0:00:02 > 0:00:03I've had an interesting life.
0:00:03 > 0:00:05Coal miner,
0:00:05 > 0:00:07forklift truck driver,
0:00:07 > 0:00:08bricklayer,
0:00:08 > 0:00:10factory production line worker,
0:00:10 > 0:00:11fireman.
0:00:13 > 0:00:15I've lived rough on the streets of London and Paris.
0:00:18 > 0:00:21But now I've got a new job.
0:00:21 > 0:00:23As a Queen's Counsel barrister,
0:00:23 > 0:00:25I know the law inside out.
0:00:28 > 0:00:30I've prosecuted and defended
0:00:30 > 0:00:33some of the UK's most serious criminals,
0:00:33 > 0:00:37but the life I've led means I know the world can be a tough place.
0:00:39 > 0:00:42At some points, we've all felt ripped off,
0:00:42 > 0:00:44cheated or conned.
0:00:44 > 0:00:47It's frustrating, costly and stressful.
0:00:47 > 0:00:51But I know consumers can fight back and get justice.
0:00:53 > 0:00:56I'm not here to represent anyone.
0:00:56 > 0:00:58But what I want is to empower you
0:00:58 > 0:01:01to use the law to get what you are owed.
0:01:04 > 0:01:07'Today I'll be helping a mother who believed she was misled
0:01:07 > 0:01:11'into wasting £1,500 on a worthless modelling portfolio.'
0:01:11 > 0:01:14- It's two tacky pieces of paper. - Exactly.
0:01:14 > 0:01:16With names and e-mail addresses on.
0:01:16 > 0:01:19But first a narrow-boater whose dreams of a new life
0:01:19 > 0:01:21on the waterway were shattered.
0:01:21 > 0:01:24I was told to leave the marina immediately.
0:01:24 > 0:01:26I'm going to help both of these women
0:01:26 > 0:01:28work out how they've been cheated
0:01:28 > 0:01:30and show them how they can use the law
0:01:30 > 0:01:32to get back what they're owed.
0:01:38 > 0:01:40There are 2,000 miles of canals and rivers in the UK
0:01:40 > 0:01:43used by over 34,000 boats.
0:01:45 > 0:01:47And the proud owner of one of them is Sue Williams.
0:01:47 > 0:01:51She is a civil engineer from Surrey and she loves narrow boats.
0:01:52 > 0:01:57Narrow-boating is a way of life.
0:01:57 > 0:01:59It's the independence.
0:01:59 > 0:02:03You just choose where you want to live and how you want to live it.
0:02:03 > 0:02:06When circumstances changed in her personal life,
0:02:06 > 0:02:08Sue decided to make a whole new start.
0:02:08 > 0:02:10She sold her house in Surrey
0:02:10 > 0:02:14and used the money to buy her very own narrow boat, My Lady.
0:02:16 > 0:02:22It was going to be a big step, but I like challenges.
0:02:22 > 0:02:25Sue's plan was to live aboard her boat full-time,
0:02:25 > 0:02:29so she needed to find a permanent mooring to give her a base.
0:02:29 > 0:02:32Fully equipped marinas offer mains water, electricity
0:02:32 > 0:02:33and wi-fi broadband.
0:02:34 > 0:02:37But there's a shortage of good moorings,
0:02:37 > 0:02:40and many of the best marinas have a long waiting list.
0:02:40 > 0:02:44So Sue was thrilled when she found an ad for a brand-new
0:02:44 > 0:02:47state-of-the-art marina called Barby Moorings Ltd.
0:02:49 > 0:02:54There was going to be a restaurant, cafe, shop, chandlery.
0:02:54 > 0:02:56And I thought, "This will work out well."
0:02:56 > 0:02:58Sue is a keen gardener, and when she read that
0:02:58 > 0:03:02there would be bank-side moorings with garden plots available
0:03:02 > 0:03:05it made the marina look even more attractive.
0:03:05 > 0:03:08The site was still being developed, so she paid £400-deposit
0:03:08 > 0:03:10to secure her place for when it was done.
0:03:10 > 0:03:13And, as her plot was to have a garden,
0:03:13 > 0:03:16she put all her garden furniture into storage.
0:03:19 > 0:03:23But, as the months went past, the project was continually delayed.
0:03:24 > 0:03:26Eventually, Sue was promised
0:03:26 > 0:03:31the marina would be ready by the autumn of 2011.
0:03:31 > 0:03:33Full of hope and anticipation,
0:03:33 > 0:03:37she set out on the 100-mile trip to move her boat to its new home.
0:03:37 > 0:03:41At every stage, she was reassured by the marina owner
0:03:41 > 0:03:44that everything would be finished in time for her arrival.
0:03:47 > 0:03:51But, when she finally arrived, Sue's heart sank.
0:03:54 > 0:03:56The marina was like a minefield.
0:03:56 > 0:04:00It was just steel coming out of the ground.
0:04:02 > 0:04:04I had nothing.
0:04:06 > 0:04:08Sue now realised that the facilities promised
0:04:08 > 0:04:11on the Barby Moorings website just weren't there.
0:04:13 > 0:04:18I just thought, "God! What have I done?!"
0:04:18 > 0:04:19SHE LAUGHS
0:04:19 > 0:04:20"What have I done?"
0:04:25 > 0:04:28The next morning, Sue went to complain to site owner Tony McMaster.
0:04:31 > 0:04:33She was in for her second shock.
0:04:33 > 0:04:36He said, "Get out of my marina!"
