Episode 2 Rip Off Britain


Episode 2

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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 is simply not up to scratch.

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It's my money, and it's not right for anyone to rip you off.

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I don't understand how they get hold of my information.

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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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You don't get compensated, it takes a long time to get things done

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and nobody cares.

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In the end, I told them no, because I knew it was a scam.

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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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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 to Rip-Off Britain, where today,

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once again, we'll be getting right to the bottom of some of the stories

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and problems you've sent to us,

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and, in particular, challenging that old expression "safe as houses".

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Because it certainly seems that there's nothing safe

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about the value of the houses in the cases we'll be hearing about.

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Indeed, the owners of all of them feel that they've lost out,

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thanks to situations that were not necessarily caused by them.

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Now, your home is often a lot more than just bricks and mortar.

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Indeed, for many of us, it's a place that's full of memories,

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and perhaps it's also the key to our future financial security.

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So a bolt out of the blue that puts a huge question mark over whether

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or not you'll be able to sell the house for what you think it's worth,

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or indeed whether it'll be worth anything at all,

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is going to be absolutely devastating.

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But that is exactly what happened to some of the people

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that we're about to meet.

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Yes, they all suddenly discovered that the certainty and security

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that their homes had once signified had changed -

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they'd say through no fault of their own.

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That's news none of us ever wants to hear.

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But, by the end of the programme,

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we hope that if it ever happens to you,

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you'll know exactly what to do about it.

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Coming up - the locals who say the threat of fracking has

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caused their homes to plummet in value...

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if they can even be sold at all.

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They all said, "Sorry, it's everything we want,

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"but we can't take the risk because of fracking."

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The fast-growing menace that could scupper your house sale...

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even when it's not on your property.

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I love my plants, I love my garden,

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but as for knotweed, I definitely don't like that.

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And more of your problems solved at the Rip-Off Britain Pop Up Shop.

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Now, if you own a property,

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you'll know it's not just about having a valuable asset,

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it's somewhere that's a home,

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with all the memories you've made there over time.

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And when you decide to leave, you'll want that to be your own choice

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and at the time that's right for you.

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But that isn't how it's worked out for the mother and son

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that we're about to meet, or indeed for others like them.

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And what's particularly upsetting about that is that they've

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been let down by a scheme that was supposed to HELP them,

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and indeed was specifically sold as the answer to their troubles.

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Thousands of people signed up to something similar.

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So could they too face losing their home?

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Today is a sad day for single mother Janet and her son, Peter.

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Peter, come and look at these.

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They are getting ready to move out of their home of 23 years.

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Peter was only two and a half.

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And it was... My husband and I bought the house.

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And that's...this is where we came to.

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Peter is moving in with friends,

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and Janet, at the age of 58, is moving to her mother's spare room.

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It means saying goodbye to almost all of her belongings.

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I always say that

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what you choose to have in your house defines you,

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and I'm quite sentimental, so...

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-It's a new beginning, isn't it?

-Yes, it is, yeah.

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When Janet and her husband split in 1996, they agreed

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she could keep the house.

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But without her husband's income to help share the mortgage

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payments, she started to struggle financially.

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I'd run up some debts just being a single mum,

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just living on day-to-day.

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So when Janet discovered a company that promised a way for her

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to stay put, save money AND get a lump sum to pay off her debts,

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she immediately thought it could be the answer to her prayers.

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The company - Shield4Life - operated what's called "sale and rent back",

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which, like similar schemes offered by a number of companies,

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sounded like a lifeline for people like Janet.

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You sell the company your house, then pay them rent,

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so you don't have to move.

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It was very well presented

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and possibly what I was looking for.

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Shield4Life offered to buy Janet's house at the market rate - £190,000.

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The company would hold on to 40% of that - £76,000 -

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and only pay that to Janet when they sold the house on again.

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In the meantime, she'd get a lump sum to pay off debts,

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cover their fees, and press the reset button on her finances.

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Shield4Life became the official owners of the house,

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and Janet just had to pay a small rent to live there.

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It was a fantastic answer to every problem, really.

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And the relief was absolutely huge.

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For the next three years, the scheme seemed to be working well.

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But in 2010, their lives were shaken

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when Janet suffered a brain aneurism.

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I needed to rest more, I couldn't manage the stairs,

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the garden was very difficult to manage.

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So, after much thought, Janet reluctantly contacted Shield4Life

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and told them she wanted to sell the house.

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There had been some changes to the initial deal,

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but she still reckoned that her share of the proceeds

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would be a lump sum of around £50,000.

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Janet found a buyer within just a few months,

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but when she asked the managing director of Shield4Life

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to let the sale go through, she was in for a nasty surprise.

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He said, "I am very sorry, Janet, but there is no money to give you.

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"And even if I sold the property, there's no money to give you

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"because I've re-mortgaged it."

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Re-mortgaging the house is something Shield4Life

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would have been perfectly entitled to do -

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after all, they were the rightful owners.

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But, thanks in part to the downturn in the property market,

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the house was now worth less than they paid for it.

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And selling it wouldn't make enough for Shield4Life to give Janet

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the money she was owed.

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I cried.

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He said to me, "I am so sorry.

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"I don't know how I can make amends,

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"but I will think of something."

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I was completely in limbo,

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because, obviously, I then didn't know which way to turn.

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Shield4Life's managing director told Janet

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he was trying to find the money. But when weeks passed and there was

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no sign of that happening, she assumed there was little chance

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of ever getting the money she was entitled to if the house was sold.

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So, hoping it would encourage the company to keep its end

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of the bargain, she stopped paying rent to Shield4Life.

