Episode 20 Rip Off Britain


Episode 20

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Transcript


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

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and you contacted us in your thousands.

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

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

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I've complained and complained and nobody takes any notice of me.

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In all honesty, I think it's just a way for the shops to make more 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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You don't want to spend any more but, yet, they're always trying

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to offer you little things extra.

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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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Rang up the company and they went, "Oh, it isn't our fault."

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So, whose fault is it?

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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, as ever, we're all about

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making sure that you get what you expect from the companies with whom you do business

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without any unexpected surprises a bit further down the line.

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And, you know, that's particularly important when

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you've gone to them for some kind of expert help or assistance.

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You know, an awful lot of companies like to make a big deal about being

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there to help you sort out a problem or perhaps even escape a

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situation altogether but as the people we'll meet in today's

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programme found out - I'm afraid, to their cost -

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just because a company says

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that it's uniquely placed to help you out,

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it doesn't always mean that that's exactly what's going to happen.

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And, in fact, in some cases, they may end up doing the very opposite

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of what was promised and actually make things a whole lot worse.

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So, watch and learn.

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We'll have some tips and advice to help you tell which companies

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really are the experts they claim to be

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so that you don't end up in situations like the ones we're going

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to be hearing about.

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Coming up...

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How one family's house move went disastrously wrong when

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the remover men turned rogue after loading up the van.

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I actually felt at this stage that my goods were being held to

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hostage and I was just totally powerless.

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And a company supposed to help its customers become debt-free,

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but, instead, left them owing thousands more.

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I felt totally robbed. The job I'd paid them to do, they didn't do.

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Ten years down the line, we're in more debt than when we started.

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Now, moving house is said to be right up there among the most

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stressful events of your life.

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One of the worst moments of all comes right at the end when

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you pack up all your precious belongings and hope to

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goodness they all arrive in one piece.

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It's why many of us put our trust in the experts,

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booking a removal company to do the job for us.

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But here's a terrifying example of what can happen if that goes wrong

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and the removers fail spectacularly to live up to expectations.

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It was one of the worst days ever.

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And I would hate for anybody else to go through what we did that day.

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Val Churchill's removal experience soon became a nightmare even

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though she'd found a company she was confident she could trust -

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an apparently local firm offering what seemed a great deal.

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Reassurances that they'd actually offered was there'd be

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a supervisor and two movers and that they would take care of everything.

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So, they would professionally wrap our mattresses, they would

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wrap all of our televisions, it was all going to be taken care of.

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Val had gone for a business called Wilson Removals Oxford -

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not to be confused with companies of a similar name.

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And what had clinched the decision was that, unlike most of the

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other firms she had looked at, the company appeared to belong to

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one of the very few trade bodies in the removal industry.

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In this case, the Professional Movers Association

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which gave her the peace of mind to go ahead.

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I really believed that these guys were good, honest guys

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that were going to do a good job.

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The company was set to pack and wrap most of Val and

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her family's belongings as well as disassemble the furniture but

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on the morning of the move, Val's confidence in them took a dive.

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I looked out the window to see a large beat-up van,

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two guys got out and I'd actually gone out to ask them

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if they was lost and they said, "No, we're actually the removals."

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My heart just sunk.

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On top of that, there were only two removal men on the job

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instead of the promised three,

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leaving Val worried that all that wrapping and packing might

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not go as smoothly as she had hoped.

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I looked straightaway for the bags of wrapping,

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I asked about the wardrobe boxes, and I was told that,

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"No, we haven't got any wardrobe boxes."

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I realised, at this stage, that there was no wrapping material,

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there was no way that they were going to be dismantling my beds.

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All of the things that I'd been promised.

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She started to wonder whether Wilson Removals Oxford

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was actually up to the job.

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But says her calls to the company's office to query what was

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going on went unanswered.

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I decided to take some photographs

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because I realised the damage that was being done.

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My three-piece suite was being scraped along the wall and

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then it was being put in the van just on it's side and just

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being shifted straight along the ground.

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There was no coverings, there was no protection.

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Val's daughter asked the movers to prove they were insured

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for any damage and that stopped them right in their tracks.

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They both immediately walked outside, locked the back of the van.

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The movers said Val would need to settle the entire £450 bill

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for the job before they would carry on.

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They wanted that money

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and decided that they were going to drive away with our goods.

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I actually felt, at this stage, that my goods were being held to hostage.

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And I was just totally powerless.

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I decided to call the police.

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The police helped Val's husband convince the movers

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to come back and brokered a compromise that the company

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would be paid on the proviso that Val's husband travelled

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in the van with the family's belongings.

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After that, the family and their worldly goods made it here

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to their new home.

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-Hi.

-Hi, Val.

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But it was only as they started to unpack their belongings that

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they discovered the extent of the damage.

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What kind of things went wrong and what did you notice had been done?

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We've got leather three-piece suites and they scraped those against

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brick work, our wooden furniture was all scraped.

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One of our televisions, that's never worked again since.

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Val has tried to complain to Wilson Removals Oxford but says the

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company hasn't responded to any of her calls or e-mails.

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I felt completely powerless to do anything.

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Presumably, you were hoping that they were insured and you would be

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able to claim on their insurance.

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They told us we would be insured for any damages.

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I don't see why I should claim on my own insurance

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for something that somebody else has done.

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The service that they promised me isn't the service I received.

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Well, Val's understandably fed up with her e-mails and phone

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calls going unanswered.

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So, to try to get some answers from the company in person,

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we got in the car and headed to the address on the company's website.

