Episode 13 Rip Off Britain


Episode 13

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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 told us about the companies you think you get it wrong

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

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If you're paying for good service, you expect a good service

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and a good product, whatever it may be.

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At the end of the day, we expect value for money.

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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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Wool has been pulled over our eyes. I don't think we get a fair price.

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I think they should always put the customer first.

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And when you've lost out but nobody 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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-And no-one could sort that out for you over ten years?

-No-one has.

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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 are out of pocket

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and what you can do about it.

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

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Hello and welcome once again to Rip Off Britain.

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And if you've ever needed help in sorting out your cash

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then you've definitely come to the right place

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because today we'll be looking at some of the things that can go wrong

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when you're trying to secure your money for the future,

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whether it is for yourself or, indeed, your family.

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Now, I know it's not exactly a cheerful business,

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planning for the worst, but mapping out your finances for whatever

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might crop up, whether it's bad or good,

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can only avoid hassle later on.

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However, you do need to know what you are doing because,

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as we are going to see, there are plenty of people around

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who may give you what turns out to be very much the wrong advice

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on what to do with your money.

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And the consequences of that happening can be disastrous.

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But, don't worry, because although there are some stories today

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that may fill you with utter horror,

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I know they certainly did me,

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and make you think very carefully about your own decisions,

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there is one story that really does prove that, even when things may

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look at their very bleakest, it is always worth persevering with

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a complaint and not giving up

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because this is a tale that ends with

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what could be the biggest pay-out we have ever heard of.

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Coming up, it's Rip Off Britain to the rescue

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after this man's illness left him unable to work

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but without the financial support he thought that he'd put in place.

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I feel incredibly angry

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but helpless at the same time.

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And what would you do if your bank

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remains utterly convinced that you are dead?

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I said to him, "I'm on the phone to you now. How can I be deceased?"

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Well, I guess that most of us know there's been something of a

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revolution in the world of pensions recently with the biggest shake-up

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that we've seen for decades on how they exactly work.

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The changes have been broadly welcomed by most financial experts

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because they do give a lot more flexibility

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on how you support yourself through retirement,

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and they maybe even give you an opportunity

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to cash in your pension early.

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But it's not all good news for anyone planning ahead for the future.

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Greater access to our pensions has also opened the doors to

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plenty of outfits who may try and entice you into taking advantage

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of what could be described as free pension reviews,

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a one-off investment opportunity or even a legal loophole.

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So, watch out because, as happened in these next cases,

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the money that you have spent your entire working life saving for

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could vanish overnight

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and there will be very little you can do to get it back.

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In 2011, Gary Tuff was really struggling financially.

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Having lost his job as a manager at a software business,

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he'd racked up debts of over £30,000 on credit cards and loans,

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and the repayments and interest were getting increasingly unmanageable.

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Over a period of time, financial pressures had grown

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to a point where it had become clearly evident that something

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needed to be done to release the pressure.

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Gary needed a way out of his problems fast.

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You get to a point where you say, "Enough is enough."

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So I need to make a fairly significant decision now

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and that's what I did.

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Desperate for a solution,

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Gary contacted a company of independent financial advisers.

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They told him about a scheme that seemed to be the answer

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to his problems, by freeing up money from his pension.

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On the surface, with the amount of monies that it could release,

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it sounded like a very appropriate way to go forward.

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Gary was told that, by signing up to a type of what is often called

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a pension liberation scheme,

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he'd immediately be able to make use of his entire £167,000 pension pot.

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Half of it would be invested on his behalf,

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but the scheme, run by a company called Ark Business Consulting,

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apparently allowed Gary to get his hands on the rest.

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£83,000 in a lump sum within just seven days.

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It's almost like someone waving a lottery ticket

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in front of your face, saying,

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"This is the winning ticket and your money worries are over."

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So...that's life-changing.

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Because, at 47, Gary was too young to cash in his pension pot,

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you normally need to be 55 to do that, the lump sum would be a loan.

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And it seemed that by giving him the money as a loan,

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Arc had found a way for people to make use of their pension sooner.

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It sounded plausible to Gary.

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But with so much at stake, he wasn't yet completely persuaded.

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I needed convincing that, first of all, this was a legal investment.

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And it was explained to me that this was brand-new,

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that this was literally weeks old, that there was nothing out there.

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It was a loophole being exploited quickly.

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Further reassurance came when the financial adviser said

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that not only was the Arc scheme

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properly registered with HMRC,

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but 15 of their other clients had also signed up -

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one of whom was their company director -

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and Gary was finally swayed.

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All that was left for him to do was sign a contract allowing Arc

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to withdraw all of his £167,000 pension.

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I was quite convinced that this sounded like it was going to work.

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It apparently was an acceptable way to liberate your pension.

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But the seven days in which Gary was told

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he would effectively receive half of his pension pot came and went.

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I went on to the internet, searched for the name of the company,

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the investment vehicle, Arc, and I could see that other people

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had commented in a blog that they had concerns, as well.

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That something had gone, as they said, "smelly".

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It almost stops you being able to breathe because you think,

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"Oh, my goodness. What's about to happen here?"

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And it seemed the money he'd invested could be lost, as well.

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When Gary spoke to his financial advisers, the news wasn't good.

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The Arc scheme wasn't the loophole that it first appeared.

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In fact, The Pensions Regulator had decided that the scheme was

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operating unlawfully.

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That meant no lump sum as it was classed as an unauthorised payment.

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It is as if someone has just taken that lottery ticket

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and ripped it up in front of your face.