0:04:38 > 0:04:41And he wouldn't say anything else, just, "Get out, get out."
0:04:41 > 0:04:45Came round the table and physically intimidated me
0:04:45 > 0:04:47out of the door.
0:04:48 > 0:04:50Because there were no facilities and she'd been evicted,
0:04:50 > 0:04:53Sue's new life at Barby Moorings was over.
0:04:53 > 0:04:57She was now homeless with nowhere to moor her boat.
0:05:00 > 0:05:03It still upsets me.
0:05:06 > 0:05:08This was a new start for me, literally.
0:05:08 > 0:05:14You know, my whole future went in just that one thing he said -
0:05:14 > 0:05:15"Get out!"
0:05:15 > 0:05:18Sue has now found a new berth for My Lady
0:05:18 > 0:05:21on another marina, but she wants Barby Moorings
0:05:21 > 0:05:25to refund her all the money she spent moving her boat.
0:05:28 > 0:05:31Sue clearly feels she was misled by the advertising of Barby Moorings
0:05:31 > 0:05:34and, as the facilities that were promised weren't there,
0:05:34 > 0:05:36it's not difficult to see her point.
0:05:36 > 0:05:39In law, if a company makes you promises,
0:05:39 > 0:05:41they should keep to them or face the consequences.
0:05:41 > 0:05:44I'll be seeing Sue later to help her with her case.
0:05:49 > 0:05:53Brighton, home to mother and daughter Nicki and Jan Koutris.
0:05:55 > 0:05:58My name's Nicki, I'm 20.
0:05:58 > 0:05:59My mum's called Jan.
0:05:59 > 0:06:01Nicki's my first-born.
0:06:01 > 0:06:03We go out together sometimes.
0:06:03 > 0:06:06We go shopping together and coffee together.
0:06:07 > 0:06:10When Nicki was on the lookout for work,
0:06:10 > 0:06:12she came across a website called Candi Models.
0:06:14 > 0:06:17They said they had experts in modelling
0:06:17 > 0:06:20who could help you become a model.
0:06:20 > 0:06:23Nicki followed the instructions on the site
0:06:23 > 0:06:26and sent Candi Models a photograph of herself.
0:06:26 > 0:06:29She was soon called back with some good news.
0:06:29 > 0:06:31They phoned me one morning.
0:06:31 > 0:06:33They said I was stunning, very photogenic,
0:06:33 > 0:06:36and they said I had been selected
0:06:36 > 0:06:39out of about 700 people.
0:06:39 > 0:06:41They wanted me to go up to London.
0:06:43 > 0:06:46Nicki and Jan were invited to an address in North London
0:06:46 > 0:06:50for a test shoot at a company called Mint Brown Studios.
0:06:53 > 0:06:54We were seen quite quickly.
0:06:54 > 0:06:58Nicki was made up and she worked very well with the photographer.
0:06:58 > 0:07:00He kept saying I was doing really well,
0:07:00 > 0:07:02giving me really good feedback.
0:07:07 > 0:07:08After the shoot, Nicki and Jan
0:07:08 > 0:07:11were shown the photos by a female member of staff.
0:07:12 > 0:07:15She said, "I'm pleased to tell you you've passed."
0:07:15 > 0:07:19I was just so shocked that they thought I could be a model.
0:07:19 > 0:07:24She made me believe that I stood out from the rest
0:07:24 > 0:07:28and that I had a really good chance of becoming a big model.
0:07:32 > 0:07:34And then came the shock.
0:07:34 > 0:07:36Jan was told that if Nicki wanted to be a model
0:07:36 > 0:07:41she'd need to pay for an extensive portfolio of photographs.
0:07:41 > 0:07:43I hadn't gone with the intention of buying anything.
0:07:45 > 0:07:47They offered Jan a portfolio,
0:07:47 > 0:07:49an online version they called a "webfolio"
0:07:49 > 0:07:53and a £400-list of modelling agencies.
0:07:53 > 0:07:56Making a total of £1,800.
0:07:57 > 0:08:00My heart sank. I had so much anxiety,
0:08:00 > 0:08:03I was thinking, "This is a lot of money, my mum can't afford it."
0:08:05 > 0:08:07It was what the sales assistant said next
0:08:07 > 0:08:09that led Jan to make a decision.
0:08:10 > 0:08:14What she actually said that sold it to me...
0:08:14 > 0:08:18was that the minimum amount of money that you can make
0:08:18 > 0:08:21per assignment is £1,000.
0:08:21 > 0:08:24And we gasped.
0:08:24 > 0:08:26I was thinking that
0:08:26 > 0:08:29the money that my mum was going to pay out for all these photos
0:08:29 > 0:08:33and portfolio and everything, I could earn back easily
0:08:33 > 0:08:36with just a couple of photo shoots.
0:08:36 > 0:08:40That's what sold it to me. On the spot, like that.
0:08:40 > 0:08:42And I fell for it.
0:08:45 > 0:08:47Nicki soon started to apply to the agents on the list
0:08:47 > 0:08:49her mother had bought.
0:08:49 > 0:08:51One of the first agents she contacted
0:08:51 > 0:08:54called her in for a chat to look at Nicki's photos.
0:08:56 > 0:09:01And he looked at them, at the photographs,
0:09:01 > 0:09:03and he said,
0:09:03 > 0:09:07"You've been to Mint Brown Studios, Candi Models."
0:09:08 > 0:09:11And he said, basically, we've been scammed.