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And as far as you know, are the company still trading?

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They are still trading.

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A colleague of mine just recently enquired about moving

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and had telephoned Wilson's by accident because he...

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-He knew about your experience.

-Yeah, he did.

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And then said to me, "Oh, yes, they're definitely still trading."

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But it turns out the address Wilson Removals Oxford

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uses on it website and paperwork isn't its office at all.

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Instead, it's an entirely unrelated company.

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Even this morning I went on their website and this is the address

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that they've given that they trade out of.

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Well, as you say, certainly not Wilson's.

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So, Val picks up the phone and tries calling the company again.

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This time, someone does pick up.

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And it starts to become clear that the main base of Wilson's Removals

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isn't even in this town let alone street.

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So, what's the outcome?

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She's going to see if she can locate somebody from Wilson's Cowley

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to contact me and they're going to ring me back.

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So, we found a firm called Wilson's and they're in the

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removals business but they're in Reading not Cowley and that's as

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much as we know and they're certainly not here.

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They're not here.

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Well, the explanation turns out to be that there is

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a company in Reading called Wilson Removals And Storage

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which had allowed an entirely separate contractor to pay

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a fee to operate under the name Wilson Removals Oxford.

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It was that business Val had ended up booking and though the

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original Reading-based removal operation is still trading,

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the Oxford subcontractor has since gone out of business.

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But, remember, one of the reasons Val had chosen it in the first place

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was because it proudly declared its membership of

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the Professional Movers Association.

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In normal circumstances,

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that would have meant it was signed up to a code of conduct and

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the trade body might have been able to help once things went wrong.

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Trouble is, as become becomes clear when we meet the association's

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managing director Jane Finch, Wilson Removals Oxford never really

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had been a member at all.

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It had simply used the association's logo to trick people

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into thinking it was.

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The fact that they thought that it was OK to just use

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a trade association logo without having permission shows the

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kind of rogues that they are.

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Only 10% of removal firms genuinely are members

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of the two main trade bodies.

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The Professional Movers Association and the bigger,

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longer-established British Association Of Removers.

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Both have websites where you can check if

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a business that claims to be a member is telling the truth.

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If they are, then the association should be able to provide some

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assistance, but if they are fibbing, Jane says, "Proceed at your peril."

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There aren't any rules or regulations in the industry

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to stop anybody from just putting up a website that looks like

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a removal company and, basically. taking your money.

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So, people can trust all their worldly goods and they could

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have just drove off into the night.

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And while at least Val's possessions were only damaged rather than

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disappearing altogether,

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she fears she'll never get compensated for that damage.

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I have a feeling that maybe they're not insured.

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It looks like I've got no case.

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There's nobody to be able to hold account, is there?

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There really isn't very much you can do,

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because they've effectively disappeared.

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They're not contacting you after the problems and them not being

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a member of our association, we can't do anything to,

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you know, to push them along either.

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Well, we tried contacting Wilson Removals Oxford,

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but I'm afraid we didn't get a response.

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And, when we got in touch

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with Wilson Removals And Storage in Reading -

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the company whose name the Oxford outfit was paying to use -

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it told us that this was the first it had heard of Val's case.

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It stressed that, apart from the arrangement over the name,

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it had no connection with the Oxford business

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and isn't responsible for its actions.

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Nevertheless, because the whole affair does involve its name,

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Wilson Removals And Storage said it was keen to "make it right",

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and would offer Val some compensation

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for her "unfortunate experience."

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So, a resolution of sorts for Val,

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but, if you want to make sure you pick the right firm

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to help you move house, Jane has plenty of advice to keep in mind.

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Look at customer reviews.

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See what past customers actually thought about them.

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If they say that they're a member of a trade association,

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physically go on the trade association's website,

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because they'll have a directory of all of their members.

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If they're not a member, ask to see references.

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If they're a good company, they will be willing to give you references.

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They'll also be willing to give you copies of their insurance,

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so that you do know that they are insured properly.

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But Val would like to see the removals industry properly regulated

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so that no-one else has to go through a similar experience.

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I really do believe that this needs to be a regulated industry.

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Unfortunately, anybody can take your goods.

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You're entrusting your worldly goods to anybody.

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Now, get this...

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The average British household is now around £12,000 in debt,

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and that's not taking into account our mortgages.

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But whether it's loans, credit cards, store cards,

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or indeed a mix of all of these and more,

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it can be very easy for what you owe to just get out of hand,

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which is why a whole industry has sprung up

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to help us manage our failing finances.

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But watch out, because the advice and assistance on offer

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is not always going to help.

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Indeed, sometimes, as with the case of the people we're about to meet,

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it may even do the very last thing you need,

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and simply get you even deeper into debt.

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It's estimated that some nine million Britons

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have serious financial problems,

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so it's perhaps little wonder

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that many of those who can't see any alternative

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turn to one of the 100 or so debt-management companies

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that have sprung up,

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claiming that they'll be able to sort everything out.

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But, as Sharon Pickering and her husband Brendan

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have realised too late,

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sometimes that may only make things worse.

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Their troubles began around 2005

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when they started struggling to pay off what - initially, at least -

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were relatively small credit card bills.

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You think, "Oh, I need some clothes. I'll get a credit card, pay it off."

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But it never happens. You can't do that.

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There's always something else round the corner

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that you need to pay off that's more crucial at that time.

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As interest payments pushed up what the couple owed,

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over the next few years,

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their total debt spiralled to a terrifying £25,000.