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With his financial advisers declaring

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that this was nothing to do with them,

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Gary turned to The Pensions Regulator

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in the hope that they would be able to help,

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but what they had to add was even more devastating.

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The loan Ark had taken from his pension pot

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was taxable at a rate of 55%,

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so not only was Gary facing the prospect of having

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lost his £167,000, but he also faced the very real

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possibility that he owed the taxman nearly £46,000.

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To say that that was the most challenging time of my life

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is not to put too fine a point on it.

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Gary's story is depressingly familiar to Sean Browse,

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who investigates pension schemes on behalf of The Pensions Regulator.

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He's currently looking into around 60 similar cases.

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Many other people are encouraged to join these types of schemes.

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Yes, they may be given access to a cash sum, but the price

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they pay for that is being exposed to significant tax penalties.

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They run the risk of their pension funds being

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invested in highly-risky investments.

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Some of the schemes that Sean and his team

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are investigating were entirely bogus,

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including the one that Jane Hammonds was talked into signing up to.

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In 2013, she invested her £129,000 pension pot

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into a scheme that was known as Iron Stream,

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but it turned out to be totally fictitious.

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I get up and do shift work for a minimum wage, and these guys

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are probably sitting on yachts somewhere drinking champagne.

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Jane has come to meet Sean to see

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if there's any hope of tracking down her cash.

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What are the chances of me ever seeing any of it again?

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I have to say that the chances are probably quite slim.

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The warning signs are there.

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OK. That's actually just made me feel sick.

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-I'm not surprised.

-Um... Yeah.

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We will do all that we can to find this money.

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And if we can't find it, we will do all we can

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-to go after the people that have spent your money.

-Mm.

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It's estimated that up to £1 billion has been lost

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to pension-liberation schemes like these,

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with most of the cash disappearing into thin air.

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The government has issued stark warnings

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about such opportunities, saying that most schemes are bogus

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and that once money is transferred into a scam, it's too late.

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Which means that Gary's fears that he's lost his money

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are, sadly, likely to be correct.

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But what about Gary's money?

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We asked Ark Business Consulting, who ran the scheme in which

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Gary put his £167,000, where exactly has his money gone?

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It told us that's its scheme was taken over by The Pensions Regulator

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before Gary's funds were received from his pension provider,

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so they have no idea what has happened to his cash,

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and it insisted that everything it did was transparent.

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So we went back to Sean Browse's team,

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who were appointed as trustees of the Ark scheme by The Pensions Regulator.

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They told us that, at the time the scheme was stopped,

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the transfer of Gary's funds was still in progress.

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So, given the recoveries that they've made to date,

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they're optimistic that he will get some of his money back,

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though it might still come with a hefty tax bill.

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And with HM Revenue & Customs reiterating its advice

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to be wary of any such pension schemes,

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personal finance expert Sarah Pennells has advice to keep in mind

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if what seems like an opportunity does come along.

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There's a magic age of 55 and, if you're younger than that,

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then you can't, under the rules,

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take money out without either being seriously ill

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and only having months or a year or so to live,

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or having to pay a large tax charge.

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And for those people who are aged 55 or over,

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there are some companies who are trying to persuade you

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to put your money into either high-risk,

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high-charge or unregulated investments.

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If a company promises returns that are way above anything

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that anybody else is offering you, that's often a bad sign.

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If they're a financial advisor, always check the regulator,

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the Financial Conduct Authority's Register,

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because that will tell you whether they are genuinely registered

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and therefore regulated.

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The recent pensions reforms have created new opportunities of

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which some companies and scammers have been quick to take advantage,

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so the best advice is to steer well clear of any business

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that links pension reforms to one-off investments, loans or upfront cash.

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Some of them will cold call with recorded messages. Don't respond.

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Meanwhile, Gary is still struggling

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to come to terms with what's happened.

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Every day, actually, I ask myself, "How could this have happened?"

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All of a sudden, you could face the rest of your life without

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any financial comfort whatsoever,

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so it's a very, very difficult process to manage in your head.

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Now, if you ever become so ill that you're unable to work,

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you're still going to need a way of paying your bills,

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that's why so many of us take out

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some kind of income-protection insurance

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to safeguard ourselves if the worst happens and our regular income stops.

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Ian Tallach did that several years ago.

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He hoped it was just a precaution

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and that he'd never need to make a claim on the policy,

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but then he did have to make a claim and his cover didn't pay out.

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Ian was convinced he'd been treated unfairly, so he came to us.

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Extra! Extra! Read all about it!

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If you couldn't work due to a serious illness, how would you manage?

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Could you survive on savings or on sick pay?

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250,000 people per year have to stop work due to ill health.

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More people insure their pets than their income.

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Extra! Extra! Read all about it!

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Only around 10% of us have taken out income-protection insurance.

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The cover that, if the worst should happen, is designed to step in

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and pay a proportion of your earnings so you can still live comfortably.

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In Balnain near Loch Ness,

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former paediatric doctor Ian Tallach is one of those who did take out

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an income-protection policy when his wife was expecting their first child.

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We thought it was about time that we got responsible

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and started doing something for our future

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because it wasn't just our future,

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it was the future of our children, as well.

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But in June 2011, a year after taking out the policy,

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Ian started to experience a weakness in his right leg.

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I became increasingly aware that my right leg was leaden and,

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er...I was unable to move it.

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I began to think that there was something here that would

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probably need investigated in a hospital setting.

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Shortly afterwards, when it was investigated,

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Ian was diagnosed with Multiple Sclerosis or MS.