0:09:15 > 0:09:17My stomach sank.
0:09:17 > 0:09:20He said that he would have preferred for me
0:09:20 > 0:09:23to have taken some snapshots at home and just sent those photos.
0:09:30 > 0:09:33I feel embarrassed
0:09:33 > 0:09:37that I've allowed myself to be taken in like this.
0:09:37 > 0:09:41They lied to us, and to our faces
0:09:41 > 0:09:43to get all this money out of us, and it's just worthless.
0:09:45 > 0:09:49Jan is so unhappy she wants her money back.
0:09:49 > 0:09:51The reason I want every single penny
0:09:51 > 0:09:54from Candi Models/Mint Brown
0:09:54 > 0:09:57it's because it's based on a lie.
0:09:57 > 0:10:00And I don't want to give a penny of my money
0:10:00 > 0:10:02to something that's a complete scam.
0:10:08 > 0:10:11Jan is clearly upset that she's been persuaded to buy something
0:10:11 > 0:10:13based on the promises of the salesperson
0:10:13 > 0:10:15that she now feels were misleading.
0:10:15 > 0:10:18If she wants to get her money back she may need to prove that,
0:10:18 > 0:10:20and later I'll be there to help her.
0:10:28 > 0:10:30Back now to Sue Williams,
0:10:30 > 0:10:33who spent most of her savings moving her narrow boat to a new marina
0:10:33 > 0:10:36she thought had a whole host of mod cons.
0:10:36 > 0:10:38Only it didn't.
0:10:38 > 0:10:41Sue feels she was made promises by the owner that were misleading
0:10:41 > 0:10:43and now wants her money back.
0:10:45 > 0:10:47I need to know more about what Sue thought
0:10:47 > 0:10:49she was getting for her money.
0:10:49 > 0:10:51'I'm hoping that, with my advice and help,
0:10:51 > 0:10:54'Sue can resolve this problem for herself,
0:10:54 > 0:10:57'and maybe get some money back.'
0:10:57 > 0:10:59- Sue, Gary Bell.- Hi, Gary.
0:10:59 > 0:11:01This is what they call a narrow boat, then, is it?
0:11:02 > 0:11:05Shall we go on board and get out of the wind, Gary?
0:11:05 > 0:11:08- Do you think I'll fit on that, Sue? - Mind your head.
0:11:08 > 0:11:11It's not my height I'm worried about, Sue, it's my width.
0:11:11 > 0:11:13You'll be fine, breathe in.
0:11:13 > 0:11:15This is lovely, Sue, isn't it?
0:11:15 > 0:11:16- Yup.- There's plenty of height.
0:11:16 > 0:11:19- Yes, it's not too bad. - You have a nice little galley here.
0:11:19 > 0:11:22- I have.- Just like any other kitchen.
0:11:23 > 0:11:25'Before I get carried away
0:11:25 > 0:11:27'and talk myself into moving on to a narrow boat,
0:11:27 > 0:11:29'I think I should find out for myself exactly
0:11:29 > 0:11:32'what happened to Sue at Barby Moorings.'
0:11:32 > 0:11:34So you decided you were going to sell your house...
0:11:34 > 0:11:36- Yup.- ..and buy a boat.
0:11:36 > 0:11:38- Yup.- And live on the boat?
0:11:38 > 0:11:40- Yup. - With all the freedom that entails?
0:11:40 > 0:11:42Yes.
0:11:42 > 0:11:44And you looked for a perfect place to moor your boat.
0:11:44 > 0:11:47- I did.- And it was cheaper to live in the Midlands
0:11:47 > 0:11:49- than it was in London.- Yup.
0:11:49 > 0:11:51So you found this place in Barby
0:11:51 > 0:11:53- that promised the Earth and more. - Yes.
0:11:53 > 0:11:56'Sue has kept copies of the original advertising leaflets
0:11:56 > 0:11:58'put out by Barby Moorings,
0:11:58 > 0:12:01'and it certainly looks like a blissful place to live.'
0:12:03 > 0:12:05- Was there a laundrette?- No.
0:12:05 > 0:12:07- Were there showers?- No.
0:12:07 > 0:12:09- Was there pump-out?- Just about.
0:12:09 > 0:12:11- Diesel?- Yes.
0:12:11 > 0:12:13- Wired internet?- No.
0:12:13 > 0:12:15- Wired Freeview TV?- No.
0:12:15 > 0:12:17- Electrical power?- 12 hours a day.
0:12:19 > 0:12:21- So not quite as described?- No.
0:12:21 > 0:12:25So, presumably, you had a word with Mr McMaster about the fact
0:12:25 > 0:12:27that the facilities were far less than had been promised?
0:12:27 > 0:12:30I didn't even get an apology, nothing.
0:12:30 > 0:12:33- Nothing from him at all? - No, all he wanted was his money.
0:12:35 > 0:12:37After she was evicted from the marina,
0:12:37 > 0:12:41Sue received a letter from the owner, Tony McMaster,
0:12:41 > 0:12:43claiming he'd been forced to evict her
0:12:43 > 0:12:45because she'd breached his terms and conditions
0:12:45 > 0:12:47during their argument in his office.
0:12:51 > 0:12:53"On the afternoon of the 11th November,
0:12:53 > 0:12:55"at the office of the company,
0:12:55 > 0:12:57"within the bounds of the company property,
0:12:57 > 0:13:00"your use of offensive language, threatening behaviour..."