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So, when a friend recommended a business

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called Compass Debt Counsellors to help,

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it seemed that they'd found the perfect solution.

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The company came up with a plan

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that would see Sharon and Brendan pay £200 a month -

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much less than the interest they were paying at the time -

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and told the couple that their debt could be cleared

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in as little as six years.

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It was such a relief when they did that.

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It just felt as though a weight had been lifted.

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Compass was using some of the money for repayments

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and banking the rest in a pot that, once it was big enough,

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would be used to negotiate with creditors

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to get the debt written off.

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In the meantime,

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Compass held that fund and paid itself an administration fee.

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We didn't question it at all, cos it just seemed...

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"Yeah, I think that might work."

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And, for a while, it did seem to be working.

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Each month, we had a statement

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showing the amounts they'd paid to our creditors

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and the amount that was going in this pot.

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Over the years, this pot builds up

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and they said that what they do then is contact the creditors

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and say, "OK, she owes £1,000.

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"We've got £400. Will you accept that?"

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And the idea is they use that pot of money

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to pay your creditors off at a lower amount.

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The scheme also allowed flexibility

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in case money from the savings pot was needed for major expenses,

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and Sharon and Brendan twice took advantage of that,

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though still accumulating a pot of £5,000.

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But, to their horror, in March 2016,

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Compass went into voluntary liquidation.

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As the company fizzled out,

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so too did their plan for paying off their debts.

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I felt physically sick at that point.

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To think that we'd trusted this company. They've got money...

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We don't think we're going to get it back...

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It was really upsetting.

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To make matters worse,

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because the company had been saving much of the couple's money

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for a future pay-off rather than giving it all to the creditors,

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Sharon and Brendan now owe even more money.

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In fact, their debts have almost doubled over the last ten years.

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Originally, when we started, we were probably in debt about £25,000.

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To date, now, we're now in debt £48,000.

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I felt totally robbed.

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The job I paid them to do, they didn't do.

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Ten years down line, we're in more debt than when we started.

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The collapse of Compass Debt Counsellors

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has left at least 100 more customers

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in the same position as Sharon and Brendan,

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owing more than they had when they called in a company

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that was supposed to make things better.

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And that's a particularly bitter pill for Craig Johnston to swallow.

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A forklift truck driver from Yorkshire,

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he'd been diligently paying into his pot with the company

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for more than a decade, until, in February,

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Compass called with some welcome news.

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They rang me up and they said,

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"Get in touch with your bank, stop payments immediately,

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"because you've got enough in your pot to negotiate a settlement now."

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Craig had a fund of £2,300

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which Compass was confident would be enough to pay off his final debt.

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I've had ten years of grief.

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I knew, within five or six weeks, I'd be debt-free.

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Everybody's paid off.

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Then Compass crashed, taking Craig's money with it.

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He's now taken out a loan in order to settle the debts

0:17:410:17:44

he'd believed he was finally about to clear.

0:17:440:17:46

I should have owed nothing to anybody. Not a penny.

0:17:460:17:49

And that's now not the case.

0:17:500:17:52

We wrote to Compass Debt Counsellors to try to find out what went wrong,

0:17:520:17:56

but we haven't received a response.

0:17:560:17:58

Kate Briscoe is the chief executive of consumer forum LegalBeagles.

0:17:580:18:03

She thinks anyone in financial difficulty should steer clear

0:18:030:18:06

of debt management companies altogether,

0:18:060:18:08

but she'd say that's especially the case

0:18:080:18:11

if it's one that - as Compass did -

0:18:110:18:13

relies on what's called the "war chest" model,

0:18:130:18:16

building up a pot to pay off the debts further down the line.

0:18:160:18:20

The war chest model is based around the idea

0:18:200:18:23

of full and final settlements.

0:18:230:18:25

And, yes, if you can offer your creditors

0:18:250:18:27

a full and final settlement, you will get a better deal -

0:18:270:18:29

if you owe £10,000,

0:18:290:18:31

but you haven't got 10,000 and you've got 5,000,

0:18:310:18:34

your creditor is much more likely to accept a settlement of £5,000,

0:18:340:18:38

full and final, and that'll be it.

0:18:380:18:40

But the money that Compass held in its customers' war chests

0:18:420:18:45

wasn't protected by the Government's

0:18:450:18:47

Financial Services Compensation Scheme,

0:18:470:18:49

meaning there was no way that they could get their lost money back.

0:18:490:18:54

While not all such companies operate the same way,

0:18:540:18:56

Kate is in no doubt that signing up to any debt management company

0:18:560:19:00

is high-risk and rarely the best or even simplest option.

0:19:000:19:04

I am not a fan of private debt-management companies,

0:19:060:19:09

because they take large fees for themselves

0:19:090:19:12

and they put their own operating needs

0:19:120:19:14

above the needs of the clients who are trying to repay their debts.

0:19:140:19:19

It is not uncommon,

0:19:190:19:20

for someone paying £300 into a debt-management plan monthly,

0:19:200:19:23

for at least £180 of that to be going to the debt-management plan.

0:19:230:19:27

So, in fact, you're actually reducing your debts far more slowly.

0:19:270:19:30

Kate says there are far better ways to get your debts under control

0:19:320:19:35

than relying on someone else to do it for you,

0:19:350:19:38

and the starting point should always be

0:19:380:19:40

contacting whoever you owe money to yourself

0:19:400:19:42

to discuss what options might be available.

0:19:420:19:45

As far as Kate's concerned, there's simply no need to pay a middleman.