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But the situation from then on just got worse.

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One morning, just over a year later, in November, 2013,

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Janet received an eviction notice.

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It seemed Shield4Life could no longer afford to keep up

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its mortgage payments on the property.

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So the mortgage company decided to repossess the house,

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which meant evicting Janet.

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She was devastated at how the deal she'd made

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with Shield4Life had unravelled.

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Far from ending up with the £50,000 she'd always expected

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to make from selling the property,

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she was now being forced to leave...with nothing.

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I was absolutely panic-struck,

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because that clearly meant we were definitely homeless,

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and with no money.

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So I went into a bit of a meltdown, really.

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But I am always at great pains to point out that I haven't lost

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the house through not paying a mortgage.

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Janet isn't the only Shield4Life customer who has ended up

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losing their home.

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But when we contacted the company's managing director,

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he told us the business is "no longer operating",

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as "the regulations were so stringent", it couldn't continue.

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He said, "The sale-and-rent-back business was a melting pot

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"of unscrupulous buyers," but that Shield4Life

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"strived to be the best of the breed,"

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and that it helped "families remain in their much-loved homes,"

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avoid eviction, and "put their lives back on track."

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Ultimately, though,

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"the company was never able to build up a sufficient contingency fund."

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He stressed that Janet's rent was "considerably below the average

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"monthly mortgage payment,"

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and also below "the fair market rate."

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He says he tried to contact Janet after she stopped paying rent -

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something she disputes -

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and while he's upset to hear how things have turned out, he claims

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he did everything he could to help her, including allowing her to stay

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in the house for "15 months rent free" before it was repossessed.

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But Shield4Life wasn't the only business of this type

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that ran into trouble.

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The whole sale-and-rent-back concept was relatively new

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when Janet signed up in 2007.

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But the economic downturn that followed meant

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many of the houses that companies like this had bought were

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suddenly worth less than they paid for them.

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And following an official investigation in 2008,

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there was a crackdown on the industry.

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It was found that most sale-and-rent-back schemes

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were unaffordable and should never have been sold in the first place.

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The industry was regulated, and all but disappeared.

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We went out into the marketplace

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to find out what was actually happening in practice,

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and what we saw was widespread

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poor practice. Our activities

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have meant that this marketplace has effectively shut down,

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and there are very, very few firms that offer these schemes today.

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Although that's good news,

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it's no comfort to the estimated 50,000 people like Janet who

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are already signed up to contracts that could leave them with nothing.

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And with interest rates forecast to rise in the next few years,

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there are fears that more people could be tempted

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to turn to the handful of schemes still out there as they struggle to

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pay their mortgage. But you don't have to resort

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to sale-and-rent-back schemes to keep your house.

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The things you should do are talk to your mortgage lender

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and see if you can renegotiate your payments

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so that you can remain in your home. There are lots of options,

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and we would not recommend this one as your first.

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As for Janet, she bitterly regrets ever signing up to the arrangement

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in the first place.

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If anyone was even considering doing the sale and lease back,

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I would think very, very carefully about it,

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because there are many pitfalls that I hadn't realised.

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There are other options.

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Buying a house these days quite often involves trying to predict

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the future, and of course it isn't an exact science

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estimating what might happen to a particular area's property

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prices in five, ten or even 20 years' time.

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You might hope that you're going to be moving to an up-and-coming

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neck of the woods, or close to a new transport route

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that's not yet open -

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all in the expectation that prices will have gone up

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by the time you want to sell.

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But equally, of course, it might be that something

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totally out of your control

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could make the value of your house go DOWN.

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And there doesn't have to be anything definite

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on the cards for that to happen.

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Well, that's the situation that some residents

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of one tiny Lancashire village say that they're now facing,

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not because of hard facts,

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but thanks to a lot of uncertainty and speculation

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surrounding a big story that's in the news.

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Roseacre in Lancashire.

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Nine miles outside Blackpool,

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this sleepy spot consists of little more than 20 houses and two farms -

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all with uninterrupted views over the rolling countryside beyond.

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A beautifully-set, four-bedroom, semi-detached house here

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would typically be expected to sell for something in the region

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of £300,000.

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Or at least that WAS the case.

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But now, some fear that Roseacre's sleepy solitude

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could be about to change.

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Shale is important for our country.

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It could bring 74,000 jobs, over £3 billion of investment,

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give us cheaper energy for the future

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and increase our energy security.

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Yes, the controversial process of hydraulic fracturing -

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better known as fracking - could be on its way to Roseacre.

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If the energy exploration company Cuadrilla gets its way,

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this will be one of the first sites in the country where the practice

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is able to happen on this scale.

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And while fracking has been safely carried out in other parts

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of the country, in 2011, it was temporarily banned,

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after something very unexpected happened.

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'The 1.5 magnitude quake is the second in the area in two months.'

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An industrial process that causes earthquakes

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clearly isn't great, even if it is only small local tremors.

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After two minor earthquakes in 2011 close to an earlier fracking site

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also near Blackpool, the government called a halt to any more drilling,

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while Cuadrilla investigated.

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And although it was found that the Blackpool earthquakes were

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likely to have been caused by the drilling,

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that's unusual, and there's no evidence that fracking

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could always have such side effects.

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Indeed, in the USA, where it's becoming increasingly common,

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tremors linked to fracking are rare.

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So now - with its promise of cheap and plentiful energy -

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fracking is back.

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And in February of 2014,

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Cuadrilla announced that Roseacre would be one of just two sites

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where it would apply for permission to test for shale gas.

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But some local residents weren't happy with that,

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fearing that the news might have an impact on the value of their homes.

