | 0:13:17 | |
for the past eight years. | 0:13:17 | 0:13:18 | |
The garden and the ground beneath the house can be | 0:13:18 | 0:13:21 | |
sodden for weeks after a storm, and when things are really bad, | 0:13:21 | 0:13:25 | |
pools of water can be found under the floorboards. | 0:13:25 | 0:13:28 | |
Two and a half, three inches deep now it's getting. | 0:13:28 | 0:13:32 | |
Alan and Pat are adamant none of this happened | 0:13:32 | 0:13:35 | |
in the first seven years of living here. | 0:13:35 | 0:13:37 | |
It's built on the ground near our property. | 0:13:37 | 0:13:40 | |
They say all this only started after a large area | 0:13:42 | 0:13:45 | |
of land near their house was chosen to become a new community forest. | 0:13:45 | 0:13:49 | |
And the access to that forest was to run along the side | 0:13:49 | 0:13:52 | |
of their house, by upgrading an old dirt track. | 0:13:52 | 0:13:56 | |
Work began in January, 2006, | 0:13:56 | 0:13:59 | |
and the charity behind the project, the Marston Vale Trust, | 0:13:59 | 0:14:02 | |
installed drains alongside the track to take away excess rainwater. | 0:14:02 | 0:14:07 | |
But a few months after the work was finished, Alan made the discovery | 0:14:07 | 0:14:11 | |
that has had huge repercussions for the couple ever since. | 0:14:11 | 0:14:15 | |
I came downstairs and I saw the garden was flooded. | 0:14:15 | 0:14:22 | |
Shortly afterwards, the water began coming up | 0:14:22 | 0:14:25 | |
through the flooring in the hallway. | 0:14:25 | 0:14:27 | |
Lifting the floorboards to investigate, | 0:14:27 | 0:14:29 | |
they found the timbers were soaking wet. | 0:14:29 | 0:14:31 | |
Well, we felt really frightened when it first happened. | 0:14:31 | 0:14:35 | |
I mean, if you have water in a large void under your house, | 0:14:35 | 0:14:39 | |
where's it going to go to? | 0:14:39 | 0:14:41 | |
The only reason they could come up with was | 0:14:42 | 0:14:45 | |
the new access track through the field next to their house. | 0:14:45 | 0:14:49 | |
They wondered if perhaps the rain water that used to seep | 0:14:49 | 0:14:51 | |
through the old dirt track was now running into their land instead. | 0:14:51 | 0:14:55 | |
Worried, they went to see the farmer who owned the field. | 0:14:55 | 0:14:59 | |
He said that the fields always had drainage problems, | 0:14:59 | 0:15:05 | |
but we have got photographs showing what it was like prior to the track. | 0:15:05 | 0:15:10 | |
Yes, there was water that used to lay on the surface, | 0:15:10 | 0:15:14 | |
but it never used to come into the garden, | 0:15:14 | 0:15:17 | |
so there was something different happening | 0:15:17 | 0:15:20 | |
since the track was put down. | 0:15:20 | 0:15:22 | |
The landowner said that it was nothing to do with him, | 0:15:22 | 0:15:25 | |
it wasn't his responsibility, | 0:15:25 | 0:15:27 | |
and for us to speak to The Forest of Marston Vale. | 0:15:27 | 0:15:30 | |
So, Alan did just that. | 0:15:32 | 0:15:34 | |
As a gesture of goodwill, the charity upgraded its drainage system | 0:15:34 | 0:15:38 | |
and at the same time also dug a trench alongside the back and side | 0:15:38 | 0:15:42 | |
of Alan's property... | 0:15:42 | 0:15:44 | |
but it didn't stop the water coming in. | 0:15:44 | 0:15:46 | |
And the Trust told Alan that there was no evidence the track | 0:15:46 | 0:15:50 | |
definitely was the cause of their flooding. | 0:15:50 | 0:15:53 | |
Over the following months and years, | 0:15:53 | 0:15:55 | |
Alan and Pat have tried to get that proof, | 0:15:55 | 0:15:58 | |
but further surveys haven't been able to establish any | 0:15:58 | 0:16:01 | |
definite connection between the track and the flooding. | 0:16:01 | 0:16:03 | |
We were absolutely devastated because we were worried | 0:16:03 | 0:16:09 | |
about the ongoing damage to the house | 0:16:09 | 0:16:12 | |
and what we were going to do. | 0:16:12 | 0:16:15 | |
We wouldn't be able to sell the house. | 0:16:15 | 0:16:18 | |
So, to see if we can shed any light on what's going on, | 0:16:18 | 0:16:21 | |
we asked independent chartered surveyor Roger Southam | 0:16:21 | 0:16:25 | |
to inspect the damage. | 0:16:25 | 0:16:26 | |
-Morning. -Good morning. How are you? -Very well. | 0:16:26 | 0:16:30 | |
Roger's been in the business for more than 30 years | 0:16:30 | 0:16:33 | |
and over that time, his expertise has been called on by everyone | 0:16:33 | 0:16:36 | |
from the Royal Institute of Chartered Surveyors, | 0:16:36 | 0:16:39 | |
to the City of London and the Bank of England. | 0:16:39 | 0:16:42 | |
The first thing that was evident when I opened the door was | 0:16:42 | 0:16:44 | |
the smell of damp that just hit you straight in the nostrils. | 0:16:44 | 0:16:47 | |
Having now put the damp meter into the timbers, there is clearly | 0:16:47 | 0:16:50 | |
a major problem going on in this house. | 0:16:50 | 0:16:52 | |
Those timbers to be as damp as they are for a period | 0:16:52 | 0:16:54 | |