0:19:450:19:50

Tackle your debts head-on to get YOURSELF out of the situation.

0:19:500:19:54

Don't rely on a third party to do it for you.

0:19:540:19:57

They won't do any better a job than you can yourself.

0:19:570:20:00

Organisations such as Citizens Advice and StepChange

0:20:010:20:05

have free online tools to help you calculate

0:20:050:20:07

how much money you can afford to pay your creditors,

0:20:070:20:10

and Citizens Advice website will even generate the letters

0:20:100:20:14

needed to try and negotiate manageable payments.

0:20:140:20:17

You can find more advice on how to tackle debt on our website...

0:20:170:20:21

Contacting her creditors directly

0:20:250:20:27

is already paying off for Sharon and Brendan.

0:20:270:20:30

They've been able to set up an affordable repayment plan

0:20:300:20:33

without the risks that cost them so dearly before.

0:20:330:20:36

I didn't realise how easy it would be.

0:20:360:20:39

They have been great and I know that the amount I pay per month

0:20:390:20:43

is coming off my debts straightaway.

0:20:430:20:47

So, it is brilliant and it's well worth doing.

0:20:470:20:50

Still to come on Rip-Off Britain...

0:20:580:21:00

Caught on camera -

0:21:000:21:01

the company that says it's there to help unhappy time-share owners

0:21:010:21:05

desperate to sell, but do its claims stack up?

0:21:050:21:08

That was really scary.

0:21:090:21:11

They had my believing the only way I'd ever get out of this

0:21:110:21:14

was by paying them the £5,100.

0:21:140:21:18

Once again, we've taken Rip-Off Britain out on the road.

0:21:220:21:26

-BBC. Rip-Off Britain programme.

-I recognised you!

0:21:260:21:28

And, this time, it's Manchester's Trafford Centre

0:21:280:21:31

that's host to our annual pop-up shop.

0:21:310:21:33

How are you, you gorgeous girl?

0:21:330:21:36

When Paul Hollyoak spotted our pop-up shop,

0:21:390:21:42

it was an ideal opportunity to discuss a problem

0:21:420:21:44

that's never far from his mind.

0:21:440:21:46

20 years ago, Paul's mum entered into an equity release scheme -

0:21:460:21:50

an arrangement where you borrow money

0:21:500:21:52

against the value of your home,

0:21:520:21:54

giving the lender rights to a share of the property's value

0:21:540:21:57

when you eventually sell up.

0:21:570:21:58

But Paul has since discovered just how bad a deal

0:21:580:22:01

that contract turned out to be.

0:22:010:22:03

Martyn James from the Financial Ombudsman Service

0:22:030:22:06

and solicitor Gary Rycroft joined forces to hear what happened.

0:22:060:22:10

They borrowed her £14,000 to do some home improvements.

0:22:110:22:15

The actual policy that she took out meant that,

0:22:150:22:18

once the house was sold, whether it be she moving or she passed away,

0:22:180:22:23

then the company would receive 75% of the value of the sale.

0:22:230:22:28

If your mum sold the property today and they got 75% of it,

0:22:280:22:32

how much would they be in line for?

0:22:320:22:35

Ballpark figure, I'd say about 140,000.

0:22:350:22:38

Incredible. So, that's actually ten times...

0:22:380:22:40

Yes, because she's got a four bedroom semidetached house.

0:22:400:22:43

If Paul's calculations are right,

0:22:430:22:45

that's a 1,000% return for the company

0:22:450:22:48

which initially lent the cash,

0:22:480:22:50

a pretty high interest rate by anyone's standard.

0:22:500:22:53

For me, this is a total rip-off and the money that the company

0:22:530:22:56

are going to receive when the house is sold, absolutely,

0:22:560:23:00

totally is way out of sync with what she actually borrowed.

0:23:000:23:04

Back in the 1980s, equity release grew in popularity.

0:23:040:23:07

But regulation of the market was limited.

0:23:070:23:10

These days, the rules are more stringent,

0:23:100:23:12

but it's the legacy of this first draft of deals that Martyn

0:23:120:23:15

and Gary are concerned about.

0:23:150:23:17

It's been reined in a lot since those bad old days,

0:23:170:23:20

but these old-style schemes have, of course, led to lots of problems

0:23:200:23:23

and I've seen it a lot in my office and I'm sure, Martyn,

0:23:230:23:27

you've seen it at the Financial Ombudsman Service.

0:23:270:23:29

Absolutely, and what we generally say when we're talking about

0:23:290:23:32

this is, it's not about the profit that your house would've made.

0:23:320:23:36

If your house has got too big, if the expenses are too much,

0:23:360:23:39

and you want to downsize, you're walking away with 25%

0:23:390:23:42

of your profit and what can you buy for that?

0:23:420:23:45

And that's the real issue here.

0:23:450:23:47

This was my point. My mum was 60-odd when she did this.

0:23:470:23:50

She's not...

0:23:500:23:51

She hadn't the financial background in terms of paying bills.

0:23:510:23:54

It was all done by my dad, which is old-school,

0:23:540:23:56

which it was years ago, and if she was aware that 75% of that

0:23:560:24:01

was going to the company, she'd be devastated.

0:24:010:24:04

Trouble is, all these years on, there's not always much

0:24:040:24:08

that adjudicators like the Financial Ombudsman can do to help.

0:24:080:24:12

I have to say, unfortunately,

0:24:120:24:14

mortgage lending wasn't regulated till 2005.

0:24:140:24:17

There is a slim chance that this firm may have been.