0:13:00 > 0:13:02which is misspelt,
0:13:02 > 0:13:05"..and attempted physical violence towards an officer of the company
0:13:05 > 0:13:09"constitutes a serious, irremediable breach of licence.
0:13:09 > 0:13:12"The company terminates the license forthwith,
0:13:12 > 0:13:14"and you are required to remove the vessel
0:13:14 > 0:13:16"from the marina immediately."
0:13:16 > 0:13:17I'm very surprised, Sue.
0:13:17 > 0:13:20I mean, I've met you today, and you seem as nice as pie, but...
0:13:20 > 0:13:24- SHE LAUGHS - ..to know that your physical violence,
0:13:24 > 0:13:27your threatening behaviour, your offensive language...
0:13:27 > 0:13:30- There's clearly a dark side to you(!)- Yeah!
0:13:30 > 0:13:32SHE LAUGHS
0:13:34 > 0:13:37'Joking aside, Sue denies that she acted in this way.
0:13:37 > 0:13:40'She says she is now seriously out of pocket
0:13:40 > 0:13:44'and wants to claim back all the costs she's incurred in the move.
0:13:44 > 0:13:46'The main elements of the claim are
0:13:46 > 0:13:48'£400 for the deposit,
0:13:48 > 0:13:51'£300 for the fuel to bring her boat to Barby,
0:13:51 > 0:13:57'and there is also £1,496 for the storage of garden equipment
0:13:57 > 0:14:00'that Sue planned to use on the bank side plot
0:14:00 > 0:14:01'once she was settled in.
0:14:01 > 0:14:06'In total, she's claiming £2,648 -
0:14:06 > 0:14:09'well within the small claims limit.'
0:14:11 > 0:14:13'Sue has already sent numerous letters
0:14:13 > 0:14:17'requesting a refund from Barby Moorings, and got nowhere.'
0:14:18 > 0:14:23I think the important thing is to write him a letter before action,
0:14:23 > 0:14:26explaining to him what it is that you're claiming off him.
0:14:26 > 0:14:30- Yeah.- And explaining that you will go to court
0:14:30 > 0:14:33if he doesn't pay up within 14 days.
0:14:33 > 0:14:36'The first step on the road to getting her money back
0:14:36 > 0:14:40'is to notify Barby Moorings that she means business.
0:14:40 > 0:14:43'Then, set a deadline and give them every chance to pay up.
0:14:43 > 0:14:47'This is something that every claimant must do.'
0:14:48 > 0:14:51'Sue's letter needs to clearly explain
0:14:51 > 0:14:52'why and what she is claiming,
0:14:52 > 0:14:55'and how she's calculated these figures.'
0:14:56 > 0:14:59'With any luck, Tony McMaster will read this
0:14:59 > 0:15:02'and pay Sue Williams what she believes he has cost her.'
0:15:04 > 0:15:06'I'll be back to see Sue when the deadline is up.'
0:15:16 > 0:15:19Jan Koutris thought she was investing in a modelling portfolio
0:15:19 > 0:15:23to start her daughter's career on the advice of Candi Models.
0:15:23 > 0:15:24Only she soon discovered that
0:15:24 > 0:15:28the portfolio she'd been sold by Mint Brown Studios
0:15:28 > 0:15:31wasn't what any modelling agency was looking for.
0:15:35 > 0:15:38Before I go to meet Jan, I need to do some research
0:15:38 > 0:15:42into whether there's a link between Candi Models and Mint Brown Studios.
0:15:42 > 0:15:45A good place to start is to find out if they share any directors.
0:15:51 > 0:15:55Here's Candi Models, incorporated on the 20th of May, 2011,
0:15:55 > 0:15:58registered at an address in Henley-on-Thames.
0:15:59 > 0:16:02Next, Mint Brown Studios.
0:16:02 > 0:16:04Well, surprise, surprise.
0:16:04 > 0:16:08It was incorporated on the same date, registered at the same address
0:16:08 > 0:16:11in Henley-on-Thames by the same director, Nicholas Wood.
0:16:13 > 0:16:16So, Candi Models and Mint Brown Studios
0:16:16 > 0:16:17are both run by the same person,
0:16:17 > 0:16:21and operate out of the same converted North London warehouse.
0:16:22 > 0:16:25I think I'd better go and see Jan.
0:16:25 > 0:16:28By approaching this from a lawyer's perspective,
0:16:28 > 0:16:31I may be able to help Jan prove that she was misled
0:16:31 > 0:16:34and, therefore, she is entitled to get her money back.
0:16:36 > 0:16:38- Hi, Jan.- Hello.- Gary Bell.
0:16:40 > 0:16:42How many pictures have you got?
0:16:42 > 0:16:45We were told we needed 200 for a portfolio.
0:16:45 > 0:16:46Is that right?
0:16:46 > 0:16:49So you spend all this money on these very nice photographs
0:16:49 > 0:16:51of your very beautiful daughter,
0:16:51 > 0:16:53but they're utterly pointless to launch her as a model.
0:16:53 > 0:16:55Absolutely. Yeah.
0:16:55 > 0:16:57You don't need hundreds of photographs.
0:16:57 > 0:17:01You don't even need 50 photographs for a portfolio to be a model.
0:17:01 > 0:17:04All I needed, really, was a few photographs taken at home.
0:17:04 > 0:17:07So, in terms of launching a modelling career for Nicki,
0:17:07 > 0:17:10the portfolio, the web folio, the photographs,
0:17:10 > 0:17:14- and the list of modelling agencies is worthless?- Worthless.