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It's going to put people off wanting to move here -

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you're not going to choose a home near a fracking site.

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If the fracking goes ahead, we would want to move,

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due to the potential health risks and the noise and the traffic.

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But my fear is that we won't be able to, that we'll be financially

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trapped with a huge mortgage and unable to sell the property.

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One man who has managed to sell his house,

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which was half a mile from the proposed site,

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says he was only able to sell it

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by accepting a hugely knocked down price.

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We were very disappointed in the offer.

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Under normal circumstances, I think we would have rejected it.

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But after going on the Internet

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and doing some research,

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we found that, on quite a few websites,

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it said house prices in fracking areas would drop 20-30%.

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So we took the offer and took the loss.

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However, other locals who've had difficulties selling their home

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put it down to simply a tough local market,

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and say that it's too easy for the blame to be put on an issue

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on which the community is already split.

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I think there is a fear of fracking.

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Personally,

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I'm not really against it.

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Cuadrilla stresses that evidence from elsewhere suggests that

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fracking shouldn't have any effect on house prices.

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But while the arguments rumble on,

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some residents say that, whatever the long-term reality,

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the short-term uncertainty

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has already led to potential buyers pulling out.

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Rowland and Marie Taylor had decided to sell their home

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for health reasons, before the fracking proposals

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had even been announced.

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We need to be on one level,

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because I've just gone through quite a trauma, with a major op,

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and we think, if we leave it any longer,

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it'll be too late to move, because we'll be too old to do it.

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The couple originally put their house on the market in the middle

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of 2013, and by the New Year they'd found a buyer and agreed a sale.

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But when they found out that Cuadrilla had identified

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Roseacre as a potential fracking site, the buyers pulled out.

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Disappointed, Rowland and Marie put the house back on the market,

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and, sure enough, another couple became interested.

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And we could tell that they liked it.

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And I did bring the subject of fracking up, because I thought

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there's no point in them viewing and then going away

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and then finding out.

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So they obviously went home, read about fracking...

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..rang the estate agent and said,

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"Sorry - it's everything we want, but we can't take the risk

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"because of fracking," so we lost the sale yet again.

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So, despite the fact there's no concrete proof that fracking

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might regularly cause ground tremors, health issues

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or indeed any of the concerns some locals and campaigners have voiced,

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it seems just the fear that it might has already put some buyers off.

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Rowland and Marie have now decided to put their house up for rent

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rather than risk any further delay.

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We have to move while we're fit to move.

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We can't just sit here forever and say,

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"Well, we'll see what happens,"

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and in another 20 years, the worst comes to the worst

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and we'll have to move then, it will be too late.

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It may seem absurd that

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before the final decision on fracking is even made,

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just the simple possibility that it might happen

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could have any sort of impact.

0:18:060:18:07

But, as property expert Henry Pryor explains,

0:18:070:18:11

uncertainty can be a killer for the house market.

0:18:110:18:14

The threat of fracking is one of those things that can have a

0:18:140:18:17

detonating effect on house prices. For many people, it not just knocks

0:18:170:18:20

off a percentage from the value of the house,

0:18:200:18:22

it can, in some circumstances, make it utterly unsalable.

0:18:220:18:25

The big problem at the moment is that the threat is unquantifiable.

0:18:250:18:29

We haven't yet got case studies to be able to talk to people

0:18:290:18:32

and say that we can quantify the problem that might exist

0:18:320:18:35

with even the threat of fracking.

0:18:350:18:37

Henry says that any buyer, wherever they're looking, has to look years,

0:18:380:18:42

often decades, into the future

0:18:420:18:44

before spending hundreds of thousands of pounds on a house.

0:18:440:18:48

When you're looking that far ahead, even the slightest possibility

0:18:480:18:51

of something going wrong can mean the end of a deal.

0:18:510:18:54

We asked Cuadrilla about the effect locals say the proposed drilling

0:18:560:19:00

has had on house prices in Roseacre.

0:19:000:19:02

As well as reiterating that

0:19:020:19:04

"there are no proven scientific health risks"

0:19:040:19:06

associated with fracking, they are confident that

0:19:060:19:09

"nor is there any evidence, since the process began in the 1970s,

0:19:090:19:14

"that house prices have been impacted negatively".

0:19:140:19:17

They point out that there's already been some fracking just one

0:19:170:19:20

and a half miles from Roseacre,

0:19:200:19:22

and it has had "no impact on house prices"

0:19:220:19:25

in the 20 years since it began.

0:19:250:19:27

And they also to wanted to allay other concerns about

0:19:270:19:30

the possible effects of fracking - such as heavier traffic -

0:19:300:19:34

stressing there's been "extensive consultation with residents,"

0:19:340:19:37

and that they will pay a "community benefit" of £100,000 per wellhead,

0:19:370:19:43

plus 1% of the revenue in areas where it does take place.

0:19:430:19:47

We also spoke to the Government, who said fracking presents

0:19:470:19:50

"a huge economic benefit to communities,"

0:19:500:19:53

and that there is "no reason to expect any adverse effects

0:19:530:19:57

"on property values".

0:19:570:19:58

Instead, the impact is likely to be broadly similar to

0:19:580:20:01

the effects of traditional mining, with "the same robust safety

0:20:010:20:04

"and environmental regime".

0:20:040:20:06

Shortly after that, however,

0:20:060:20:08

the issue hit the news again, when an official report into the impact

0:20:080:20:12

of fracking was published

0:20:120:20:13

with information about this very point apparently censored,

0:20:130:20:17

doing little to alleviate the fears of those locals who remain convinced

0:20:170:20:21

that the uncertainty is having

0:20:210:20:23

an effect on the area's property prices.