0:24:170:24:20

If it is, we can look at a complaint against them.

0:24:200:24:23

If it isn't, I would still encourage you to write down how you feel

0:24:230:24:27

your mum's been let down.

0:24:270:24:29

They could at least acknowledge the impact on your mother

0:24:290:24:31

and see what can be done,

0:24:310:24:32

even if it's just appealing to the better nature of the lender.

0:24:320:24:35

But thank you for telling us your story about this, Paul.

0:24:350:24:37

-You're welcome. Thanks for your time.

-Thank you.

0:24:370:24:40

Thank you very much indeed.

0:24:400:24:42

After filming, Martyn did investigate Paul's case but,

0:24:420:24:45

as he suspected, this particular scheme was not regulated

0:24:450:24:49

back when the money was lent,

0:24:490:24:50

which makes it difficult for Paul to find any redress.

0:24:500:24:54

And while today's equity-release schemes

0:24:540:24:56

do have to follow tighter rules,

0:24:560:24:58

the advice from Gary and Martyn is that it can prove a very expensive

0:24:580:25:02

way of borrowing, particularly if you live to a ripe old age,

0:25:020:25:05

so be wary.

0:25:050:25:07

And before taking the plunge, consider all other options.

0:25:070:25:10

Next into the shop were Rob and Michelle,

0:25:120:25:14

who were looking for advice from technology expert David McClelland.

0:25:140:25:18

Tell him what's been going on.

0:25:180:25:20

It's just a complete nightmare, basically.

0:25:200:25:22

I had a mobile phone and I woke up one day and the screen was black.

0:25:220:25:25

I couldn't see anything.

0:25:250:25:27

Michelle contacted the shop where she purchased the phone

0:25:270:25:30

only seven months earlier and it was sent off for repair.

0:25:300:25:34

But when the phone company got back in touch,

0:25:340:25:36

it wasn't with the resolution the couple expected.

0:25:360:25:39

They rang and they actually accused Michelle of damaging it

0:25:390:25:43

by just, basically, having it in her pocket for everyday...

0:25:430:25:46

-Caused by condensation.

-Damp and condensation from her leg.

0:25:460:25:49

-I've never heard of that.

-And neither had we.

0:25:490:25:52

They said that, for it to be mended,

0:25:520:25:53

somebody would have to foot the bill for £94.

0:25:530:25:56

Rob and Michelle refused to pay up and the phone was returned to them.

0:25:560:26:00

But left with a device she couldn't use,

0:26:000:26:03

Michelle decided to stop making the monthly payments on her contract,

0:26:030:26:06

in the hope that that might prompt some action.

0:26:060:26:09

And it did, but not in the way they'd wanted.

0:26:090:26:12

The phone company threatened to call in debt collectors.

0:26:120:26:15

-You were left in tears.

-Yeah, yeah, it were awful.

0:26:150:26:18

They've brought along all of their paperwork and right away

0:26:180:26:21

David spots an error in the way they've been treated.

0:26:210:26:24

The thing that gets me here is

0:26:240:26:25

that they're saying your phone is out of warranty.

0:26:250:26:28

It's not out of warranty, it's still in warranty, so they're incorrect.

0:26:280:26:31

Have you got some proof of the fact that it's still in warranty?

0:26:310:26:34

Yes, I've got the full receipt.

0:26:340:26:36

David's advice is for Rob and Michelle to put their complaint

0:26:360:26:40

in writing, making crystal clear what they're asking for.

0:26:400:26:43

You need to de-stress the situation,

0:26:430:26:46

write an official letter of complaint, don't go in store,

0:26:460:26:49

don't phone them up, and say, "I'd like to advise you that the

0:26:490:26:52

"phone is in warranty, I would like to repair or replacement, please."

0:26:520:26:56

Now, if they come back and for whatever reason they say "no",

0:26:560:26:59

then that means you're at deadlock.

0:26:590:27:01

We are agreeing to disagree.

0:27:010:27:03

A deadlock letter is your key to taking your complaint

0:27:030:27:06

to the next stage, an independent adjudicator

0:27:060:27:09

separate to the company involved.

0:27:090:27:11

In this case,

0:27:110:27:12

it would be the Ombudsman Services Communications, a regulated

0:27:120:27:16

organisation that looks at cases involving mobile phone companies.

0:27:160:27:19

And David thinks Rob and Michelle have a strong case.

0:27:190:27:22

Given the facts as you've told them to me, I find it very difficult to

0:27:220:27:26

understand how an alternate dispute resolution service would find

0:27:260:27:29

in anything other than your favour.

0:27:290:27:31

-Thank you for your help.

-Thank you so much.

0:27:310:27:34

Now, since the time-share bubble burst,

0:27:370:27:39

one of the most common complaints we hear about comes from people

0:27:390:27:43

who really did buy into that holiday dream, but who now feel the deal

0:27:430:27:46

wasn't quite as sunny as they thought it would be

0:27:460:27:49

when they signed up.

0:27:490:27:50

They're desperate to cut their losses and get rid of their

0:27:500:27:53

time-shares once and for all.

0:27:530:27:54

And with so many people in the same boat, it's led to a whole host

0:27:540:27:58

of companies springing up saying they can help.

0:27:580:28:00

But when one Rip-Off Britain viewer was contacted by a firm

0:28:000:28:04

offering to do just that - for a fee, of course -

0:28:040:28:06

something didn't quite seem right. So, she invited us along when

0:28:060:28:10

she went to meet them so we could see if her suspicions were correct.