0:17:14 > 0:17:17So these magic beans are not going to grow into a beanstalk?
0:17:17 > 0:17:19Unfortunately, no.
0:17:19 > 0:17:21'Jan wants a complete refund.
0:17:21 > 0:17:24'That's £50 for the refundable deposit,
0:17:24 > 0:17:27'£400 for the list of modelling agencies,
0:17:27 > 0:17:31'and £1,350 for the portfolio,
0:17:31 > 0:17:33'making a total of £1,800.
0:17:33 > 0:17:36'I need to help Jan work out how she can get it.'
0:17:36 > 0:17:40Right, let's have a look at the paperwork and see what caused
0:17:40 > 0:17:44- you to pay £1,800 to Mint Brown Studios, London.- OK.
0:17:45 > 0:17:47There isn't really much paperwork,
0:17:47 > 0:17:50but what Jan does have is quite revealing.
0:17:50 > 0:17:53This is an exclusive list of modelling agencies
0:17:53 > 0:17:55- that she was going to sell you for £400.- Yeah.
0:17:55 > 0:17:57It's two tatty pieces of paper.
0:17:57 > 0:17:59- Exactly.- With names and...
0:18:01 > 0:18:05And this is the information that Mint Brown Studios gave you
0:18:05 > 0:18:07when you booked to go up for the day, is that right?
0:18:07 > 0:18:10- Yes, it was, yeah.- Well, let's have a look at what that says, then.
0:18:10 > 0:18:13- It's what they sent to us after paying the initial £50.- Wonderful.
0:18:13 > 0:18:15"Thank you for choosing Candi Models to help
0:18:15 > 0:18:17"start your career in the modelling world.
0:18:17 > 0:18:19But the amazing opportunity is only given
0:18:19 > 0:18:22to a handful of successful candidates that have passed
0:18:22 > 0:18:24their selection process.
0:18:24 > 0:18:25So you thought that was an audition
0:18:25 > 0:18:28to see whether or not Nicki was going to be a model?
0:18:28 > 0:18:29Absolutely. 100%.
0:18:29 > 0:18:30- With Candi Models?- Yes.
0:18:30 > 0:18:32The thing that sold it to me, the one thing,
0:18:32 > 0:18:36all the time I was thinking, "I can't afford it, can't afford it."
0:18:36 > 0:18:39And then, all of a sudden, she came up with another thing,
0:18:39 > 0:18:45a sales ploy, the minimum that you can earn per casting is £1,000.
0:18:45 > 0:18:48I thought, "A couple of castings, three castings,
0:18:48 > 0:18:51- "I'll get my money back, and then she'll..."- You're in profit.
0:18:51 > 0:18:54Yeah, exactly. And that's what sold it to me.
0:18:55 > 0:18:58You know what they say, if it sounds too good to be true...
0:18:58 > 0:19:01- It probably isn't! - It probably isn't.- And it wasn't.
0:19:01 > 0:19:04'This is the key to her claim -
0:19:04 > 0:19:07'Jan thought her daughter Nicki was being auditioned
0:19:07 > 0:19:09'for a lucrative job as a model,
0:19:09 > 0:19:11'not just out to buy some nice pictures,
0:19:11 > 0:19:13'and the paperwork has given me an insight
0:19:13 > 0:19:16'into what is actually going on here.'
0:19:16 > 0:19:19The £400 model agency list that you're given,
0:19:19 > 0:19:24and the £1,350 that you paid for the photographs
0:19:24 > 0:19:27is all paid to Mint Brown.
0:19:27 > 0:19:30Who was the booking fee paid to? Do you know?
0:19:30 > 0:19:32That was paid to Mint Brown.
0:19:32 > 0:19:35- So, even the £50 booking fee was paid to Mint Brown?- Yeah.
0:19:35 > 0:19:38Candi Models is the trap that Mint Brown sets
0:19:38 > 0:19:42to entice young girls to come with their parents
0:19:42 > 0:19:44- and cough up.- Absolutely.
0:19:45 > 0:19:49I'm now convinced that Jan has a good case to ask for her refund,
0:19:49 > 0:19:51because she was misled by the salesperson
0:19:51 > 0:19:54and the product she bought isn't fit for purpose.
0:19:54 > 0:19:56First step is for Jan to simply call
0:19:56 > 0:19:58and ask one last time for her money back.
0:19:58 > 0:20:01I always think it's a good idea to ask in person -
0:20:01 > 0:20:04that is, if you can get through.
0:20:04 > 0:20:06It's busy. User busy.
0:20:06 > 0:20:08So, you've tried to call them now about ten times,
0:20:08 > 0:20:11- and every time the phone's busy. - Yes.
0:20:11 > 0:20:12Can't get through.
0:20:12 > 0:20:15So, what we have to do is to write to them
0:20:15 > 0:20:17- what we call a letter before action. - OK.
0:20:22 > 0:20:24'Because Jan can't contact them by phone,
0:20:24 > 0:20:27'her only option is a letter before action.
0:20:27 > 0:20:30'It will be the first the studio know of her wanting a refund.
0:20:30 > 0:20:33'She must say who she is and what she spent.
0:20:33 > 0:20:36'She must also explain why she feels she was mis-sold the product,
0:20:36 > 0:20:40'mentioning the promise of "£1,000 per casting".
0:20:40 > 0:20:45'Lastly, she must say that she wants a refund within 14 days.
0:20:45 > 0:20:49'If this goes to court, a letter giving a deadline is vital.'