0:20:230:20:26

Nobody knows what is going to happen, nobody can answer

0:20:260:20:30

the questions truthfully...

0:20:300:20:33

..and people are quite afraid.

0:20:340:20:36

Still to come on Rip-Off Britain -

0:20:430:20:45

why a throw back from the reign of Henry VIII has homeowners worried

0:20:450:20:49

that they could be hit with a bill for thousands of pounds.

0:20:490:20:53

It is quite bizarre that the law can ask us to pay for a church

0:20:530:20:58

that we don't even attend.

0:20:580:20:59

We've come to the heart of the West Midlands

0:21:060:21:09

with our Rip-Off Britain Pop Up Shop.

0:21:090:21:11

This year, we're going to be offering even more help

0:21:110:21:14

and advice on consumer issues than ever before!

0:21:140:21:16

Yes, not only do we have our top team of experts here to give

0:21:160:21:19

face-to-face advice one-to-one, but we've got special workshops

0:21:190:21:23

so people can come along and get all sorts of tips on everything,

0:21:230:21:26

from staying safe online to how to avoid getting ripped off on holiday.

0:21:260:21:30

Actually, we are covering an enormous range of topics.

0:21:300:21:33

And as you can see, all our experts are already in place.

0:21:330:21:35

We also have a whole queue of people waiting outside

0:21:350:21:38

the Pop Up Shop to get in, so will we get down to business?

0:21:380:21:41

-Let's go.

-Let's go!

0:21:410:21:42

You came to sound off in our gripe corner in your droves.

0:21:440:21:48

I find it frustrating how you have to pay for the privilege

0:21:500:21:53

of printing off e-tickets.

0:21:530:21:55

It makes me very angry to think that the petrol prices and taxes

0:21:550:21:59

on the petrol rise so much. What's the reason for it?

0:21:590:22:03

It just seems like everything's really going up.

0:22:030:22:05

And one of the first people through the door to see our experts

0:22:050:22:09

was Roisin Kelly.

0:22:090:22:10

-Hello.

-Hello.

-How can we help you today?

0:22:100:22:12

Roisin wanted advice from our legal expert, Gary Rycroft,

0:22:120:22:16

after her builder discovered a structural problem

0:22:160:22:18

with her recently purchased house.

0:22:180:22:20

The roof is sitting on top of the wall and pushing the wall out.

0:22:200:22:24

-Whoa! Pushing the wall out?

-Yeah.

0:22:240:22:26

And what did the builder say exactly about it in terms of danger?

0:22:260:22:30

It's not going to collapse straight away, but in time

0:22:300:22:32

if something isn't done about it, then it will eventually collapse.

0:22:320:22:35

-So you obviously went back to your surveyor.

-Uh-huh.

-And what happened?

0:22:350:22:38

They sent someone out to do a post survey.

0:22:380:22:41

And then I got a letter saying they weren't going to be liable for it.

0:22:410:22:44

On what grounds?

0:22:440:22:45

Because of the survey that was carried out -

0:22:450:22:48

it was for mortgage purposes only.

0:22:480:22:50

Now, there are three different types of survey you can get on a house,

0:22:500:22:54

and Roisin had gone for the cheapest -

0:22:540:22:57

the basic valuation survey -

0:22:570:22:58

which isn't as thorough as other surveys available,

0:22:580:23:02

such as the more detailed HomeBuyers Report.

0:23:020:23:04

The loophole that you've fallen into here is that the valuation

0:23:060:23:09

was carried out for the bank and not for you.

0:23:090:23:12

If you had a HomeBuyers Report carried out,

0:23:120:23:15

if you had entered into a contract with a surveyor,

0:23:150:23:18

you could now definitely rely on that HomeBuyers Report.

0:23:180:23:22

Because I actually paid for that survey, I thought that was enough.

0:23:220:23:26

A valuation survey won't typically highlight structural problems,

0:23:260:23:30

but the form Roisin's surveyor completed had contained a box

0:23:300:23:34

asking for evidence of any structural movement.

0:23:340:23:37

And the fact that he had ticked "no",

0:23:370:23:39

suggesting there wasn't a problem,

0:23:390:23:41

was one of the factors that gave her the confidence

0:23:410:23:44

to go ahead with the purchase.

0:23:440:23:46

He did put on the survey report, "Is there any structural defects?"

0:23:460:23:49

And he put "no". He crossed "no".

0:23:490:23:51

One option you've got is to go to the bank and say,

0:23:510:23:54

-"Well, I would never have borrowed that money from you..."

-Exactly.

0:23:540:23:59

"..if your valuer had had a duty of care to you

0:23:590:24:01

"to carry out the valuation properly." So that's one route in,

0:24:010:24:05

-is to get in touch with the bank.

-Which I've done.

-What did they say?

0:24:050:24:10

They offered me £100 compensation.

0:24:100:24:11

£100? And what did you pay for the survey, do you know?

0:24:110:24:16

I think the survey was 167.

0:24:160:24:18

It seems to me that there's no doubt, in this case,

0:24:180:24:21

that the surveyor has been negligent.

0:24:210:24:22

-Mm.

-The question is - where does the buck stop...

-Yeah.

0:24:220:24:25

..as far as the surveyor is concerned?

0:24:250:24:28

So, the bank can't just wash their hands and offer you 100 quid.

0:24:280:24:31

-Oh, I'll be in contact with the bank.

-Excellent.

0:24:310:24:33

Thanks very much indeed, Roisin. Very nice to see you.