0:28:100:28:14

A summer holiday really can feel like the antidote to all ills.

0:28:150:28:19

So, when, as a result of entering a competition, Heather Harvey

0:28:210:28:24

was offered the chance of a free one just weeks after her family business

0:28:240:28:28

had been forced to close, she jumped at the chance.

0:28:280:28:31

We weren't having a lot of luck, life wasn't going great for us

0:28:320:28:36

at the time and this opportunity came along, we thought,

0:28:360:28:39

"Maybe this is good, this could be great for us and the family."

0:28:390:28:44

So, in 2012, Heather and her husband, Rob,

0:28:440:28:46

and their two kids jetted off to

0:28:460:28:48

Tenerife to stay at a resort run by global travel firm

0:28:480:28:52

Club La Costa, a company that many, many moons ago,

0:28:520:28:55

long before this programme came along,

0:28:550:28:58

I briefly did a little promotion for.

0:28:580:29:00

But the family soon realised that the whole point

0:29:000:29:03

of their free holiday was a sales pitch to get them to buy

0:29:030:29:06

a time-share and sign up to full membership

0:29:060:29:09

of Club La Costa's holiday club.

0:29:090:29:11

We were to go for breakfast with one of the sales reps, so,

0:29:110:29:15

"All right, we'll go along to that."

0:29:150:29:17

And from there, it turned into the whole day - taking us around,

0:29:170:29:22

looking at all their resorts,

0:29:220:29:25

all these different packages and options.

0:29:250:29:28

And the rep came up with what initially seemed an

0:29:280:29:31

attractive way to pay for what was on offer.

0:29:310:29:33

We just said that we aren't in a position financially to do

0:29:330:29:37

anything like this...

0:29:370:29:39

They said, "Don't worry about that, we can sort something out for you,

0:29:390:29:42

"We can come up with a plan."

0:29:420:29:44

They said to us they would get the finance for us, they would also give

0:29:440:29:49

us a free holiday, they would give us a year of the maintenance, just

0:29:490:29:53

loads and loads of offers, really, for us to sign on the dotted line.

0:29:530:29:58

So, persuaded by the finance deal that this was something they

0:29:580:30:02

could afford after all, Heather and her husband signed up.

0:30:020:30:05

Somehow, miraculously, they came up with something, which kind of made

0:30:050:30:09

us think, "Well, maybe the things aren't so bad after all."

0:30:090:30:12

So, Heather and Rob agreed to a 20-year contract with Club La Costa,

0:30:120:30:17

with the whole cost of £18,180 covered by the finance agreement.

0:30:170:30:22

We were low. You know, we hadn't been in a good place

0:30:220:30:25

and it sounded like a way out of,

0:30:250:30:27

you know, something nice to look forward to.

0:30:270:30:30

But back home, the reality of what they signed up to came to look a lot

0:30:300:30:35

less attractive than it had in the Tenerife sunshine.

0:30:350:30:38

They agreed to pay just over £285 every month for 15 years,

0:30:380:30:43

which meant that, at the end, their £18,000 contract

0:30:430:30:48

would actually set them back a total of more than £51,000.

0:30:480:30:53

Add to that the extra costs of owning the time-share itself,

0:30:530:30:57

such as annual management fees of up to around £800,

0:30:570:31:01

and Heather felt much less happy with the deal.

0:31:010:31:04

I just felt we were stuck with this great, big, hefty finance agreement

0:31:040:31:11

that we couldn't get rid of.

0:31:110:31:13

We just thought, "We just want out of this."

0:31:130:31:15

But when Heather contacted Club La Costa, she certainly didn't

0:31:150:31:19

get the impression that the company would be prepared to release them

0:31:190:31:22

from the contract and with the bank unwilling to cut the finance

0:31:220:31:26

payments either, they weren't sure of the best way forward.

0:31:260:31:30

They stopped paying their admin and membership fees,

0:31:300:31:32

but keeping up the monthly finance payments remained a struggle, and,

0:31:320:31:36

over the next three years, Heather says she tried in vain to find

0:31:360:31:40

a way to get rid of a time-share that they simply couldn't afford.

0:31:400:31:44

Went online, looked at forums,

0:31:440:31:46

got in touch with lots of time-share advice centres.

0:31:460:31:51

Then, out of the blue, I had a phone call from ITRA.

0:31:510:31:55

ITRA, or International Time-share Refund Action,

0:31:550:31:58

says that they're there to help customers who feel that they'd

0:31:580:32:02

been mis-sold a time-share, can't afford to keep it and want out.

0:32:020:32:06

Heather was told that ITRA was considering a class action

0:32:180:32:22

against Club La Costa on behalf of potentially hundreds

0:32:220:32:25

of time-share owners, all hoping to get compensation

0:32:250:32:29

for being wrongly sold their time-shares in the first place.

0:32:290:32:32

It was exactly what Heather wanted to hear.

0:32:320:32:35

But ITRA's rep cut an initial meeting short because

0:32:350:32:38

Heather's husband wasn't there.

0:32:380:32:40

However, what she'd heard up to then

0:32:400:32:42

left Heather wondering if the company really can do

0:32:420:32:45

what it promises, so she got in touch with us.

0:32:450:32:47

We've featured companies offering to help

0:32:470:32:50

unhappy time-share owners before, and in our experience,

0:32:500:32:53

it's not always as simple as might be made out,

0:32:530:32:56

so when Heather asked if we'd like to accompany her

0:32:560:32:59

to a second meeting with ITRA,

0:32:590:33:01

we, of course, said yes.