that hasn't been that wet and, certainly since February, | 0:16:54 | 0:16:57 | |
we haven't seen a huge amount of rain in this area. | 0:16:57 | 0:17:00 | |
There are other tell tale signs of damp that Roger doesn't need | 0:17:00 | 0:17:03 | |
special equipment to examine. | 0:17:03 | 0:17:06 | |
It looks like it's all the same cause, because it's coming | 0:17:06 | 0:17:09 | |
in on this side of the property, it looks like it's emanating from | 0:17:09 | 0:17:13 | |
outside in the amount of water that's making its way into the house, | 0:17:13 | 0:17:17 | |
causing the issue with the timbers, causing the mould on the wallpaper. | 0:17:17 | 0:17:20 | |
Clearly a major problem and we've got to find a solution for it. | 0:17:20 | 0:17:24 | |
Outside, he tries to look for a probable cause. | 0:17:24 | 0:17:28 | |
Standing in the garden, I notice two things. | 0:17:28 | 0:17:30 | |
Firstly, there's a drainage channel | 0:17:30 | 0:17:31 | |
on the outside of the fence that's going to be having no effect | 0:17:31 | 0:17:35 | |
or impact in terms of removing the water. | 0:17:35 | 0:17:37 | |
The second thing I see is there's one heck of a slope on this | 0:17:37 | 0:17:40 | |
garden from the front to the back and on the adjoining land. | 0:17:40 | 0:17:44 | |
Just like the rainwater, the ball's running straight | 0:17:44 | 0:17:47 | |
down towards the house. | 0:17:47 | 0:17:48 | |
After three hours surveying the damage, | 0:17:48 | 0:17:51 | |
Roger is confident about what he thinks is responsible. | 0:17:51 | 0:17:55 | |
He believes that the drain that's added behind the house, | 0:17:55 | 0:17:58 | |
isn't draining water, it's collecting it. | 0:17:58 | 0:18:01 | |
And when it's full, it overflows into Alan and Pat's garden | 0:18:01 | 0:18:05 | |
and from there, into the house, | 0:18:05 | 0:18:07 | |
presenting a real risk to their home. | 0:18:07 | 0:18:10 | |
Well, the most extreme situation with the property, | 0:18:10 | 0:18:13 | |
Alan's going to be facing wet rot, leading to dry rot, | 0:18:13 | 0:18:15 | |
leading to structural integrity problems with the property. | 0:18:15 | 0:18:20 | |
If Alan left the house and did absolutely nothing, | 0:18:20 | 0:18:22 | |
then ultimately, of course, the house could well fall down. | 0:18:22 | 0:18:26 | |
If I were to be put on the spot in terms of responsibility, | 0:18:26 | 0:18:29 | |
it certainly seems to be underpinned | 0:18:29 | 0:18:31 | |
by that roadway that's been installed. | 0:18:31 | 0:18:33 | |
The heavy-duty nature of the road way, and the foundations | 0:18:33 | 0:18:36 | |
that must be sitting beneath it, seem to be acting as a dam. | 0:18:36 | 0:18:40 | |
Even if the flooding is stopped, Roger estimates that Alan | 0:18:40 | 0:18:43 | |
and Pat would need to spend tens of thousands of pounds | 0:18:43 | 0:18:47 | |
on repairing the damage. | 0:18:47 | 0:18:48 | |
Looking at Alan's house, certainly it can be fixed | 0:18:48 | 0:18:52 | |
and it can be solved, but it's wanting to make sure | 0:18:52 | 0:18:54 | |
that you're dealing with the outside parts first | 0:18:54 | 0:18:57 | |
because otherwise it's like putting a sticking plaster on a broken leg. | 0:18:57 | 0:19:01 | |
When we spoke to the Marston Vale Trust about all this, | 0:19:01 | 0:19:05 | |
it told us that though sympathetic to Alan and Pat's problem, | 0:19:05 | 0:19:09 | |
and keen to help resolve it, it doesn't agree that | 0:19:09 | 0:19:13 | |
the construction of the track is connected to the flooding. | 0:19:13 | 0:19:16 | |
The Trust said it has gone out of its way to help, | 0:19:16 | 0:19:19 | |
for example, by installing new drainage channels not because | 0:19:19 | 0:19:23 | |
of any responsibility to do so, | 0:19:23 | 0:19:25 | |
but to help a neighbouring landowner. | 0:19:25 | 0:19:28 | |
And it reiterated that if Alan could prove that construction of the track | 0:19:28 | 0:19:31 | |
caused the flooding, then either their insurance, or the landowner's | 0:19:31 | 0:19:35 | |
will deal with the matter. | 0:19:35 | 0:19:36 | |
The representative of the landowner agreed with that, | 0:19:36 | 0:19:40 | |
making it clear that Alan needs to prove, in engineering terms, | 0:19:40 | 0:19:43 | |
how the track could possibly have caused the flooding. | 0:19:43 | 0:19:47 | |
They point out that various reports have found no evidence | 0:19:47 | 0:19:50 | |
of this and that the opinions of the expert we sent aren't | 0:19:50 | 0:19:54 | |
the way to deal properly with such a technical matter. | 0:19:54 | 0:19:58 | |
They added they have been happy to assist Alan and have | 0:19:58 | 0:20:01 | |
remained open minded and ready to consider any case put to them, | 0:20:01 | 0:20:05 | |
but they maintain no such case has been put forward. | 0:20:05 | 0:20:09 | |
But Alan and Pat simply can't afford the kind of detailed | 0:20:10 | 0:20:13 | |
engineering report they hope could settle this once and for all. | 0:20:13 | 0:20:17 | |