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MS is a disease of the central nervous system

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and affects around 100,000 people in the UK.

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No-one knows the exact cause but, over time,

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it can lead to significant disability.

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In the months following his diagnosis, Ian began to experience

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difficulties in walking, plus pins and needles in his right arm,

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chronic fatigue and short-term memory problems.

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And he and his family soon had grave concerns

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about the progression of the disease.

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What I've been told is that additional support of some

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kind or another will be required,

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whether it's just a walking aid, or perhaps a wheelchair,

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but the future is very, very uncertain.

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By June of 2014, Ian's condition had deteriorated

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so much that he had no choice but to quit his job.

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Unable to work, he was initially relieved that he'd taken out

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that income-protection insurance.

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For almost four years,

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he'd been paying a monthly premium of £66.34 to Friends Life,

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which he'd hoped would give him a monthly income until he turned 60.

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But Ian was in for a real shock when he contacted Friends Life

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to make what he'd assumed would be a routine claim.

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The company came back to him in February 2015

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with the devastating news that it would not be accepting his claim

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and, therefore, would not be paying out the cover he expected.

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I was extremely distressed.

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It's true to say that my wife

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and I were both in despair for a length of time.

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I can't even begin to describe how we felt.

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A mixture of sadness, despair, anger, helplessness.

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This has made things extremely difficult for our family.

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So, what was the reason for not paying out?

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The company said it was because

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Ian had failed to tell them about some brief episodes

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of blurred vision he'd experienced back in 2004

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as part of the medical questions routinely asked

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by most insurers for this type of policy.

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Friends Life had asked Ian about his eyesight,

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which included a reference to blurred vision.

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Now, blurred vision can be one of the many early symptoms of MS,

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but as these episodes had been fleeting

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and long before any other problems became apparent,

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Ian hadn't considered them to be significant.

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The main reason why I wasn't concerned was that these episodes,

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each of them, spontaneously resolved after about five seconds.

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Given that they never impaired my actual forwards vision

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or my ability to function in any way, they didn't worry me.

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And when, six years later,

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he'd been taking out his policy with Friends Life and telling the company

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his medical history over the phone,

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Ian hadn't given these brief episodes a second's thought,

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so he hadn't mentioned them.

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It was only 13 months later, when the diagnosis of MS was being made,

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that these episodes were brought to mind.

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It didn't help Ian's case that his consultant's report

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when diagnosing his MS mistakenly said he'd previously

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experienced blurred vision for several months,

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rather than the few seconds that Ian claimed.

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But in any case, Friends Life now told him

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that had it known about any episodes of blurred vision, however brief,

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he wouldn't have been eligible for the policy in the first place.

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The key question is whether or not the symptom experienced in 2004

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for which reason this policy has been discredited

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was material or in any way relevant to MS

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and the answer is unequivocally no, it's not.

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It has no predictive value at all when it resolves after five seconds.

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I feel incredibly angry, but helpless at the same time.

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Friends Life reneging on this policy

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means that we do not have financial stability for our children.

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The company did say it would refund

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the premiums he'd paid over the years.

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But, in despair and worried about his family's future,

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it was at this point that Ian contacted us.

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Now, when we got in touch with Friends Life about their decision

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not to pay out, it was a dramatic change in the company's position.

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The company told us it would now start to pay Ian's claim after all

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and would like to apologise to Ian

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for any distress caused to him and his family.

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It said that, following a second review of his claim, the insurer

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"felt that, on balance, it was reasonable"

0:19:270:19:29

for Ian to have answered the questions the way he did

0:19:290:19:33

when he took out the policy.

0:19:330:19:35

Although it reiterated that, had they had all the information

0:19:350:19:38

from the outset, the cover available to him might have been limited.

0:19:380:19:42

Friends Life stressed that it always follows a

0:19:420:19:45

"robust claims assessment procedure",

0:19:450:19:48

and is, "committed to paying as many claims as possible".

0:19:480:19:52

In 2014, paying out more than £265 million

0:19:520:19:56

in protection claims to over 7,000 people.

0:19:560:20:00

For Ian and his family, given the circumstances,

0:20:010:20:04

it's the best news they could hope for.

0:20:040:20:07

And while his experience is a reminder of just how careful

0:20:070:20:10

you need to be when buying any sort of health cover,

0:20:100:20:13

particularly one you may depend on in the future,

0:20:130:20:16

when we spoke to Ian again over the internet,

0:20:160:20:19

his utter relief about the company's change of heart was obvious.

0:20:190:20:24

The relief was indescribable whenever it dawned on me

0:20:240:20:29

that Friends Life were going to pay out in full.

0:20:290:20:31

It was only possible to...

0:20:310:20:35

to continue fighting because of your involvement

0:20:350:20:40

and the Financial Ombudsman Service,

0:20:400:20:43

and the encouragement of the wider family.

0:20:430:20:46

It's really just made a colossal, indescribable amount of difference,

0:20:460:20:51

so thank you.

0:20:510:20:52

Still to come on Rip-Off Britain -

0:21:010:21:03

after a talk with one of my sons,

0:21:030:21:04

when is the right time to discuss a future

0:21:040:21:07

that no-one really wants to think about?

0:21:070:21:09

I guess this is a really odd conversation.

0:21:110:21:13

It's a tricky one because it's almost - who mentions it first?

0:21:130:21:17

For two days only, we came to the heart of the East Midlands.

0:21:220:21:25

Welcome to Nottingham.

0:21:250:21:27

It's because you write to us and email us with your consumer problems

0:21:290:21:33

in your hundreds that we open up our popup shop.