0:33:010:33:03

A member of our team, wearing a hidden camera, went along, too,

0:33:050:33:08

posing as Heather's husband, Rob.

0:33:080:33:11

It didn't take long for ITRA's rep to cut to the chase.

0:33:110:33:14

Less than two minutes after walking through the door,

0:33:140:33:17

Heather was assured that she was in a prime position to join

0:33:170:33:20

the class action being planned against Club La Costa and

0:33:200:33:23

the rep seemed pretty definite that she could expect a big cash pay-out.

0:33:230:33:27

As for the cost of joining that class action...

0:33:420:33:44

It sounds like the answer to Heather's prayers,

0:33:570:33:59

especially when the rep passes on dire warnings about what he claims

0:33:590:34:03

will happen once Club La Costa calls in the debt collectors

0:34:030:34:07

to recover the management fees she's not paid for

0:34:070:34:09

for the last three years.

0:34:090:34:11

But Heather's told if she signs up with ITRA,

0:34:220:34:24

there'll be no debt collectors, no further finance payments

0:34:240:34:28

and, best of all, no time-share.

0:34:280:34:30

There is, however, one further detail,

0:34:410:34:44

because signing up with ITRA does come with a cost.

0:34:440:34:48

Heather will need to pay the company £5,100,

0:34:480:34:52

although it's not clear exactly what that's for.

0:34:520:34:55

At various points in the meeting,

0:34:550:34:56

she's a given differing explanations,

0:34:560:34:58

and more than once is told that

0:34:580:35:00

it's purely to cover the cost of getting rid of her time-share.

0:35:000:35:04

The rep explains that that would be done through what's called

0:35:130:35:17

a deed agent, which he's keen to stress is a good thing.

0:35:170:35:20

In fact, that's not strictly true,

0:35:300:35:32

because some time-share companies do have procedures that they claim

0:35:320:35:36

allow owners to surrender their time-shares.

0:35:360:35:39

That might leave owners out of pocket,

0:35:390:35:41

but they won't be liable for any future fees.

0:35:410:35:44

And even if Heather's particular case might be complicated

0:35:440:35:47

by the fact that she owes so much in finance,

0:35:470:35:50

the big no-no with what she's been told is that the law says

0:35:500:35:54

no company should ever take money for selling

0:35:540:35:57

a time-share before it's actually sold it.

0:35:570:36:00

One of our regular experts, Sylvia Rook,

0:36:000:36:02

is a lead officer at the Trading Standards Institute

0:36:020:36:05

and we asked her to take a look at the footage from Heather's meeting.

0:36:050:36:08

I do think that the whole presentation is very misleading

0:36:080:36:11

and you're left not understanding what it is that's being offered

0:36:110:36:14

or what your money is for.

0:36:140:36:16

From the off, one of the things that makes Silvia sceptical

0:36:160:36:18

about what's hearing is the speed with which Heather was assured

0:36:180:36:22

she'd definitely be able to join ITRA's apparent action

0:36:220:36:26

against Club La Costa.

0:36:260:36:28

The individual says to Heather that he's there to assess whether

0:36:280:36:30

she's got a claim, but he doesn't actually ask her any questions

0:36:300:36:33

about how the product was sold and then he goes on to say

0:36:330:36:36

she's definitely got a claim, but having looked through the video,

0:36:360:36:39

I don't actually know what that claim is

0:36:390:36:41

that he thinks that she's got.

0:36:410:36:42

Adding to the confusion,

0:36:420:36:43

throughout the meeting the agent makes the class action

0:36:430:36:46

and the sale of the time-share feel like one and the same thing,

0:36:460:36:49

but they're not, and there's actually

0:36:490:36:51

no reason that Heather should need to get rid of her time-share

0:36:510:36:54

to argue that it had been mis-sold.

0:36:540:36:57

You can take a class action

0:36:570:36:58

whilst you're still in possession of the property

0:36:580:37:00

and then you can give it back at the end of the case anyway.

0:37:000:37:02

But that isn't quite what the rep tells Heather and it certainly felt

0:37:020:37:06

to her that his main concern was getting her to pay that £5,100 fee.

0:37:060:37:11

The agent does tell Heather that she'll get her money back

0:37:200:37:22

if things don't go according to plan, but, of course,

0:37:220:37:25

that's something that he's confident won't happen.

0:37:250:37:28

As the meeting draws to a close, Sylvia's not sure signing up

0:37:460:37:50

would get Heather any closer to having her problem solved,

0:37:500:37:53

but it would leave her £5,100 further out of pocket.

0:37:530:37:57

I think there's an awful lot of confusion

0:37:570:37:59

at the end of this presentation.

0:37:590:38:01

When Heather's left, I don't think she'll actually know

0:38:010:38:04

what was being offered, what her rights were, whether she's part

0:38:040:38:07

of a class action or not and, if so, what that action is for.

0:38:070:38:10

I think Heather would have gone away thinking the only way that

0:38:100:38:12

she can get rid of the time-share and possibly get her money back

0:38:120:38:15

is using a deed agent and giving money to the company.

0:38:150:38:19

That is not the only way of getting rid of your time-share.

0:38:190:38:22

And Heather herself can see how easy it would be to leave the meeting

0:38:220:38:26

thinking there's only one way forward.

0:38:260:38:28

That was really scary.

0:38:300:38:32

They had me believing the only way I would ever get out of this

0:38:320:38:35

is by paying them the £5,100.