-It just gets you down, doesn't it? -It gets you down, | 0:20:18 | 0:20:21 | |
but you keep your spirits up. That's all you can do, isn't it? | 0:20:21 | 0:20:24 | |
We've got to live here, we can't move. | 0:20:24 | 0:20:27 | |
With all conscience, you couldn't sell it and pretend | 0:20:27 | 0:20:30 | |
there's nothing wrong with it because | 0:20:30 | 0:20:32 | |
it's obvious with the damp creeping up the walls. | 0:20:32 | 0:20:35 | |
Still to come on Rip Off Britain, why this designer thinks | 0:20:43 | 0:20:47 | |
the similarities between her T-shirts | 0:20:47 | 0:20:49 | |
and those from a big name store aren't just a coincidence. | 0:20:49 | 0:20:54 | |
I was really disappointed to find out that something similar | 0:20:54 | 0:20:57 | |
to our own original design was available in the high street. | 0:20:57 | 0:21:01 | |
We're so delighted that so many people have | 0:21:07 | 0:21:09 | |
decided to join us at our pop up shop here in the West Midlands. | 0:21:09 | 0:21:12 | |
What I like more than anything else is actually meeting everybody | 0:21:12 | 0:21:16 | |
face to face and hearing about their consumer issues. | 0:21:16 | 0:21:21 | |
I agreed to do that, so I ended up paying a total of £299. | 0:21:21 | 0:21:28 | |
And do you know what I like even better? | 0:21:28 | 0:21:30 | |
The fact that our team of experts solve them. | 0:21:30 | 0:21:32 | |
Bernie Eddisford called in for legal advice from Gary Rycroft | 0:21:32 | 0:21:36 | |
after realising she could no longer contact the solicitors | 0:21:36 | 0:21:40 | |
who held her will and the deeds to her house. | 0:21:40 | 0:21:43 | |
I had to change my executors and when I went to do that, | 0:21:43 | 0:21:50 | |
I discovered that the company had gone into liquidation and I couldn't | 0:21:50 | 0:21:54 | |
trace my will or my deeds. | 0:21:54 | 0:21:58 | |
-How long ago did this happen? -About two years ago. | 0:21:58 | 0:22:01 | |
And you've been trying to track down where your will is | 0:22:01 | 0:22:04 | |
and where the deeds are? And you've got nowhere? | 0:22:04 | 0:22:07 | |
Nowhere, absolutely nothing. | 0:22:07 | 0:22:09 | |
I do believe, from reading your notes, | 0:22:09 | 0:22:13 | |
that you have a receipt from the solicitors concerned, | 0:22:13 | 0:22:16 | |
so you have evidence that your deeds and your will were lodged | 0:22:16 | 0:22:19 | |
with that particular firm of solicitors. | 0:22:19 | 0:22:22 | |
That is a very good starting point and a good lesson | 0:22:22 | 0:22:25 | |
for everyone is if you get a receipt from a solicitor | 0:22:25 | 0:22:28 | |
or indeed anyone else, keep it safe. | 0:22:28 | 0:22:30 | |
Now, the good thing about using a solicitor | 0:22:30 | 0:22:32 | |
is that they do have succession. | 0:22:32 | 0:22:34 | |
There should be a firm that's taken over responsibility | 0:22:34 | 0:22:37 | |
for that firm's business. | 0:22:37 | 0:22:39 | |
But when Bernie found out who that succession firm was | 0:22:39 | 0:22:43 | |
and contacted them, they claimed they couldn't find | 0:22:43 | 0:22:46 | |
any trace of her will or her deeds. | 0:22:46 | 0:22:48 | |
-I think, Angela, that this is a case of Bernie being fobbed off. -Exactly. | 0:22:48 | 0:22:51 | |
The solicitors who took over the previous firm, on the face of it, | 0:22:51 | 0:22:55 | |
have responsibility. | 0:22:55 | 0:22:57 | |
You need to be booking an appointment with a senior partner, | 0:22:57 | 0:23:01 | |
saying, "I want answers here." | 0:23:01 | 0:23:03 | |
Now, he may get himself off the hook | 0:23:03 | 0:23:05 | |
by saying, "We didn't take over responsibility | 0:23:05 | 0:23:08 | |
"for the wills and deeds from the previous firm," | 0:23:08 | 0:23:11 | |
but he's got to prove that to you. | 0:23:11 | 0:23:13 | |
If your house is registered with the land registry, | 0:23:13 | 0:23:16 | |
then the loss of the deeds isn't a massive problem | 0:23:16 | 0:23:19 | |
because the land registry will be able to send you a copy. | 0:23:19 | 0:23:23 | |
It's actually only £3 for a copy of the land register | 0:23:23 | 0:23:26 | |
and £3 for a copy of the land registry plan. | 0:23:26 | 0:23:29 | |
It's not a great expense. | 0:23:29 | 0:23:30 | |
If yours is one of the properties in England and Wales that's not | 0:23:30 | 0:23:34 | |
registered, and there are still many thousands that aren't, | 0:23:34 | 0:23:38 | |
then your deeds will have to be reconstructed. | 0:23:38 | 0:23:40 | |
The cost of reconstructing those deeds should lie with the people | 0:23:40 | 0:23:44 | |
who are responsible for looking after your will and deeds. | 0:23:44 | 0:23:47 | |
That firm may have ceased to trade, but another firm, | 0:23:47 | 0:23:50 | |
on the face of it, has taken over. | 0:23:50 | 0:23:52 | |
Just make sure that they recognise | 0:23:52 | 0:23:55 | |
that you're not going to go away, that they do | 0:23:55 | 0:23:57 | |
have responsibilities and they have got to pay up | 0:23:57 | 0:24:01 | |