0:20:50 > 0:20:52Writing this letter is the first step
0:20:52 > 0:20:54along the road to getting this money back,
0:20:54 > 0:20:57but it may mean that you have to go to court eventually to get it.
0:21:02 > 0:21:07Jan paid £1,800 for what, in effect, is a useless portfolio.
0:21:07 > 0:21:11She wants Mint Brown to pay the money back, and so do I.
0:21:12 > 0:21:17My name is Gary Bell, and as a QC I spend most of my working life
0:21:17 > 0:21:20dealing with major court cases.
0:21:20 > 0:21:22But I haven't always been a barrister.
0:21:22 > 0:21:24I've known some tough times,
0:21:24 > 0:21:28and now I want to use my knowledge of the law to help others.
0:21:28 > 0:21:32I want to show you how you can use the courts to recover your money.
0:21:36 > 0:21:40Sue Williams thought she was moving her narrow boat to Barby Moorings,
0:21:40 > 0:21:44a newly built marina advertised as having the latest facilities.
0:21:44 > 0:21:46Only, when she got there, it wasn't.
0:21:46 > 0:21:50So far, I've helped Sue draft a letter asking for all
0:21:50 > 0:21:53the costs involved in her pointless move to be paid back.
0:21:57 > 0:22:00Sue told me she first read about Barby Moorings on a leaflet,
0:22:00 > 0:22:02but they also have a website.
0:22:04 > 0:22:06It looks great.
0:22:06 > 0:22:10There's the bank-side mooring where Sue was going to create her garden.
0:22:10 > 0:22:13Here's a list of facilities that were promised.
0:22:13 > 0:22:16When Sue originally saw the website,
0:22:16 > 0:22:18it said the facilities were there already,
0:22:18 > 0:22:20so she was happy to pay her deposit.
0:22:22 > 0:22:24The website has clearly changed.
0:22:24 > 0:22:26Whenever a company changes its advertising,
0:22:26 > 0:22:29it's worth checking to see if this is because
0:22:29 > 0:22:32they've been investigated by the Advertising Standards Authority.
0:22:34 > 0:22:36Here's their website.
0:22:36 > 0:22:39And, yes, there's an adjudication about the facilities
0:22:39 > 0:22:41advertised by Barby Moorings.
0:22:41 > 0:22:44Someone, apart from Sue Williams, complained.
0:22:47 > 0:22:50The ASA agreed and told Barby Moorings to amend their website
0:22:50 > 0:22:53and only claim for what was actually available,
0:22:53 > 0:22:56and that's exactly what they've done.
0:22:58 > 0:23:01So, Barby Moorings were falsely advertising their facilities,
0:23:01 > 0:23:03which will be useful to Sue in her claim -
0:23:03 > 0:23:07it shows that other people have also complained about Barby Moorings.
0:23:07 > 0:23:10Sue wasn't the only person taken in by their broken promises.
0:23:14 > 0:23:17This is the 61-foot narrow boat Vital Spark.
0:23:19 > 0:23:22And her skipper, Frank Watts.
0:23:22 > 0:23:25I bought it soon after my wife died.
0:23:25 > 0:23:31I got it as a bare shell and over the following years
0:23:31 > 0:23:34I fitted it out completely to the state it is today.
0:23:35 > 0:23:38Frank was looking for a marina in the Midlands,
0:23:38 > 0:23:41and when he found Barby Moorings it was just what he wanted.
0:23:43 > 0:23:46Frank moved Vital Spark up to the marina,
0:23:46 > 0:23:49and that's when the trouble started.
0:23:52 > 0:23:54The first surprise to me
0:23:54 > 0:23:59was that the electricity was only available for 12 hours a day.
0:24:01 > 0:24:04Frank was then told by the owners that he must move his boat
0:24:04 > 0:24:06to another part of the marina.
0:24:07 > 0:24:09I found myself in an...
0:24:09 > 0:24:11I don't quite know how to describe it,
0:24:11 > 0:24:15it was just a pond of water and no moor.
0:24:15 > 0:24:18I couldn't get on and off of the boat easily.
0:24:18 > 0:24:23When I used the length of staging that they provided
0:24:23 > 0:24:27it damaged the boat. I was extremely unhappy with it.
0:24:27 > 0:24:31It simply was not what I was either expecting,
0:24:31 > 0:24:36what I had paid for, or where I was prepared to leave my boat
0:24:36 > 0:24:38which represents a fair investment for me.
0:24:41 > 0:24:44Frank left Barby Moorings and wrote to ask for a refund.
0:24:44 > 0:24:49He got a response to his second letter, but not with a refund.
0:24:49 > 0:24:53A further bill from him for an additional £250,
0:24:53 > 0:24:57because I hadn't given my 13 weeks notice to him.
0:24:59 > 0:25:02Frank has now resorted to court action to recover his money.
0:25:04 > 0:25:06I'm sad because...
0:25:06 > 0:25:08it was so unnecessary.
0:25:11 > 0:25:13Unlike Frank, when Sue left Barby Moorings
0:25:13 > 0:25:16she ended up in an argument with Tony McMaster.
0:25:16 > 0:25:19But I think it's important to be dispassionate
0:25:19 > 0:25:22about who said what to who, even if things did get a little heated.
0:25:24 > 0:25:28When Dave Gartland and his partner, Liz, heard about Barby Moorings,
0:25:28 > 0:25:31they thought they'd found just the type of mooring they were looking for.