0:38:350:38:39

I could see how so many people would just,

0:38:390:38:41

if they had the money there and then, they'd go off and do it.

0:38:410:38:43

Well, we spoke to both ITRA and Club La Costa about all of this,

0:38:450:38:48

but with both of them dead set on rubbishing the other,

0:38:480:38:51

it's very easy to see why this kind of situation can be

0:38:510:38:54

so hard for consumers to navigate.

0:38:540:38:56

For its part, ITRA strenuously "denies any wrongdoing"

0:38:580:39:01

and stands by most of what its rep told Heather,

0:39:010:39:04

apart from a few details it accepted he hadn't been trained to say.

0:39:040:39:09

But it did rein back on the timeframe she'd been given

0:39:090:39:12

for the legal action, saying that while its lawyers are...

0:39:120:39:15

..joint action is just one option that's being considered.

0:39:210:39:24

It claimed its lawyers

0:39:240:39:26

have identified "numerous contractual breaches"

0:39:260:39:29

as well as "irresponsible lending of finance" and "misrepresentation".

0:39:290:39:33

ITRA went on to say its rep so quickly confirmed

0:39:330:39:36

that Heather had a claim

0:39:360:39:38

because of the information she had already provided

0:39:380:39:41

and the advice that its lawyers have given in similar cases.

0:39:410:39:45

As for that £5,100 fee,

0:39:460:39:47

it says that's "to cover a complete service",

0:39:470:39:51

including legal and administration fees and various other costs.

0:39:510:39:56

Clearly mindful of the law around this point,

0:39:560:39:59

it insisted that it doesn't resell time-share,

0:39:590:40:03

but assists with ownership relinquishment

0:40:030:40:05

so the regulations which prohibit taking money for selling

0:40:050:40:09

a time-share simply do not apply.

0:40:090:40:12

Meanwhile, Club La Costa was keen to stress it's a regulated business

0:40:120:40:16

with "absolute cancellation rights"

0:40:160:40:18

and that members who wish to exit are free to do so.

0:40:180:40:22

As such, there's no need to pay what it calls an excessive upfront fee...

0:40:220:40:27

It insisted that despite what ITRA's rep claimed, it doesn't use

0:40:300:40:34

debt collectors to recover unpaid fees or take members to court.

0:40:340:40:38

What's more, it said if there really were to be any legal action,

0:40:380:40:41

it would be...

0:40:410:40:42

..and while the holiday company disputed several details

0:40:470:40:50

of Heather's story, in particular,

0:40:500:40:52

claiming that its finance deals would be subject to the same checks

0:40:520:40:56

as they would be home,

0:40:560:40:57

it told us it has various options for how she and her family

0:40:570:41:01

could resume the membership "with the slate wiped clean"

0:41:010:41:03

on those unpaid fees.

0:41:030:41:05

Of course, whatever the truth of all of this,

0:41:050:41:08

there are plenty of other companies that offer to help people

0:41:080:41:11

like Heather get rid of their time-shares and Sylvia says

0:41:110:41:14

they should all initially be approached with caution.

0:41:140:41:17

At Trading Standards, we'd always warn people to be very careful

0:41:170:41:21

if you're approached by somebody who says they can sell your time-share.

0:41:210:41:24

If you're not careful,

0:41:240:41:25

you may find yourself putting good money after bad.

0:41:250:41:28

Don't get sucked into using a company

0:41:280:41:30

who's going to take money from you.

0:41:300:41:31

Do your own independent research, speak to a lawyer,

0:41:310:41:34

speak to Trading Standards before you part with any money

0:41:340:41:37

to make sure you know exactly what you're doing

0:41:370:41:40

and you've got the best possible advice.

0:41:400:41:42

You can find more about all of that on our website, it's...

0:41:420:41:45

If you've got a story you'd like us to investigate,

0:41:560:41:58

then you can get in touch with us via our Facebook page

0:41:580:42:01

"BBC Rip Off Britain".

0:42:010:42:03

There's our website bbc.co.uk/ripoffbritain

0:42:030:42:08

or e-mail...

0:42:080:42:09

..and, of course, you can send a letter to our postal address...

0:42:130:42:16

You know, there can't be too many of us who haven't, at some time

0:42:290:42:32

or another, needed to call on an expert for help.

0:42:320:42:35

Whether that's because, like the people that we've just met today,

0:42:350:42:39

we were looking for advice on a situation that we really found

0:42:390:42:42

hard to manage ourselves or to try and escape from something

0:42:420:42:45

that perhaps we now regret having signed up for in the first place.

0:42:450:42:49

But, indeed, as we've just heard,

0:42:490:42:50

because a company sounds like it knows what it's talking about,

0:42:500:42:53

doesn't mean that you shouldn't do your best to check them out

0:42:530:42:56

before agreeing to whatever it is they're offering.

0:42:560:42:59

Doing that bit of research really could stop you losing out,

0:42:590:43:01

-or, worse still, throwing really good money after bad.

-Absolutely.

0:43:010:43:05

Choosing the right expert can save you a whole lot of bother later on,

0:43:050:43:09

but, sadly, that's where we have to leave it the today.

0:43:090:43:11

You can find more nuggets of advice

0:43:110:43:14

on our website bbc.co.uk/ripoffbritain

0:43:140:43:17

or join the chat on our Facebook page,

0:43:170:43:19

but for now though,

0:43:190:43:20

thanks for joining us and till the next time from all of us, goodbye.

0:43:200:43:24

-Bye-bye.

-Bye-bye.

0:43:240:43:25

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