or produce the will and the deeds, one or the other. | 0:24:01 | 0:24:04 | |
-True? -Absolutely true. | 0:24:04 | 0:24:07 | |
Since filming with us, Gary has traced the firm of solicitors, | 0:24:07 | 0:24:10 | |
who have taken responsibility for Bernie's property deeds, | 0:24:10 | 0:24:14 | |
which is a huge relief for her. | 0:24:14 | 0:24:15 | |
But the hunt for her will goes on. | 0:24:15 | 0:24:17 | |
Outside, in our gripe corner, you couldn't wait to | 0:24:19 | 0:24:22 | |
sound off about some particularly common complaints, quite a few | 0:24:22 | 0:24:25 | |
of which we've been investigating through this series. | 0:24:25 | 0:24:28 | |
What really annoys me is cold calling. | 0:24:28 | 0:24:31 | |
Can't we stop it? | 0:24:31 | 0:24:33 | |
Well, we think England shirts are an absolute rip off. | 0:24:33 | 0:24:35 | |
57 quid?! | 0:24:35 | 0:24:38 | |
I'm only 16, he's 15. How are we going to afford that? | 0:24:38 | 0:24:41 | |
I couldn't believe how much it cost me to phone an 0845 number. | 0:24:41 | 0:24:46 | |
It was £7 for 20 minutes. | 0:24:46 | 0:24:49 | |
I didn't get to speak to anybody and, worst of all, it was the NHS. | 0:24:49 | 0:24:52 | |
And even Julia couldn't resist a gripe. | 0:24:54 | 0:24:57 | |
I hate it when you ring someone up and all you get is | 0:24:57 | 0:25:01 | |
a recorded message or even worse music, music, music, music. | 0:25:01 | 0:25:06 | |
They've ruined Vivaldi's Four Seasons for me | 0:25:06 | 0:25:08 | |
and I'm very, very cross about it! | 0:25:08 | 0:25:10 | |
Now, as you know, hundreds of thousands of small businesses | 0:25:14 | 0:25:17 | |
start up every year, so to really make a go of things, each of them | 0:25:17 | 0:25:20 | |
needs to be able to offer something unique. | 0:25:20 | 0:25:22 | |
But here's someone who thought she'd come up with some | 0:25:22 | 0:25:25 | |
really quirky ideas to set her apart from everybody else, | 0:25:25 | 0:25:28 | |
only to discover that one of the industry's big players | 0:25:28 | 0:25:31 | |
was selling stuff very much along the same lines. | 0:25:31 | 0:25:34 | |
In the end, trying to prove who got there first | 0:25:34 | 0:25:37 | |
is not as simple as you might have thought. | 0:25:37 | 0:25:40 | |
Claire Mullan has long had an eye for a funky design, | 0:25:43 | 0:25:46 | |
so much so, that for the last nine years she's made a living | 0:25:46 | 0:25:50 | |
turning her imaginative ideas into T-shirts. | 0:25:50 | 0:25:52 | |
Tee and toast designs are happy, carefree, | 0:25:54 | 0:25:56 | |
they're a little bit quirky, they're designed to get people to smile. | 0:25:56 | 0:26:01 | |
The business has a loyal fan base, both in Claire's native Belfast | 0:26:01 | 0:26:05 | |
and right across the UK, thanks to her online shop. | 0:26:05 | 0:26:09 | |
The T-shirts sell well, | 0:26:09 | 0:26:10 | |
but not in such numbers that Claire would generally expect to see | 0:26:10 | 0:26:13 | |
someone wearing one of her designs on the street. | 0:26:13 | 0:26:16 | |
So when she saw what looked like just that, she was amazed. | 0:26:16 | 0:26:19 | |
I was working at St George's market in Belfast | 0:26:19 | 0:26:22 | |
and from a distance I was excited to see who I thought was a customer | 0:26:22 | 0:26:27 | |
walking towards me wearing one of my T-shirt designs, the McMullet. | 0:26:27 | 0:26:32 | |
As the T-shirt came closer, | 0:26:32 | 0:26:33 | |
Claire realised that it wasn't one of her T-shirts after all, | 0:26:33 | 0:26:36 | |
but one that looked very similar and it was being sold at Primark. | 0:26:36 | 0:26:40 | |
I was really disappointed to find out that something | 0:26:42 | 0:26:45 | |
similar to our own original design was available in the high street. | 0:26:45 | 0:26:49 | |
It looked like Claire's unique design wasn't so unique after all. | 0:26:49 | 0:26:53 | |
Something that seemed very close to it was being | 0:26:53 | 0:26:56 | |
sold by one of the biggest names on the high street. | 0:26:56 | 0:26:59 | |
This is our McMullet design. It was designed in 2004, | 0:26:59 | 0:27:04 | |
it was one of our original designs and we've seen something very | 0:27:04 | 0:27:08 | |
similar to it that came from Primark in 2012. | 0:27:08 | 0:27:13 | |
The style is a little bit different but you can see from a distance, | 0:27:13 | 0:27:16 | |
they look very similar. | 0:27:16 | 0:27:18 | |
But you know what they say, great minds think alike. | 0:27:18 | 0:27:21 | |
Claire thought it was probably just coincidence, | 0:27:21 | 0:27:24 | |
but then it happened again. | 0:27:24 | 0:27:27 | |
When the second one happened a few months later, | 0:27:27 | 0:27:29 | |
I didn't know what to do. | 0:27:29 | 0:27:31 | |
I was getting phone calls, texts, e-mails, all from family | 0:27:31 | 0:27:35 | |
and friends and loyal fans, so they started flooding in with responses | 0:27:35 | 0:27:40 | |
of, "Have you seen this? This looks like yours." | 0:27:40 | 0:27:44 | |
This time, the similarity between the T-shirts was perhaps even | 0:27:44 | 0:27:47 | |