0:21:330:21:37

And, you know, it's not just a great opportunity for us to be able

0:21:370:21:40

to meet all of you face to face,

0:21:400:21:42

but it means we can also give you on-the-spot advice.

0:21:420:21:45

Sadly, for Chloe White, it was a little too late.

0:21:470:21:50

She came to see Trading Standards expert Sylvia Rook for advice

0:21:500:21:54

after bagging what, at first, seemed to be a bargain pair of trainers.

0:21:540:21:58

I went online to purchase some and they seemed to be not right.

0:21:580:22:05

-So, how much do these trainers normally sell for?

-£120.

-Oh, right.

0:22:050:22:10

-And how much were these?

-£60.

0:22:100:22:12

Did it make you a little bit suspicious that they were cheap?

0:22:120:22:16

It did, but I thought there was a sale.

0:22:160:22:18

I'm not an expert in counterfeits,

0:22:180:22:20

but there are issues with the way in which it's finished and things.

0:22:200:22:23

I think your concerns are absolutely right.

0:22:230:22:25

I think these are not genuine trainers.

0:22:250:22:28

If they were over £100 and you paid by credit card,

0:22:280:22:31

you'd have extra rights,

0:22:310:22:32

but because we are £60, it's a matter of contacting the bank,

0:22:320:22:36

but also contact the retailer and try and get your money back.

0:22:360:22:39

So the first thing you need to do is send an email and say you've

0:22:390:22:42

received the trainers, you're not happy, you want your money back.

0:22:420:22:46

If they'd been sold from a seller in the UK, or in the EU,

0:22:460:22:50

you always have 14 days from when you received the goods

0:22:500:22:54

that you can cancel your contract and send them back.

0:22:540:22:57

Your problem is, if they're outside the EU,

0:22:570:22:59

you don't necessarily have the same laws.

0:22:590:23:02

And Sylvia shared some of her top tips to help prevent Chloe

0:23:020:23:05

and the rest of us from being ripped off when we're shopping online.

0:23:050:23:09

Do a lot of research, particularly if it's a company you've not heard of.

0:23:090:23:12

Put the name into a search engine, see if there's any adverse reviews.

0:23:120:23:16

If it's got a .co.uk address, don't just assume it's in the UK

0:23:160:23:19

because anybody can buy that sort of address.

0:23:190:23:21

There's a website called WHOIS

0:23:210:23:23

and you can actually put the name of the website in,

0:23:230:23:26

and it will tell you where the trader is based.

0:23:260:23:29

-So good luck.

-Thank you.

0:23:290:23:31

I do hope that you'll manage to get your money back on it.

0:23:310:23:34

While some of our experts were helping you in our shop,

0:23:370:23:40

others were out and about in the rest of the shopping centre

0:23:400:23:42

and its market, where James Daley was dishing out pointers

0:23:420:23:46

on how to keep down the cost of your home insurance.

0:23:460:23:50

One of the things people are asked when they're buying a home

0:23:500:23:52

insurance policy is, are you at home in the day?

0:23:520:23:55

They end up saying, "Well, I think I'll say I am at home

0:23:550:23:59

"because surely that'll make my home insurance cheaper."

0:23:590:24:01

Actually, it doesn't. It can be the opposite

0:24:010:24:04

because the chance of you being burgled is actually less than

0:24:040:24:07

the chance of you causing a lot of damage by being at home.

0:24:070:24:10

And technology specialist Jeremy Boone was explaining

0:24:120:24:15

how responding to the messages you're sent on social media

0:24:150:24:18

can help you make the most from big name brands.

0:24:180:24:22

-If it's a brand you like, I'd recommend messaging them.

-Why?

0:24:220:24:25

You can get quite a lot of good opportunities through it.

0:24:250:24:27

-Like what?

-We've had free merchandise, offers for discounts,

0:24:270:24:31

especially clothing retailers.

0:24:310:24:33

There are millions of different retailers you could shop from.

0:24:330:24:36

They chose to speak to you, so they want you to message them back.

0:24:360:24:38

If you tell your friends, they'll message you even more. Trust me.

0:24:380:24:42

Meanwhile, at what we call our Gripe Area,

0:24:430:24:45

there was a constant flow of people coming to tell us

0:24:450:24:48

about the things that get them hot under the collar.

0:24:480:24:50

-ALL:

-Oooo!

0:24:500:24:52

I was hiring a car, booking it for a special event.

0:24:550:24:58

I booked online, but at the last minute, I decided to cancel it.

0:24:580:25:02

And what I didn't know was that,

0:25:020:25:03

when I cancelled it, they kept the fee.

0:25:030:25:06

And so I have basically lost my money

0:25:060:25:08

without actually booking the car, and I think that's terrible.

0:25:080:25:11

I'm annoyed with the constant phone calls about PPI claims.

0:25:110:25:15

They have all our information,

0:25:150:25:17

even claiming that we've had a loan with the bank, which we never have.

0:25:170:25:21

Energy bills are so high.

0:25:210:25:23

It is a rip-off. It's just unfair.

0:25:230:25:27

Now, here is an extraordinary situation

0:25:300:25:32

and, to be honest, it's one we have never come across before.

0:25:320:25:35

Just imagine how you'd feel if, in spite of being fit and healthy,

0:25:350:25:40

you discover that according to your bank,

0:25:400:25:43

they decided that for the past year, you've been dead.

0:25:430:25:47

A bit far-fetched?