0:24:330:24:37

With Gary so confident that Roisin has a case,

0:24:370:24:40

she's determined to keep on fighting,

0:24:400:24:42

so fingers crossed all round

0:24:420:24:44

Roisin will get resolution on this very soon.

0:24:440:24:47

Next, a problem that's becoming increasingly common,

0:24:500:24:54

and one that, if it ends up affecting you and your home,

0:24:540:24:57

really can have disastrous consequences.

0:24:570:24:59

I'm talking about Japanese knotweed -

0:24:590:25:02

words that send shivers through lenders, home buyers

0:25:020:25:06

and sellers alike. This particular type of fast-growing plant

0:25:060:25:10

can make it impossible to sell your home or borrow money against it.

0:25:100:25:14

Jean Hale from Dudley is just one of the people whose plans have

0:25:140:25:17

been ruined because of it. And what makes it worse

0:25:170:25:21

is that there isn't even any of it growing on HER property.

0:25:210:25:24

Tough, destructive

0:25:250:25:27

and extraordinarily hard to get rid of,

0:25:270:25:30

this plant is spreading relentlessly

0:25:300:25:33

in a way that's being likened to an invasion.

0:25:330:25:35

And if it's growing in your garden, or even just spotted nearby,

0:25:350:25:40

the value of your property could plummet overnight.

0:25:400:25:43

This is the dreaded Japanese knotweed.

0:25:430:25:46

It's officially considered a pest species thanks to its ability

0:25:470:25:51

to shoot up to more than seven feet tall,

0:25:510:25:53

and suppress every other plant around.

0:25:530:25:57

So it's no surprise that Jean Hale is worried by what's growing

0:25:570:26:01

just a few metres away from her garden,

0:26:010:26:03

on land owned by the local council.

0:26:030:26:05

That's some of the knotweed there.

0:26:050:26:08

And also it's also growing up the bank up there.

0:26:080:26:11

Jean's lived here in Dudley, in the West Midlands, for 40 years.

0:26:130:26:16

But for the last ten of those, she's been nervously watching

0:26:160:26:20

what's growing on the other side of her fence.

0:26:200:26:23

The council has treated the knotweed regularly ever

0:26:230:26:25

since it was first spotted. But it's still there.

0:26:250:26:29

I'm worried because, you know, it could damage my property.

0:26:290:26:33

And it's quite concerning, really.

0:26:340:26:36

The knotweed hasn't spread onto Jean's land.

0:26:360:26:40

Even so, it's already had a direct impact on her home.

0:26:400:26:44

Jean suffers from osteoarthritis, and two years ago she attempted

0:26:450:26:49

to borrow £4,000 against her house

0:26:490:26:51

so that she could adapt her bathroom to make it easier for her to use.

0:26:510:26:55

I have difficulty getting my legs over to get into the bath.

0:26:560:27:01

That's the only assistance I've got to get in the bath,

0:27:010:27:03

but when you need...

0:27:030:27:05

you can't bend your knees properly because it's painful.

0:27:050:27:07

Jean applied for the loan and a surveyor came round to make

0:27:070:27:11

sure the house was enough security for the debt.

0:27:110:27:15

He just checked the house to see if that was fine.

0:27:150:27:17

And then he went down out of the gates and down the bank

0:27:170:27:21

to the side of the house, and that's when he saw the knotweed.

0:27:210:27:25

The surveyor told Jean that even though the nearest plant

0:27:260:27:29

is a few metres away from the house and on council land

0:27:290:27:32

rather than her own, the knotweed could still be a problem.

0:27:320:27:36

And so it proved.

0:27:360:27:37

A few days later, she received news that the lender,

0:27:370:27:40

a company called Just Retirement,

0:27:400:27:42

wouldn't lend her the money she needed.

0:27:420:27:44

They said the roots of the knotweed could pose a threat to the house

0:27:440:27:48

and be an insurance risk.

0:27:480:27:50

It was a shock, because I didn't know that knotweed was such a problem,

0:27:520:27:55

and apparently there's quite a lot of it about.

0:27:550:27:57

Jean wrote to Dudley Council to ask if there was anything they

0:27:570:28:01

could do to help - after all, the knotweed was their responsibility.

0:28:010:28:05

The council wrote back saying they had been treating the knotweed

0:28:050:28:09

since 2004, and the surveyor should have seen that it was dying.

0:28:090:28:13

But Jean wonders if the council were fighting a losing battle.

0:28:130:28:17

They've been treating it now ten years and it's still there.

0:28:180:28:22

It makes you feel powerless and you just don't know where to go next.

0:28:220:28:27

So, as things stand, Jean's been unable to borrow money against

0:28:270:28:31

her house because of something that's nothing to do with her.

0:28:310:28:35

And she's worried that she'll end up with a bigger

0:28:350:28:37

problem by the time she starts thinking of selling up.

0:28:370:28:40

I wouldn't want to move from this house yet because of the view

0:28:400:28:44

and everything, and all the work we've put into it,

0:28:440:28:47

but eventually, I'm going to have to consider it...

0:28:470:28:50

..because I shall have difficulty getting up the stairs and up

0:28:520:28:56

the steps outside, eventually.

0:28:560:28:59

As Jean's discovered, some lenders, including big-name banks

0:28:590:29:03

and building societies, can take a hard line on this,

0:29:030:29:05

refusing mortgages on properties where knotweed may be an issue.

0:29:050:29:10

Mike Clough is a leading expert in this most invasive of plants

0:29:110:29:15

and knows better than most how quickly it can threaten homes.

0:29:150:29:19

So this is a typical example of Japanese knotweed

0:29:200:29:23

growing in a hedgerow.