more of a surprise, with Primark's design having an uncanny resemblance | 0:27:47 | 0:27:51 | |
to one Claire had started selling several years earlier. | 0:27:51 | 0:27:55 | |
So, this is our design on the left. | 0:27:56 | 0:27:58 | |
It's got the unicorn with a speech bubble, the shape of a cloud, | 0:27:58 | 0:28:03 | |
with the words "I'm magic" inside. | 0:28:03 | 0:28:05 | |
Then Primark have a version with a unicorn | 0:28:05 | 0:28:08 | |
in a different kind of illustration style, but then in a very similar | 0:28:08 | 0:28:12 | |
font, they have the words "I'm magic". | 0:28:12 | 0:28:14 | |
Claire could never have imagined that almost five years after | 0:28:14 | 0:28:18 | |
her design, a very similar one would appear | 0:28:18 | 0:28:21 | |
in the stores of a much bigger company. | 0:28:21 | 0:28:23 | |
You feel a bit sick, you start researching, you're mad, | 0:28:23 | 0:28:27 | |
you're angry, you're disappointed, you're disappointed for your fans | 0:28:27 | 0:28:31 | |
and your followers because they're buying something that's not meant | 0:28:31 | 0:28:34 | |
to be found in the high street. | 0:28:34 | 0:28:36 | |
Claire was convinced that one of Primark's designers | 0:28:36 | 0:28:39 | |
must have seen her work. | 0:28:39 | 0:28:40 | |
She tried to take the matter up with Primark directly, | 0:28:40 | 0:28:43 | |
but when she couldn't get through to anyone who could help, Claire asked | 0:28:43 | 0:28:46 | |
a lawyer specialising in copyright issues to look into her case. | 0:28:46 | 0:28:50 | |
But after much thought, Claire decided that she | 0:28:53 | 0:28:55 | |
didn't have the resources to attempt legal action | 0:28:55 | 0:28:58 | |
against one of the biggest forces on the high street. | 0:28:58 | 0:29:01 | |
The energy and the time it would have taken away from running | 0:29:03 | 0:29:06 | |
my business to deal with a high street chain, I just thought my | 0:29:06 | 0:29:11 | |
time was going to be put to better use by focusing on my business. | 0:29:11 | 0:29:16 | |
But just three months later, Claire was astonished when she was told of | 0:29:16 | 0:29:20 | |
another Primark T-shirt that seemed remarkably like one of her designs. | 0:29:20 | 0:29:25 | |
So on the left, we have our moose-tache design, a moose with | 0:29:25 | 0:29:30 | |
a moustache and on the right we have Primark's design. | 0:29:30 | 0:29:34 | |
With Primark, the phrase three times a charm, | 0:29:34 | 0:29:37 | |
it wasn't funny the third time. | 0:29:37 | 0:29:40 | |
We ran both sets of designs past an intellectual property lawyer | 0:29:40 | 0:29:44 | |
to see if he thought this could be just a coincidence. | 0:29:44 | 0:29:47 | |
What we've got here is images that look at least to me | 0:29:47 | 0:29:49 | |
to be extremely similar. Clearly there's a bit of deviation, | 0:29:49 | 0:29:53 | |
but the idea behind it looks, to me, to be very similar. | 0:29:53 | 0:29:56 | |
And then when you see that something even more similar has | 0:29:56 | 0:29:59 | |
happened in respect of the mullet/moustache design, | 0:29:59 | 0:30:02 | |
again, it might be just about different enough in copyright | 0:30:02 | 0:30:05 | |
terms, but it certainly looks like a shared amount of inspiration there. | 0:30:05 | 0:30:11 | |
Proving that there had genuinely been any copyright infringement | 0:30:11 | 0:30:14 | |
can be extremely hard in a court of law. | 0:30:14 | 0:30:17 | |
The courts will always tell you that copyright doesn't protect ideas, | 0:30:17 | 0:30:22 | |
it protects how they are expressed. | 0:30:22 | 0:30:23 | |
It's a very fine line to walk between doing something | 0:30:23 | 0:30:26 | |
that's obviously inspired by something else | 0:30:26 | 0:30:28 | |
and something that is just a direct imitation. | 0:30:28 | 0:30:31 | |
When we contacted Primark, the store said it was saddened | 0:30:32 | 0:30:36 | |
by Claire's allegations, which it says are simply wrong. | 0:30:36 | 0:30:39 | |
It told us the buyers who commissioned and developed | 0:30:39 | 0:30:42 | |
its T-shirts were not familiar with Claire's company | 0:30:42 | 0:30:45 | |
or designs and at no time copied or took inspiration from them. | 0:30:45 | 0:30:51 | |
Primark added that, like all high street fashion retailers, | 0:30:51 | 0:30:55 | |
it follows emerging trends, which Claire's designs also reflect. | 0:30:55 | 0:30:59 | |
While the store would agree there are similarities, | 0:30:59 | 0:31:02 | |
it says these arise from fashion trends, not Claire's designs. | 0:31:02 | 0:31:06 | |
So if all retailers and their designers are chasing | 0:31:09 | 0:31:12 | |
the same trends and fads every season, perhaps it's no | 0:31:12 | 0:31:15 | |
surprise that sometimes the end results can have a lot in common. | 0:31:15 | 0:31:19 | |
But there are things that small businesses like Claire's can do | 0:31:19 | 0:31:23 | |
to protect their ideas. | 0:31:23 | 0:31:24 | |