0:25:470:25:49

Well, I can promise you that the man who found himself in that position

0:25:490:25:53

finds that it continues to have an extraordinarily

0:25:530:25:57

terrible effect on his life,

0:25:570:26:00

so we set out to discover how it is possible that someone who is

0:26:000:26:03

very clearly very much alive

0:26:030:26:05

can suddenly be considered to be deceased.

0:26:050:26:09

And why such an obvious error cannot simply be put right.

0:26:090:26:13

It was after a night out with his girlfriend Georgina

0:26:180:26:21

that 25-year-old legal assistant Ashley Flynn had the first clue

0:26:210:26:25

that something wasn't quite right with his bank account.

0:26:250:26:28

I went up to Lloyds Bank and put my card in, and the card came back out.

0:26:340:26:39

And it said, "You're unable to draw any money out."

0:26:390:26:42

I came back to you and said, "Can I borrow £40-£50 for my night out?"

0:26:420:26:46

-And you was, like, "Really?"

-How embarrassing.

0:26:460:26:49

With all my friends, as well.

0:26:490:26:51

So the first thing Ashley did on Monday was to contact his bank

0:26:520:26:56

and ask why his card had been rejected,

0:26:560:26:58

but he couldn't believe the explanation he was given.

0:26:580:27:02

When I rang the bank, the lady on the phone said,

0:27:020:27:04

"Oh, you've been deceased". And I was, like, "Deceased?"

0:27:040:27:07

She said, "Yes. I've declared you deceased".

0:27:070:27:10

I said, like, "I'm on the phone to you now, how can I be deceased?"

0:27:100:27:12

I can't believe you found it funny.

0:27:120:27:14

I did find it funny at first and I was telling my friends at work,

0:27:140:27:17

and my manager said to me, "I think you need to go up to the bank".

0:27:170:27:19

It needed sorting, there and then.

0:27:190:27:22

You don't just get declared deceased for no reason.

0:27:220:27:24

But, for some reason, Lloyds Bank considered Ashley was dead.

0:27:240:27:30

But, despite the obvious evidence to the contrary,

0:27:340:27:36

it seemed this wasn't easily put right.

0:27:360:27:39

When Ashley contacted the bank's fraud team,

0:27:390:27:42

they told him to go back to his local branch with ID

0:27:420:27:45

to prove that he was actually alive.

0:27:450:27:47

But when he did that, he was again told to contact the fraud team.

0:27:470:27:52

It seemed clear to Ashley that his bank had no idea what to do

0:27:530:27:56

if a man that they thought was dead suddenly showed up

0:27:560:28:00

wanting access to his account.

0:28:000:28:01

Nobody could believe it.

0:28:060:28:07

It was at the end of January and I'd just been paid, as well,

0:28:070:28:10

so my whole wage was in there and it froze all my phone bills

0:28:100:28:14

and all my direct debits.

0:28:140:28:15

Unable to touch his cash, Ashley was in limbo.

0:28:160:28:20

And his bank seemed at a total loss as to how to resolve the situation.

0:28:240:28:28

One of the supervisors at the Lloyds in Scotland said

0:28:300:28:33

I need to prove that I'm actually declared deceased.

0:28:330:28:36

And I was, like, "Well, it's on your statements. It's on your documents".

0:28:360:28:40

And he's, like, "It's not.

0:28:400:28:42

"I'm looking at my system now and your account's fully up and active."

0:28:420:28:45

It's been two weeks now and I'm still classed as deceased.

0:28:450:28:48

My money from my company is still just floating around

0:28:480:28:51

and I don't actually have access to it,

0:28:510:28:53

so I'm borrowing money off everyone.

0:28:530:28:54

I think that's when we thought it wasn't a joke

0:28:540:28:56

-and we started to panic.

-That was scary.

0:28:560:28:59

We're just two normal people

0:28:590:29:00

and how are we supposed to go up and prove ourselves

0:29:000:29:03

and fight against the bank?

0:29:030:29:05

With no way of accessing his own money,

0:29:050:29:09

Ashley asked his boss to pay his salary into Georgina's account.

0:29:090:29:13

My friends used to say, "You're getting pocket money off your girlfriend!"

0:29:130:29:16

I was, like, "Well, no. I'm declared dead".

0:29:160:29:19

And they're all laughing, saying, "Of course you are!"

0:29:190:29:22

I couldn't even treat you without asking you for the bank card.

0:29:220:29:25

Oh, no. You'd have to ask your mum.

0:29:250:29:28

On the advice of a friend,

0:29:280:29:29

Ashley took his case to the Financial Ombudsman.

0:29:290:29:33

But because the case was still active with Lloyds Bank,

0:29:330:29:36

who were requesting further proof, that proved a dead-end.

0:29:360:29:40

So to try and sort things out a different way, Ashley and Georgina

0:29:440:29:48

went to a different bank to open a joint bank account.

0:29:480:29:51

It said, "Oh, no, look, you're dead on the system."

0:29:520:29:55

The bank manager was shocked and she said,

0:29:550:29:57

"You need to ring the bereavement team".

0:29:570:29:59

And the bereavement team said, "Well, is he not dead?"

0:29:590:30:02

They were, like, "No. He's got his driving licence,

0:30:020:30:04

"his passport and some documents in front of us

0:30:040:30:07

"with his address on and he's not dead."

0:30:070:30:09

Ashley was horrified to find that he was considered deceased

0:30:090:30:13

at more than just his own bank.

0:30:130:30:16

One possible way of checking his personal status was to sign up

0:30:160:30:19

to a credit-checking service so that he could see

0:30:190:30:22

if all his creditors considered him to be dead.