0:29:230:29:25

Err, three, four weeks ago,

0:29:250:29:27

-there would've been nothing there at all.

-Really?

-Yeah.

0:29:270:29:30

It grows at a rate of about a foot a week at this time of year.

0:29:300:29:34

Very rapidly it gets to this height.

0:29:340:29:36

Typical red-flecked stems, broad, bamboo-like arching growth.

0:29:360:29:42

Thick, waxy leaves - very, very thick.

0:29:420:29:45

It's one of the ways you can identify Japanese knotweed.

0:29:450:29:47

The quick growth above ground is mirrored beneath the soil,

0:29:470:29:50

where the knotweed can spread for up to seven metres before

0:29:500:29:53

shooting up above the surface. And wherever knotweed wants to go,

0:29:530:29:57

next to nothing can stand in its way,

0:29:570:29:59

even hard surfaces like tarmac and concrete.

0:29:590:30:03

So, if you are a householder

0:30:030:30:05

and you're under attack by Japanese knotweed, what can you do about it?

0:30:050:30:09

What I would always try and do is find out where

0:30:090:30:12

the knotweed has originated from,

0:30:120:30:13

and then contact the land owner that the knotweed is on.

0:30:130:30:17

Don't do it in an aggressive manner - don't threaten to sue them,

0:30:170:30:21

just say, "Are you aware that you have Japanese knotweed on your land?

0:30:210:30:24

"Let's try and come up with a strategy whereby we get rid

0:30:240:30:27

"of the plants."

0:30:270:30:28

If that fails, there are legal precedents in place for you

0:30:280:30:32

to take action against the adjacent landowner,

0:30:320:30:34

even if that's the council.

0:30:340:30:36

The fundamental issue here is that mortgage lenders simply don't have

0:30:370:30:42

a blanket approach to how Japanese knotweed should be dealt with.

0:30:420:30:46

Each will have its own policy, which can vary from what

0:30:460:30:49

seems like panic at the mere mention of the name

0:30:490:30:52

to a more flexible approach tailored to individual cases.

0:30:520:30:56

But there ARE signs that the industry wants to end

0:30:560:30:58

the confusion and the inconsistency.

0:30:580:31:02

The Royal Institute of Chartered Surveyors worked with mortgage

0:31:020:31:05

lenders to grade knotweed risk from one - low risk -

0:31:050:31:09

to four - very high.

0:31:090:31:11

Since then, some mortgage lenders have agreed to lend to homes

0:31:110:31:14

with a risk level of one or two,

0:31:140:31:16

providing there was a weed management plan in place.

0:31:160:31:19

Under those criteria, Jean's house would be considered low risk,

0:31:190:31:23

meaning a loan could be possible.

0:31:230:31:25

But when we spoke to Just Retirement,

0:31:250:31:27

who had refused Jean the loan, they weren't budging.

0:31:270:31:31

They told us that they

0:31:320:31:33

"have a low-risk approach to property underwriting"

0:31:330:31:36

and they "do not accept properties where saleability

0:31:360:31:39

"is negatively impacted".

0:31:390:31:41

They say that's definitely the case with houses affected by knotweed,

0:31:420:31:46

and they're confident most other lenders would agree with them.

0:31:460:31:50

They also point out that homes like Jean's, where knotweed is

0:31:500:31:54

"within influencing distance" but not on her land can be worse,

0:31:540:31:58

as the homeowner is "not in control of the eradication process".

0:31:580:32:03

So, next, we contacted Dudley Council, who in this case

0:32:050:32:08

IS in control of that process.

0:32:080:32:11

They stressed that the treatment they have been applying to the

0:32:110:32:14

knotweed since 2004 has had "significant success"

0:32:140:32:18

in both killing it and "controlling any re-growth".

0:32:180:32:21

They say further treatment is planned,

0:32:210:32:24

but an assessment "shows that the knotweed is under control",

0:32:240:32:28

and they're not aware of it causing any damage to her house.

0:32:280:32:32

They made clear that they sympathise with Jean's predicament,

0:32:320:32:35

adding that, in their opinion,

0:32:350:32:37

surveyors and mortgage lenders can "show a lack of understanding"

0:32:370:32:40

and indeed "over-react" when it comes to knotweed.

0:32:400:32:44

But there is now hope for Jean,

0:32:440:32:46

and indeed for anyone else in the same situation.

0:32:460:32:49

The Royal Institute Of Chartered Surveyors has told us about a group

0:32:490:32:53

called the Property Care Association, who understand

0:32:530:32:56

exactly what information lenders are looking for in cases like this.

0:32:560:33:01

They can do an independent assessment on the knotweed -

0:33:010:33:04

usually free of charge - and then advise on the best way to manage it.

0:33:040:33:08

All being well, the plan they come up with will reassure

0:33:080:33:11

mortgage companies that houses like Jean's aren't high risk.

0:33:110:33:16

It's a positive new avenue for Jean to pursue.

0:33:180:33:21

But in the meantime, she's frustrated that something

0:33:210:33:24

so completely outside her control has affected her this way.

0:33:240:33:28

It's a very depressing thing. You know, it gets to you some days.

0:33:280:33:33

I love my plants, I love my garden,

0:33:330:33:36

but as for knotweed, I definitely don't like that.

0:33:360:33:40

Well, here we have a wonderful piece of history on the green,

0:33:440:33:48

with good old Churchill.

0:33:480:33:49

But if I asked you to come up with three things you might

0:33:490:33:52

associate with another great person from history, King Henry VIII,

0:33:520:33:56

you might say "eating, beheading

0:33:560:33:58

"and, of course, all those wives and marrying".