Document everything. | 0:31:26 | 0:31:27 | |
If you come up with something that you've... | 0:31:27 | 0:31:29 | |
say a visual design like this, take date stamp photos, | 0:31:29 | 0:31:32 | |
keep records of absolutely everything to prove when you came up with it, | 0:31:32 | 0:31:36 | |
that it was you that came up with it. | 0:31:36 | 0:31:37 | |
Claire still believes that Primark's designers were at least | 0:31:37 | 0:31:40 | |
inspired by her ideas, | 0:31:40 | 0:31:42 | |
but it seems she may just have to draw a line under it | 0:31:42 | 0:31:45 | |
and move onto her next creation. | 0:31:45 | 0:31:47 | |
I'm going to continue making really fun, quirky, | 0:31:47 | 0:31:51 | |
happy designs that make people laugh, that make people smile. | 0:31:51 | 0:31:54 | |
And as long as I love drawing silly doodles, that's what I'll be doing. | 0:31:54 | 0:31:58 | |
Now there are some occasions in life where we have no choice | 0:32:04 | 0:32:08 | |
but to turn to a professional for help. | 0:32:08 | 0:32:10 | |
But if you weren't happy with the job they did, | 0:32:10 | 0:32:13 | |
would you know where to turn? | 0:32:13 | 0:32:15 | |
And if you took professional advice on what to do next and it turned | 0:32:15 | 0:32:18 | |
out to be wrong, should it be you that ends up paying the price? | 0:32:18 | 0:32:22 | |
No-one wants extra stress when dealing with the death of a parent, | 0:32:23 | 0:32:27 | |
but Paul Cowdrey has found himself with plenty of that | 0:32:27 | 0:32:30 | |
since his father Bill died in 2008. | 0:32:30 | 0:32:33 | |
Ready? Yeah! | 0:32:34 | 0:32:37 | |
Paul's father had appointed his own solicitor to be | 0:32:37 | 0:32:40 | |
the executor of the will. | 0:32:40 | 0:32:42 | |
-Hi, Julia. -Hello, Paul. | 0:32:43 | 0:32:46 | |
But Paul became unhappy with aspects of how the solicitor was | 0:32:46 | 0:32:49 | |
dealing with his father's estate and the time and money | 0:32:49 | 0:32:52 | |
he felt it was taking, | 0:32:52 | 0:32:54 | |
so he made a complaint to the solicitor, | 0:32:54 | 0:32:56 | |
but how that could be dealt with was going to prove much more | 0:32:56 | 0:32:59 | |
complicated than he had expected. | 0:32:59 | 0:33:01 | |
The solicitor came back and said that I wasn't the client | 0:33:03 | 0:33:06 | |
and therefore he wasn't going to deal with the complaint. | 0:33:06 | 0:33:09 | |
I was the beneficiary under my late father's estate, | 0:33:09 | 0:33:12 | |
so, technically, I wasn't the client. | 0:33:12 | 0:33:15 | |
The solicitor himself was actually the client in this respect | 0:33:15 | 0:33:19 | |
because he was appointed the executor of the estate. | 0:33:19 | 0:33:23 | |
The solicitor made clear he didn't work for Paul, | 0:33:23 | 0:33:26 | |
but his late father's estate, and that wasn't just legal semantics. | 0:33:26 | 0:33:30 | |
It was a distinction that would soon snowball with severe consequences. | 0:33:30 | 0:33:34 | |
So what did you do then? | 0:33:36 | 0:33:38 | |
I pursued the matter through the Legal Complaints Service. | 0:33:38 | 0:33:42 | |
The Legal Complaints Service was at the time the body | 0:33:42 | 0:33:45 | |
responsible for investigating complaints made against solicitors. | 0:33:45 | 0:33:49 | |
But before going any further, Paul wanted to know whether the cost of | 0:33:49 | 0:33:52 | |
pursuing his complaint was something the solicitor could charge him for. | 0:33:52 | 0:33:56 | |
I checked with the case worker, I asked her point blank | 0:33:58 | 0:34:02 | |
whether I could be charged, and I was assured that I couldn't. | 0:34:02 | 0:34:06 | |
Reassured, Paul went ahead, and his complaints were referred | 0:34:06 | 0:34:09 | |
up to the Solicitor's Regulation Authority. | 0:34:09 | 0:34:12 | |
They too appeared sympathetic to Paul's case on the basis that | 0:34:12 | 0:34:16 | |
although Paul wasn't the solicitor's client, in a case like this, | 0:34:16 | 0:34:19 | |
he should be treated in the same way as if he was. | 0:34:19 | 0:34:22 | |
But the solicitor didn't agree. | 0:34:22 | 0:34:24 | |
With his costs for dealing with Paul's complaints mounting, he | 0:34:24 | 0:34:28 | |
sent a legal letter warning how much he'd expect to be paid for that, | 0:34:28 | 0:34:32 | |
and it was a lot. | 0:34:32 | 0:34:33 | |
He sent me a letter of claim for 17,500 covering the SRA | 0:34:36 | 0:34:41 | |
and the legal complaints investigation. | 0:34:41 | 0:34:46 | |
It must have been quite a shock when you opened that letter? | 0:34:46 | 0:34:49 | |
It was a shock and, to be honest, the amount of money, | 0:34:49 | 0:34:52 | |
it was a horrendous amount of money. | 0:34:52 | 0:34:55 | |
And what made it worse was the fact that Paul was being asked | 0:34:56 | 0:34:59 | |
to stump up £17,500 after being assured by legal experts | 0:34:59 | 0:35:04 | |
that making a complaint shouldn't cost him anything. | 0:35:04 | 0:35:08 | |
With the solicitor adamant that he was entitled to recover his costs, | 0:35:09 | 0:35:13 | |