0:30:220:30:25

That way, he'd get the evidence

0:30:250:30:27

needed for the Financial Ombudsman to consider his case.

0:30:270:30:31

That's when we got the first breakthrough.

0:30:320:30:34

The document came through and it said I was deceased.

0:30:340:30:36

And I was, like, "Finally, we've got a leg to stand on."

0:30:360:30:39

A little bit of evidence to go with us.

0:30:390:30:41

Ashley went back to the Financial Ombudsman

0:30:410:30:45

and, at that point, Lloyds accepted full responsibility.

0:30:450:30:49

The bank was told to remove the information blocking

0:30:490:30:51

Ashley's credit rating,

0:30:510:30:53

refund the interest and the charges to his account

0:30:530:30:56

and convert the overdraft into an interest-free loan.

0:30:560:31:00

The compensation in total would be £750,

0:31:000:31:03

but Ashley felt that it didn't go anywhere near making up

0:31:030:31:06

for all the problems the situation had caused.

0:31:060:31:09

Because whilst all this had been going on,

0:31:090:31:11

Ashley and Georgina had been trying to get a mortgage.

0:31:110:31:15

But, with Ashley deemed deceased,

0:31:150:31:17

Georgina's father had to come out of retirement

0:31:170:31:20

and put his name down on the deeds.

0:31:200:31:23

But, because of his age,

0:31:230:31:24

they'd had no choice but to commit to an 18-year mortgage,

0:31:240:31:28

meaning they'd have to pay £300 a month more

0:31:280:31:31

than if it had been Ashley named on the mortgage.

0:31:310:31:34

Why wouldn't they just admit they made a mistake and rectify it?

0:31:350:31:38

Why have they had to spiral it out into such a big thing?

0:31:380:31:41

How has it managed to take so long?

0:31:410:31:43

If a manager just logged onto the system

0:31:430:31:45

when we went into the bank and looked at the two forms

0:31:450:31:48

of identification and just said, "Sorry, this is an error,"

0:31:480:31:51

I wouldn't have even looked at it going any further.

0:31:510:31:53

I would've just been, like, "That's fine."

0:31:530:31:56

And the nightmare didn't even end

0:31:560:31:57

when the bank accepted that Ashley was very much alive.

0:31:570:32:01

That felt like a massive relief, but then,

0:32:020:32:04

when they sent the first documents through saying

0:32:040:32:07

that you've got 12 months of overdraft charges

0:32:070:32:10

because you've not paid your overdraft,

0:32:100:32:13

-and then there was, like, £900 worth of...

-Charges.

0:32:130:32:16

..charges come through.

0:32:160:32:19

Ashley was not happy.

0:32:190:32:20

He can't see why he should be left with any of the problems

0:32:200:32:24

that came about during the time that the bank thought he was dead.

0:32:240:32:27

Over the past two years, one in three borrowers

0:32:290:32:31

who've checked their credit reports say they have discovered a mistake.

0:32:310:32:35

So we've asked the British Banking Association

0:32:360:32:39

for some advice if you find an error.

0:32:390:32:41

What's really important is that when a mistake is made, it's cleared up.

0:32:410:32:45

If you've got to eight weeks and the issue still hasn't been resolved,

0:32:450:32:48

the bank is seeing things differently from you,

0:32:480:32:50

ask for a deadlock letter. Once you've got that letter,

0:32:500:32:53

you can go to the Financial Ombudsman Service.

0:32:530:32:55

That is a really useful, free, impartial service

0:32:550:32:58

that will take up your complaint and look at it afresh.

0:32:580:33:01

When we contacted Lloyds Bank,

0:33:010:33:03

it told us that it was "very sorry"

0:33:030:33:05

for the difficulties Ashley has experienced because of its mistake.

0:33:050:33:10

The bank said it's worked with Ashley

0:33:100:33:12

and the Financial Ombudsman Service to "put things right"

0:33:120:33:16

and will follow the instructions of the Ombudsman's findings.

0:33:160:33:20

It added that it does feel the level of compensation offered

0:33:200:33:23

is appropriate.

0:33:230:33:25

But, as Ashley doesn't feel that he can trust his life with his bank,

0:33:270:33:31

he isn't so sure he wants to trust his money with it either,

0:33:310:33:34

so he's going to stick to getting pocket money from Georgina.

0:33:340:33:38

We'd just like Lloyds to rectify their error

0:33:380:33:40

and put us in the position we were in before.

0:33:400:33:43

Not one person has contacted me from Lloyds

0:33:430:33:45

to give me a reasonable explanation

0:33:450:33:48

for why they actually declared me as being deceased on the account.

0:33:480:33:51

I can't wait for this to be dead and buried.

0:33:510:33:54

Something many of us do our best NOT to think about is

0:34:000:34:03

what might happen as we get older

0:34:030:34:05

and we lose the ability to make the right decisions at the right time,

0:34:050:34:08

and maybe no longer have the capacity

0:34:080:34:11

to manage our money or affairs ourselves.

0:34:110:34:14

So a lot of us - and I have to admit, myself included -

0:34:140:34:17

avoid having the crucial conversations with family or friends

0:34:170:34:20

that actually would help us plan ahead

0:34:200:34:22

for exactly those types of situation.

0:34:220:34:24

But with so many of you writing to us at Rip Off Britain

0:34:240:34:27

about the problems that can arise as a result,

0:34:270:34:30

it actually got me thinking a little bit more about my own family and future,

0:34:300:34:33

and led to my son Michael and I discussing those difficult

0:34:330:34:37

but absolutely crucial questions that, quite frankly,

0:34:370:34:40

I shouldn't have put off.