0:33:580:34:01

Now, you probably wouldn't have suggested that there could be

0:34:010:34:03

any connection whatsoever to the price of your house.

0:34:030:34:07

And yet, thanks to a 500-year-old law that back in Henry's day

0:34:070:34:11

made private landowners responsible

0:34:110:34:13

for the upkeep of parts of their parish church,

0:34:130:34:16

some 21st-century homeowners have been horrified to discover

0:34:160:34:20

that they could be made to pay thousands of pounds for repairs

0:34:200:34:24

to the local church, regardless of whether they go there or not.

0:34:240:34:27

But the chance that this ancient charge might need to be paid

0:34:270:34:31

has spread uncertainty throughout some communities,

0:34:310:34:34

with some of those affected worrying that it could even stop them

0:34:340:34:37

selling their homes.

0:34:370:34:38

Edingale is a tiny village in the Mease Valley, in Staffordshire.

0:34:400:34:44

It's a very picturesque part of England that Helen Bailey

0:34:440:34:47

and her late husband, Chris,

0:34:470:34:49

thought would be perfect for their retirement.

0:34:490:34:52

They moved here in 1999 and embarked on a year-long project

0:34:520:34:56

to renovate this old barn to create the home of their dreams.

0:34:560:35:00

It was quite a challenge, but it was fun, looking back on it.

0:35:000:35:04

The view from here is lovely.

0:35:040:35:07

It's very open, it's very peaceful.

0:35:070:35:10

The family spent over five years living happily in the village

0:35:120:35:15

until, unfortunately, Chris was diagnosed with cancer.

0:35:150:35:19

Helen nursed him at home for two years before he died.

0:35:190:35:22

But in October 2013, Helen received an unexpected letter.

0:35:220:35:27

In it was bombshell news that, right out of the blue, seemed to

0:35:270:35:30

jeopardise her future security.

0:35:300:35:32

At first, she couldn't actually believe what she was reading.

0:35:320:35:36

The letter told Helen that she could be forced to foot the bill

0:35:360:35:39

for repairs to her local parish church,

0:35:390:35:42

a church she had never even visited.

0:35:420:35:44

The very first thing I knew of it was when the land registry documents

0:35:440:35:49

arrived on my doorstep.

0:35:490:35:51

I was more shocked, stunned.

0:35:510:35:55

Not only that, but the deeds to her house were being changed so that

0:35:550:35:59

any future buyer of the house

0:35:590:36:01

would have to foot any possible bill as well.

0:36:010:36:04

It is quite bizarre that the law can ask us to pay

0:36:050:36:09

for a church that we don't even attend, and have no connection with.

0:36:090:36:14

It beggars belief.

0:36:150:36:17

Bizarre it may be, but it's true,

0:36:170:36:20

and it's down to what's called Chancel Repair Liability -

0:36:200:36:23

a centuries-old law that made the property owners in a community

0:36:230:36:27

responsible for repairs to the local church.

0:36:270:36:30

Most of the land in England and Wales is owned by the church

0:36:300:36:33

and divided into parishes.

0:36:330:36:35

Henry VIII came along and had his spat with Rome.

0:36:350:36:38

He decided to break up the monasteries, take away the lands

0:36:380:36:43

of the church and give it to his nobles

0:36:430:36:48

and also to private individuals. But when they bought the land,

0:36:480:36:51

they also took on the responsibility to repair the chancel.

0:36:510:36:56

Now, fast forward a few hundred years,

0:36:560:36:58

and whilst many of the laws from Henry VIII's time

0:36:580:37:01

have been done away with, this one remains,

0:37:010:37:05

and it means that, right across the country, the owners of land

0:37:050:37:08

that used to be linked to the church could still be legally bound to pay

0:37:080:37:12

for any repairs to the chancel -

0:37:120:37:14

the area of the church, by the way, around the altar.

0:37:140:37:17

Chancel repair liability is thought to affect

0:37:180:37:21

around 5,200 parishes in the country.

0:37:210:37:24

The problem is, for 99% of people,

0:37:240:37:28

it's just not mentioned in their deeds.

0:37:280:37:30

The first thing they know about it is a letter from the Land Registry

0:37:300:37:34

landing on their mat.

0:37:340:37:35

Which is exactly what happened to Helen.

0:37:350:37:38

Although I had heard of chancel repair,

0:37:390:37:42

I never for one moment thought it affected me and my property.

0:37:420:37:47

The letter had been prompted by a change in the law,

0:37:480:37:51

which required parish councils nationwide to register

0:37:510:37:54

who might be liable for chancel repairs by October 2013.

0:37:540:37:59

Since then, thousands of letters

0:37:590:38:01

have been sent out by the Land Registry,

0:38:010:38:03

informing startled homeowners that this liability rests with them.

0:38:030:38:08

Once Helen had got over the shock,

0:38:080:38:10

she started looking into what this would actually mean for her.

0:38:100:38:13

I realised that it wasn't going to go away,

0:38:150:38:18

that it was being left to individuals to try and sort it out,

0:38:180:38:22

and that therefore we had to do something for ourselves.

0:38:220:38:25

In Edingale, three other homes had received the same letter.

0:38:250:38:29

And what worried Helen and her neighbours the most

0:38:290:38:32

was the effect this could have on the value of their homes,

0:38:320:38:35

because selling a house with such a potential liability

0:38:350:38:38

would most likely make any property less attractive.

0:38:380:38:41

It could make it very difficult for me to sell my property,

0:38:410:38:46

or at least certainly involve me having to sell it at a discount,

0:38:460:38:50

which actually for me is quite significant,

0:38:500:38:52

because this is my main asset.