and the very real threat that the way for that to happen was for it | 0:35:13 | 0:35:16 | |
to come out of the estate, | 0:35:16 | 0:35:18 | |
potentially affecting all the beneficiaries, | 0:35:18 | 0:35:21 | |
it seemed the only way forward was for the case to be settled in court. | 0:35:21 | 0:35:24 | |
And, thanks to the support he'd had from the | 0:35:27 | 0:35:29 | |
Solicitors Regulation Authority, | 0:35:29 | 0:35:31 | |
Paul felt confident about his position. | 0:35:31 | 0:35:33 | |
Well, I had the backing of the SRA. | 0:35:34 | 0:35:37 | |
The Legal Complaints Service had told me that | 0:35:37 | 0:35:41 | |
I couldn't be charged and I felt that I was completely in the right. | 0:35:41 | 0:35:47 | |
You can make a complaint about a doctor | 0:35:47 | 0:35:49 | |
and you don't get charged, or a dentist, | 0:35:49 | 0:35:53 | |
but you make it against a solicitor | 0:35:53 | 0:35:55 | |
and you know, you end up being charged. | 0:35:55 | 0:35:57 | |
Unable to afford to pay for someone to represent him in court, | 0:35:58 | 0:36:02 | |
Paul decided to represent himself. | 0:36:02 | 0:36:04 | |
He was sent a statement of support from the | 0:36:04 | 0:36:06 | |
Solicitors Regulation Authority, which he was able to use | 0:36:06 | 0:36:10 | |
while making his case. | 0:36:10 | 0:36:11 | |
But despite this, the judge found against Paul. | 0:36:11 | 0:36:14 | |
What the judge said to me is, "I'm not here to determine | 0:36:16 | 0:36:21 | |
"whether your complaint was justified or not." | 0:36:21 | 0:36:23 | |
That's the crux of the matter, really. | 0:36:23 | 0:36:26 | |
The ruling, on a point of law, | 0:36:27 | 0:36:29 | |
was as Paul had initially been told by his father's solicitor. | 0:36:29 | 0:36:33 | |
Because he wasn't the client, he could be charged for the time | 0:36:33 | 0:36:36 | |
the solicitor spent defending the complaints made against him. | 0:36:36 | 0:36:39 | |
But Paul now also had to pay all the costs | 0:36:39 | 0:36:42 | |
and charges associated with the case coming to court, | 0:36:42 | 0:36:45 | |
meaning the total amount he owed was rapidly spiralling out of control. | 0:36:45 | 0:36:50 | |
So what was it like for you when you heard the judge ruling against you? | 0:36:50 | 0:36:54 | |
-It was devastating. -And the consequence is? | 0:36:54 | 0:36:58 | |
Well, the consequence is that I may end up losing my house here | 0:36:58 | 0:37:02 | |
because the amount of money that I now owe is something like £86,000. | 0:37:02 | 0:37:08 | |
Whatever the legal judgment, | 0:37:08 | 0:37:09 | |
that's a devastating price to pay for pursuing a complaint. | 0:37:09 | 0:37:13 | |
Paul continued to fight his case, enlisting the help | 0:37:13 | 0:37:16 | |
of his local MP Simon Danczuk, who tried taking it right to the top. | 0:37:16 | 0:37:21 | |
My constituent, Paul Cowdrey, is to lose his home after raising | 0:37:21 | 0:37:26 | |
concerns about overcharging. | 0:37:26 | 0:37:28 | |
I'm happy to look into this case. | 0:37:28 | 0:37:30 | |
As the honourable gentlemen will know, the legal regulators are | 0:37:30 | 0:37:33 | |
independent from Government, so it's not possible to intervene directly. | 0:37:33 | 0:37:38 | |
But there was nothing that could change Paul's situation or | 0:37:38 | 0:37:41 | |
overrule the word of law. | 0:37:41 | 0:37:43 | |
In a further blow to Paul, the Legal Complaints Service, the body | 0:37:43 | 0:37:46 | |
which advised him on his complaint in the first place, | 0:37:46 | 0:37:49 | |
has since disbanded. | 0:37:49 | 0:37:50 | |
But Paul feels someone should still be responsible for decisions | 0:37:50 | 0:37:54 | |
they made in the past. | 0:37:54 | 0:37:56 | |
I sought advice from the Legal Complaints Service | 0:37:56 | 0:37:59 | |
and said, "Could I be charged if I made a complaint?" | 0:37:59 | 0:38:04 | |
And they assured me I couldn't. | 0:38:04 | 0:38:06 | |
I got bad advice and I don't think that was reasonable or fair. | 0:38:06 | 0:38:11 | |
At the time we filmed with him, | 0:38:11 | 0:38:12 | |
the amount Paul owed the solicitor and had to pay off the rest | 0:38:12 | 0:38:16 | |
of the associated legal fees | 0:38:16 | 0:38:18 | |
had ballooned to a total of £129,000. | 0:38:18 | 0:38:22 | |
We asked the Solicitor's Regulation Authority what | 0:38:22 | 0:38:25 | |
they now think of Paul's case, and they told us that while they | 0:38:25 | 0:38:29 | |
sympathise with Paul, and normally would not expect solicitors | 0:38:29 | 0:38:33 | |
to charge for dealing with complaints, in this case, the costs | 0:38:33 | 0:38:37 | |
incurred from dealing with Paul's complaints went beyond the usual. | 0:38:37 | 0:38:42 | |
They said that Paul ably argued his case, | 0:38:42 | 0:38:45 | |
and that the issues were properly debated, | 0:38:45 | 0:38:47 | |
but once the court had ruled on the question of charging, it would | 0:38:47 | 0:38:51 | |
be inappropriate for the SRA to seek to deal with the issue. | 0:38:51 | 0:38:56 | |