0:25:33 > 0:25:35We had explained to Tony McMaster
0:25:35 > 0:25:38that we had very specific needs from the marina.
0:25:38 > 0:25:41The reason being, I'm a bilateral amputee,
0:25:41 > 0:25:44so I've lost both my legs, and Tony McMaster assured us
0:25:44 > 0:25:46that the pontoons that he was building
0:25:46 > 0:25:49were going to be wider than the average,
0:25:49 > 0:25:52they would fit our requirements exactly.
0:25:53 > 0:25:55This was great news for Dave.
0:25:55 > 0:25:58The new marina would cater perfectly for his special needs,
0:25:58 > 0:26:02but when he got there he discovered that the promises were false.
0:26:05 > 0:26:09There was no pontoon that had been described to us that would be
0:26:09 > 0:26:12suitable for me with my disability to get on and off the boat.
0:26:12 > 0:26:16Instead, we were put on a bank-side mooring that actually was only
0:26:16 > 0:26:21a very small pontoon fore and aft on the boat with nothing in the middle.
0:26:21 > 0:26:24A big gap of about six foot between the boats,
0:26:24 > 0:26:27so I couldn't even get access to the side doors.
0:26:29 > 0:26:31When Dave e-mailed Tony McMaster,
0:26:31 > 0:26:34he replied, telling him to remove his boat from the marina.
0:26:34 > 0:26:38When he went back to get it, he was presented with yet another bill.
0:26:39 > 0:26:42When I said, "I'm sorry, I'm not paying it,"
0:26:42 > 0:26:44he became very, very aggressive.
0:26:44 > 0:26:46He made an aggressive move towards my partner.
0:26:46 > 0:26:52He had to be restrained with a hand across his chest by his partner.
0:26:52 > 0:26:57It was just the sheer threat of violence in his voice.
0:27:01 > 0:27:03Dave and his partner were clearly very upset,
0:27:03 > 0:27:05and it does chime with Sue's story.
0:27:05 > 0:27:08But, as a QC, I see allegations of threatening behaviour
0:27:08 > 0:27:10every day in the criminal courts.
0:27:10 > 0:27:13I think in the civil courts it can get in the way of the real issues.
0:27:13 > 0:27:16My advice to Sue is to focus on her claim for money
0:27:16 > 0:27:18and not get sidetracked.
0:27:21 > 0:27:24I believe Sue has a straightforward case.
0:27:24 > 0:27:27The facilities at Barby were far from what was promised
0:27:27 > 0:27:31and we can show that the ASA ruled that the website was misleading.
0:27:33 > 0:27:36Sue's done everything she can to reclaim her money.
0:27:36 > 0:27:38She wrote to him and heard nothing,
0:27:38 > 0:27:41and now the deadline she gave him to pay up has passed.
0:27:41 > 0:27:45I think the only course of action left for Sue now is to go to court.
0:27:46 > 0:27:49To start Sue's claim, she simply needs to fill in a form.
0:27:49 > 0:27:52I've already downloaded and printed a copy for Sue,
0:27:52 > 0:27:54but she could fill it in online
0:27:54 > 0:27:57or get one at her local court or Citizen's Advice Bureau.
0:27:58 > 0:28:01Well, Sue, this is your claim, so, if you can fill it in.
0:28:01 > 0:28:04First you put your name, now, that's "Sue Williams".
0:28:06 > 0:28:08See, I'm helping you every step of the way(!)
0:28:09 > 0:28:11And next are the defendants.
0:28:11 > 0:28:14Shall I put Barby or McMaster?
0:28:14 > 0:28:16Did you have a contract with McMaster or with Barby?
0:28:16 > 0:28:18- Barby.- Barby Moorings Ltd.
0:28:20 > 0:28:22Next is the claim itself.
0:28:22 > 0:28:25In Sue's case, the key points are that none of the promised
0:28:25 > 0:28:28facilities were available and that she was unfairly evicted.
0:28:31 > 0:28:33And we make sure that we show that he breached
0:28:33 > 0:28:36- the contract by unreasonably throwing you off the site.- OK.
0:28:36 > 0:28:39Once the value of the claim and all the key dates
0:28:39 > 0:28:42and events are added, the form can be sent in to the court.
0:28:42 > 0:28:46There is a small fee to pay, but it's added to the claim as a cost.
0:28:46 > 0:28:48Right, Sue, let's get this thing posted
0:28:48 > 0:28:51- and then we can get your money back. - Okey-doke.
0:28:52 > 0:28:54Once Sue's claim is received by the court,
0:28:54 > 0:28:56they will notify Tony McMaster.
0:28:58 > 0:29:02- So, Sue, this has been a very sad episode of your life.- Yes, it has.
0:29:02 > 0:29:05And, hopefully, in posting this, it will be the first step
0:29:05 > 0:29:08- in bringing this sorry episode to an end.- Yeah, I hope so.
0:29:11 > 0:29:13There we are, Mr McMaster.
0:29:13 > 0:29:17Tony McMaster promised Sue a state-of-the-art marina.
0:29:17 > 0:29:20He kept promising that things were going to be done
0:29:20 > 0:29:22within the next few weeks, and they never aware.
0:29:22 > 0:29:24If he doesn't pay up the money that Sue's lost
0:29:24 > 0:29:27as a result of believing in his promises,
0:29:27 > 0:29:31the next person he's going to have to convince is a judge.
0:29:33 > 0:29:37The court has received Sue's papers and she's now heard back
0:29:37 > 0:29:41that Tony McMaster has not only replied, he's filed a defence.