0:38:520:38:55

The church was able to give them some reassurance.

0:38:550:38:57

The warden came round and told Helen that the building was in good

0:38:570:39:01

repair, so they were very unlikely to make a claim.

0:39:010:39:04

It was good news for the short term,

0:39:040:39:06

but it didn't remove the concern over future buyers.

0:39:060:39:09

And it certainly didn't mean a claim at some stage could be

0:39:090:39:13

completely ruled out.

0:39:130:39:14

That's something that homeowners Andrew and Gail Wallbank,

0:39:140:39:17

from a completely different parish in Warwickshire,

0:39:170:39:20

found out, after learning that they, too, had a liability

0:39:200:39:23

for chancel repair.

0:39:230:39:25

Well, in 1990, we received a letter asking for help repairing

0:39:250:39:29

the chancel. Originally, they were sort of looking at the window

0:39:290:39:32

repairs, and I think they were looking at about £2,000 a window.

0:39:320:39:36

When they queried it, they were told that they were in fact legally

0:39:360:39:39

obliged to help pay, so they decided to fight the case.

0:39:390:39:42

An 18-year-long legal battle ensued,

0:39:420:39:45

and, ultimately, the couple lost their case.

0:39:450:39:48

They were forced to pay to fix the chancel,

0:39:480:39:50

and they had to pay the legal costs as well.

0:39:500:39:53

Something like 250,000 for repairs to the chancel.

0:39:530:39:57

And, I mean, our legal bills were almost as much again.

0:39:570:40:02

Although that was devastating news for the Wallbanks,

0:40:020:40:04

it did at least mean that such potential liabilities

0:40:040:40:07

started to be looked into more carefully.

0:40:070:40:10

Since the judgement came down,

0:40:100:40:13

most conveyancing solicitors do,

0:40:130:40:16

as a matter of course, search to see whether there may well be

0:40:160:40:21

a potential liability to chancel repair on your property.

0:40:210:40:25

And if there is,

0:40:250:40:27

buyers can take out insurance against any claims that the church

0:40:270:40:31

might make in the future,

0:40:310:40:33

all of which is encouraging for people buying houses now,

0:40:330:40:37

but not for those like Helen,

0:40:370:40:38

who bought their home before the Wallbanks lost their court case,

0:40:380:40:42

and have been left wondering what the future impact could be.

0:40:420:40:46

The property could be unmortgageable,

0:40:460:40:49

or I could have to sell it at a significant discount.

0:40:490:40:52

I think it is the fact that the legislation isn't fit

0:40:520:40:56

for purpose that makes the impact of chancel repair liability

0:40:560:41:01

far worse than it needs to be.

0:41:010:41:04

But for Helen, after months of worry, there is now good news.

0:41:040:41:08

Since we filmed in Edingale,

0:41:080:41:10

she and the other villagers have been able to reach an agreement

0:41:100:41:13

with the Parochial Church Council that resolves the situation.

0:41:130:41:17

It will see the homeowners each pay a small one-off fee to the

0:41:170:41:20

local Diocese of Lichfield, which, as well as going towards

0:41:200:41:23

any repairs in the future,

0:41:230:41:25

completely wipes out the liability from all the houses affected,

0:41:250:41:29

meaning therefore that no home will be devalued,

0:41:290:41:32

and they can now live free of the fear of an unexpected repair bill.

0:41:320:41:35

The Diocese told us it's "delighted"

0:41:350:41:38

that "a workable co-operative solution has now been found".

0:41:380:41:42

It's not necessarily a solution that would work in other parishes

0:41:430:41:46

elsewhere. But here, too, there is some positive news.

0:41:460:41:50

A bill has been introduced to the House of Lords that,

0:41:500:41:53

if passed, would abolish chancel repair liability forever.

0:41:530:41:58

So the ghost of Henry VIII's long-lived law could soon

0:41:590:42:02

finally be laid to rest.

0:42:020:42:04

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

0:42:110:42:14

more of your stories. You can write to us at...

0:42:140:42:17

Or send us an e-mail to...

0:42:250:42:27

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

0:42:300:42:34

Well, as we've seen, if the security of your home is

0:42:370:42:40

thrown into doubt, it can be absolutely devastating,

0:42:400:42:43

especially when the threat is down to something

0:42:430:42:45

that's completely outside your control,

0:42:450:42:47

or to do with an event that hasn't even happened yet.

0:42:470:42:49

But it certainly does seem that in at least some of the cases

0:42:490:42:52

that we've been hearing about, there is a lot more that could be done

0:42:520:42:56

either to help or to stop

0:42:560:42:58

the situation from spiralling out of control in the first place.

0:42:580:43:01

For instance, in the case of the Japanese knotweed,

0:43:010:43:03

there's absolutely no reason why a plant like that,

0:43:030:43:06

however fast-growing, should make a house effectively unsellable.

0:43:060:43:10

-That's awful, isn't it?

-It's just terrible.

0:43:100:43:12

But, you know, in cases like that, it's not always easy to know where

0:43:120:43:15

or who to turn to.

0:43:150:43:17

So hopefully we've at least given you confidence that there can

0:43:170:43:20

be a solution, and even the most unexpected news to do

0:43:200:43:23

with your property doesn't have to be a disaster.

0:43:230:43:26

Now, at this point, may I say thank you very much indeed

0:43:260:43:28

for joining us for Rip-Off Britain? We'll see you again very soon.

0:43:280:43:31

So, until then, from all of the team...

0:43:310:43:33

ALL: Bye-bye.

0:43:330:43:35

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