We also contacted the solicitor Paul had | 0:38:58 | 0:39:01 | |
complained about in the first place. | 0:39:01 | 0:39:03 | |
His representatives stressed that his work as executor had | 0:39:03 | 0:39:07 | |
benefitted the estate as a whole, | 0:39:07 | 0:39:09 | |
and that Paul's complaint against him was not supported | 0:39:09 | 0:39:12 | |
by his siblings, the only other beneficiaries of the estate. | 0:39:12 | 0:39:16 | |
They went on to say that the matter has been subject to careful | 0:39:16 | 0:39:19 | |
and detailed scrutiny in court on five separate occasions | 0:39:19 | 0:39:24 | |
and each time the decision has been against Paul. | 0:39:24 | 0:39:27 | |
And they recommended that anyone considering making a complaint | 0:39:27 | 0:39:31 | |
of this kind exercise considerable care when doing so as in their | 0:39:31 | 0:39:36 | |
view, if Paul had taken independent legal advice at various stages, | 0:39:36 | 0:39:40 | |
he'd almost certainly not find himself in his present predicament. | 0:39:40 | 0:39:45 | |
But at least the situation shouldn't now get any worse. | 0:39:47 | 0:39:51 | |
To stop the amount owed spiralling further, in July, 2014, Paul | 0:39:51 | 0:39:56 | |
and his wife pulled together as many assets as they could to make | 0:39:56 | 0:39:59 | |
a settlement with the solicitor that resolves the debt | 0:39:59 | 0:40:03 | |
and allows them to keep their home. | 0:40:03 | 0:40:05 | |
But Paul still feels that he was given the wrong advice | 0:40:05 | 0:40:08 | |
by the Legal Complaints Service at the very start | 0:40:08 | 0:40:11 | |
and he doesn't see why he should be paying the price for that. | 0:40:11 | 0:40:15 | |
I'm not prepared to back down any further and, you know, if I have to | 0:40:15 | 0:40:20 | |
take it to the European courts, I'm perfectly prepared to do that. | 0:40:20 | 0:40:25 | |
Very determined. | 0:40:25 | 0:40:27 | |
Here at Rip Off Britain, we're always ready to investigate | 0:40:34 | 0:40:37 | |
more of your stories on any subject. Are you confused over your bills? | 0:40:37 | 0:40:41 | |
Or just trying to wade through never-ending small print? | 0:40:41 | 0:40:45 | |
It's very frustrating because it makes what should be a simple job | 0:40:45 | 0:40:49 | |
a lot more complicated. | 0:40:49 | 0:40:50 | |
I think some people just give up, so they don't get the best deal. | 0:40:50 | 0:40:53 | |
Maybe you're unsure what to do, when you discover | 0:40:53 | 0:40:56 | |
you've lost out, and that so-called great deal | 0:40:56 | 0:40:59 | |
has ended up costing you money. | 0:40:59 | 0:41:01 | |
People are buying into this, I did, | 0:41:01 | 0:41:04 | |
and are they going to be as awkward with them as they were with me? | 0:41:04 | 0:41:07 | |
You might have a cautionary tale of your own | 0:41:07 | 0:41:09 | |
and want to share the mistakes you made with us. | 0:41:09 | 0:41:12 | |
It upsets me an awful lot, because I'm retired and I... | 0:41:12 | 0:41:17 | |
begrudge having to pay that kind of money out. | 0:41:17 | 0:41:21 | |
You can write to us at... | 0:41:23 | 0:41:25 | |
Or you can send us an email to... | 0:41:31 | 0:41:34 | |
Remember that the Rip Off team is ready and waiting to investigate | 0:41:38 | 0:41:42 | |
your stories. | 0:41:42 | 0:41:43 | |
It's sometimes easy to hear the stories we look into on the programme | 0:41:46 | 0:41:50 | |
and think, "Oh, I'd never fall for that," or at least think that, | 0:41:50 | 0:41:54 | |
if you did, you'd know exactly what to do to get your money back. | 0:41:54 | 0:41:57 | |
But I have to say that today's stories simply do not fall into that category. | 0:41:57 | 0:42:01 | |
It's hard to see how any of the people we've met could have seen what was coming. | 0:42:01 | 0:42:05 | |
That's especially the case where people took advice that ultimately let them down. | 0:42:05 | 0:42:10 | |
Of course, there are always two sides to every story, | 0:42:10 | 0:42:12 | |
but you can't help sympathising with the predicament of those who tried | 0:42:12 | 0:42:16 | |
to find out the best thing to do, and yet were steered | 0:42:16 | 0:42:19 | |
in the wrong direction with very little they can do about it. | 0:42:19 | 0:42:22 | |
If you're facing a situation like any of the people we featured in today's programme, | 0:42:22 | 0:42:26 | |
where it's not really clear how things have ended up quite the way they have, | 0:42:26 | 0:42:31 | |
or you don't know which way to turn next, | 0:42:31 | 0:42:34 | |
then do please let us know. | 0:42:34 | 0:42:36 | |
However bad things seem, there may yet be something we can do | 0:42:36 | 0:42:41 | |
to point you in the direction of, well, if not a solution, | 0:42:41 | 0:42:44 | |
then at the very least some further help. | 0:42:44 | 0:42:46 | |
We'll be back soon to do exactly that with more of your stories, | 0:42:46 | 0:42:50 | |
-so thanks for watching us today. Goodbye. -Bye-bye. -Bye. | 0:42:50 | 0:42:54 |