0:34:400:34:42

Family time,

0:34:440:34:45

moments to be treasured and never to be taken for granted.

0:34:450:34:48

But, you know, as we get older,

0:34:480:34:50

how many of us have the foresight to plan ahead

0:34:500:34:53

for who will be in control of the important decisions

0:34:530:34:56

should we become unable to think or care for ourselves?

0:34:560:34:59

If you don't plan for the future,

0:35:000:35:02

apparently things can get very complicated and very expensive.

0:35:020:35:05

So I'm meeting up with one of my sons, Michael,

0:35:050:35:08

to discuss a plan for our family future

0:35:080:35:10

that, quite frankly, neither of us truly want to talk about.

0:35:100:35:13

I guess this is a really odd conversation to have

0:35:160:35:18

and, if I'm being truthful, if I wasn't doing Rip Off Britain,

0:35:180:35:21

I probably wouldn't be having the conversation.

0:35:210:35:23

And, equally, it wouldn't be something that I would raise with you.

0:35:230:35:27

It's a... It's a tricky one because it's almost who mentions it first.

0:35:270:35:32

It's funny, really, because as I have never really thought of this before,

0:35:320:35:35

although I'm very practical in all my other financial things,

0:35:350:35:38

very practical, and I think very much in charge of it.

0:35:380:35:40

The sort of conversation I'm about to have with Michael

0:35:420:35:45

isn't going to be that easy.

0:35:450:35:46

But if you don't have it,

0:35:460:35:48

and leave things to your family to sort out much later, it could end up

0:35:480:35:51

being a costly and drawn-out process for everybody concerned.

0:35:510:35:55

As it was, indeed, for Jill Hutchison from Bath

0:35:550:35:58

after her dad James was diagnosed with Alzheimer's back in 2013.

0:35:580:36:03

My dad has three children

0:36:040:36:06

and during his working life was very successful.

0:36:060:36:10

He loved playing golf.

0:36:100:36:12

He just had a lovely life, really.

0:36:120:36:15

We first started to notice that he was becoming forgetful

0:36:150:36:18

and he very quickly seemed to not be able to do day-to-day tasks,

0:36:180:36:25

so he would be forgetful about where he was

0:36:250:36:28

and how to get back from where he was.

0:36:280:36:30

And he was also quite forgetful

0:36:300:36:32

about where he'd left his money,

0:36:320:36:34

what he was doing with his money...

0:36:340:36:36

And given that he'd always been very careful with that,

0:36:360:36:39

that became a bit concerning.

0:36:390:36:41

But by the time of his diagnosis,

0:36:430:36:45

it was too late for Jill to take charge of her dad's finances

0:36:450:36:48

and, indeed, his care needs.

0:36:480:36:50

James was no longer deemed legally able to give his consent,

0:36:500:36:54

which forced the family into months of toing and froing,

0:36:540:36:57

gathering evidence from his medical team

0:36:570:37:00

and visiting James's lawyer in Edinburgh,

0:37:000:37:03

in order to convince them that the family

0:37:030:37:05

should have the right to act in James's interests.

0:37:050:37:08

After my dad was diagnosed,

0:37:080:37:11

we confronted quite a lot of legal difficulties

0:37:110:37:14

because he was no longer seen to be of sound mind.

0:37:140:37:17

We didn't really know where to go from there

0:37:170:37:19

and felt that we'd hit a brick wall.

0:37:190:37:23

Of course, all of that could have been avoided

0:37:230:37:25

had James signed a legal document that in England and Wales

0:37:250:37:29

is called a Lasting Power of Attorney or LPA.

0:37:290:37:32

It means that you're able to nominate someone you trust

0:37:320:37:36

to handle your affairs IF you become unable to do it yourself.

0:37:360:37:39

Well, it seems pretty clear to me

0:37:390:37:41

that registering a Lasting Power of Attorney

0:37:410:37:44

is a truly sensible thing to do

0:37:440:37:45

in terms of planning for your family's future.

0:37:450:37:48

But then you hit the big question - when are you supposed to do it?

0:37:480:37:51

When is the right time?

0:37:510:37:53

And how do you go about it?

0:37:530:37:54

There's a common misconception that

0:37:540:37:56

Lasting Power of Attorney should be made

0:37:560:37:58

when someone starts to lose mental capacity or, indeed, has lost it

0:37:580:38:02

and that's completely wrong.

0:38:020:38:03

Because, of course, if you've lost mental capacity,

0:38:030:38:05

you can't make a Lasting Power of Attorney.

0:38:050:38:08

'I've brought Michael along to sit down with solicitor Gary

0:38:080:38:12

'and find out what all of this really means for our futures.'

0:38:120:38:16

The correct time to be making Lasting Power of Attorney

0:38:160:38:19

is when you've got capacity,

0:38:190:38:20

when you feel comfortable about making a choice about your future.

0:38:200:38:24

But who then decides when you don't have capacity?

0:38:240:38:27

The law says everyone has capacity until it can be proved otherwise.

0:38:270:38:32

Now, I can see the logic of all of that,

0:38:320:38:34

but I must admit, as yet, deep down,

0:38:340:38:36

I don't like the idea of handing over this level of power

0:38:360:38:40

if there's a chance that anybody could act against my wishes.

0:38:400:38:43

Making a Lasting Power of Attorney

0:38:430:38:45

is not signing everything over at that point in time.

0:38:450:38:48

It's being sensible and just planning for that day in the future.

0:38:480:38:52

As Jill found out,

0:38:530:38:54

failing to nominate a Lasting Power of Attorney early on

0:38:540:38:58

can prove time-consuming and frustrating

0:38:580:39:01

when decisions need to be made.

0:39:010:39:03

In the end, her situation was resolved

0:39:030:39:05

thanks to the intervention of her dad's consultant,

0:39:050:39:08

who helped the family get the Lasting Power of Attorney

0:39:080:39:11

that they needed.

0:39:110:39:13

The consultant wrote a letter to the lawyer to say

0:39:130:39:17

that, as far as he was concerned, my dad was capable of giving

0:39:170:39:20

that Power of Attorney to us

0:39:200:39:22

and that was what my dad wanted.

0:39:220:39:23

And, in the end, the lawyer agreed.

0:39:230:39:26

You can set up a Lasting Power of Attorney yourself

0:39:260:39:30

for the £110 that it costs to obtain the document

0:39:300:39:32

or, if you prefer, leaving it to the experts,

0:39:320:39:35

you can pay a solicitor to set one up for you.

0:39:350:39:38

It's probably around £500, £600 to go and see a solicitor,

0:39:380:39:42

to sit down, have a conversation like this

0:39:420:39:45

and talk about all the options.

0:39:450:39:47

The other option is to do it yourself.

0:39:470:39:49

Lasting Powers of Attorney

0:39:490:39:50

are supervised by the Office of the Public Guardian.

0:39:500:39:54

You can go on to the OPG website - it's on the gov.uk website -

0:39:540:39:58

and you can bring up the Lasting Power of Attorney forms

0:39:580:40:02

and you can literally fill them in online.

0:40:020:40:04

If you don't like doing things online, you can ring up the OPG

0:40:040:40:08

and they will send you a pack in the post.

0:40:080:40:11

Now, if you do decide to do it yourself,

0:40:110:40:13

you must, must remember to register your forms with

0:40:130:40:16

the Office of the Public Guardian to make it all legal

0:40:160:40:19

and I'm quite sure my Michael has taken all of this on board.

0:40:190:40:22

Well, I didn't really know what Power of Attorney meant.

0:40:220:40:25

I thought I did and I thought it was just about people

0:40:250:40:28

who were older and potentially with a medical condition like dementia,

0:40:280:40:31

so it's something that I'm definitely going to consider.

0:40:310:40:34

I have to be really honest and say that I have learned a lot

0:40:340:40:36

through that chat between Gary and Michael, of course.

0:40:360:40:39

But what was really interesting...

0:40:390:40:41

I was only really thinking of somebody in my age bracket and beyond,

0:40:410:40:44

but what I learned is the fact that it is just as important

0:40:440:40:47

for somebody like Michael, who's young,

0:40:470:40:49

to think about that Power of Attorney.

0:40:490:40:51

And it's certainly given me food for thought.

0:40:510:40:53

I've done my will, I'm looking at inheritance tax,

0:40:530:40:55

and Power of Attorney is next on the list.

0:40:550:40:58

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

0:41:050:41:08

more of your stories.

0:41:080:41:10

Confused over your bills

0:41:100:41:11

or feel you're paying well over the odds?

0:41:110:41:13

It's far too small

0:41:130:41:15

and it's done on purpose, so that you can't actually read it.

0:41:150:41:18

People will look at it and say, "I can't be bothered reading that."

0:41:180:41:21

Unsure what to do when you discover you've lost out

0:41:210:41:24

and that great deal has ended up costing you money?

0:41:240:41:28

People are buying into this - I did -

0:41:280:41:30

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

0:41:300:41:34

You might have a cautionary tale of your own

0:41:340:41:36

and want to share the mistakes you made with us

0:41:360:41:38

so that other people don't do the same thing.

0:41:380:41:40

Just fobbed off completely...and very disappointed.

0:41:400:41:44

You can write to us at...

0:41:440:41:46

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

0:41:530:41:56

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

0:41:590:42:05

Well, as we've just seen,

0:42:060:42:08

battling on even when it looks as if you're getting nowhere

0:42:080:42:11

really can reap rewards, sometimes in a way that's truly life-changing.

0:42:110:42:15

It just goes to show how important it is to explore

0:42:150:42:18

every avenue available when it comes to fighting for your rights.

0:42:180:42:22

But of course, as our stories have shown, it can be a very long

0:42:220:42:25

and drawn-out process with a lot of soul-searching along the way.

0:42:250:42:29

And indeed, there are some situations where, sadly,

0:42:290:42:31

it may turn out that, for whatever reason,

0:42:310:42:33

you didn't make the right decisions.

0:42:330:42:35

But, when that is the case, telling us can

0:42:350:42:37

at least mean that we make sure that others don't end up

0:42:370:42:40

getting caught out in the same way.

0:42:400:42:42

So, as ever, if you've got something that you think that we

0:42:420:42:45

and indeed the entire Rip-Off Britain team should be investigating,

0:42:450:42:48

then please, do get in touch with us,

0:42:480:42:50

because we do really love to hear from you.

0:42:500:42:52

And, whenever possible, we do want to help.

0:42:520:42:55

But I'm afraid that it's on that note that we have to leave you for today,

0:42:550:42:58

because, once again, we've run out of time.

0:42:580:43:01

But, we will be back with lots more of your stories very soon.

0:43:010:43:04

So, until that happens, thanks for joining us today.

0:43:040:43:07

-And from everyone on the Rip-Off team, bye-bye.

-Bye-bye.

-Goodbye.

0:43:070:43:11

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