0:29:46 > 0:29:48Sue's also got a decision to make.
0:29:48 > 0:29:51The court system offers the chance for mediation
0:29:51 > 0:29:54rather than going straight to a hearing in front of a judge.
0:29:57 > 0:30:01This is a free service where both sides can negotiate the claim,
0:30:01 > 0:30:05through a third-party impartial mediator provided by the court,
0:30:05 > 0:30:09hopefully finding a solution that is acceptable to both sides
0:30:09 > 0:30:11without a hearing in front of a judge.
0:30:14 > 0:30:18Any lawyer will tell you that court should always be the last resort.
0:30:18 > 0:30:20If Sue does choose mediation,
0:30:20 > 0:30:22let's hope Tony McMaster agrees to it, as well.
0:30:26 > 0:30:29SHUTTER SNAPS
0:30:29 > 0:30:31I'm back on the case of the mum who believes
0:30:31 > 0:30:34she was ripped off by a photo studio.
0:30:34 > 0:30:37She thought her daughter was being auditioned by Candi Models,
0:30:37 > 0:30:40when in fact she was being sold a modelling portfolio
0:30:40 > 0:30:42by Mint Brown Studios.
0:30:42 > 0:30:46Jan Koutris has written to them asking for her money back.
0:30:49 > 0:30:52We know Mint Brown Studios and Candi Models share the same director,
0:30:52 > 0:30:56and that they use the Candi Models website to drum up custom,
0:30:56 > 0:31:00but if Jan and Nicki had done a quick search online,
0:31:00 > 0:31:03they'd have discovered the word "scam" in two clicks.
0:31:05 > 0:31:08And it hasn't taken me long to find other people
0:31:08 > 0:31:11who are very unhappy at the way Candi Models have treated them.
0:31:14 > 0:31:18Lilly Krupa is a 20-year-old student from Poland.
0:31:23 > 0:31:26Lilly sent her photo to Candi Models, and when they replied saying
0:31:26 > 0:31:31she'd been selected for an audition, she thought she'd hit the jackpot.
0:31:31 > 0:31:34On the phone, the Candi Models rep told Lilly that
0:31:34 > 0:31:37if her test shoot was successful it would be free.
0:31:37 > 0:31:41After the shoot at the Mint Brown Studios, Lilly was told
0:31:41 > 0:31:43she'd passed, so she was very surprised
0:31:43 > 0:31:47when they dropped the bombshell of the price list.
0:31:47 > 0:31:49I said, "I can't afford it."
0:31:49 > 0:31:51He said, "What did you think? What did you think?
0:31:51 > 0:31:53"How much money have you got for today?
0:31:53 > 0:31:55How much money did you bring with you?
0:31:55 > 0:31:57"What did you think - it was going to be free?"
0:31:57 > 0:32:01And this is when I said, "Yes, I did. That's what I was told on the phone."
0:32:02 > 0:32:06This is when his attitude towards me completely changed.
0:32:06 > 0:32:08He became aggressive.
0:32:09 > 0:32:13But I said, "Yeah, I can pay £200 today. Is it all right?"
0:32:13 > 0:32:15And he said, "No."
0:32:15 > 0:32:16Lilly agreed to pay £300 now
0:32:16 > 0:32:20and the rest when she received the photographs.
0:32:20 > 0:32:23When she got home, she told her friend what had happened.
0:32:23 > 0:32:25I googled Candi Models
0:32:25 > 0:32:29and the first thing that came up was "Candi Models scam".
0:32:33 > 0:32:36When I found out, I was just a mess.
0:32:38 > 0:32:41Lilly has no intention of paying any more money,
0:32:41 > 0:32:45so she hasn't received her portfolio from Candi Models.
0:32:45 > 0:32:50She spent £350 on absolutely nothing.
0:32:50 > 0:32:54As a student, £300 is a lot of money for me.
0:32:59 > 0:33:01It's really not very difficult to find other people
0:33:01 > 0:33:04who feel they've been duped into spending money pointlessly
0:33:04 > 0:33:06with Mint Brown Studios.
0:33:07 > 0:33:10When 17-year-old Candida and her mum, Jennifer,
0:33:10 > 0:33:14went to the Candi Models test shoot, they were both thrilled to be
0:33:14 > 0:33:18told that Candida had successfully passed the modelling audition.
0:33:20 > 0:33:21I was very happy, actually.
0:33:21 > 0:33:24I thought, "This is the beginning of some career for my daughter."
0:33:24 > 0:33:26And I just encouraged her.
0:33:28 > 0:33:30After the photo shoot, Candida was told
0:33:30 > 0:33:34if she wanted to start a career she would need a portfolio.
0:33:34 > 0:33:37A £3,000 portfolio.
0:33:41 > 0:33:44"Oh, I don't have that much money," I told them.
0:33:46 > 0:33:49"So, how much do you have in your account?" he asked.
0:33:49 > 0:33:53And I told him, like, "I've got some £200 or £300. That's it."
0:33:55 > 0:33:58The salesman said he'd take the entire contents of Jennifer's
0:33:58 > 0:34:02bank account as a down payment, and the rest could be paid
0:34:02 > 0:34:05in instalments by signing a credit agreement.
0:34:05 > 0:34:08There was no way we were getting out of it. We were...
0:34:08 > 0:34:10We had to buy some pictures.
0:34:12 > 0:34:16Once Candida and her mother had left the studios, they realised
0:34:16 > 0:34:19they'd been pressured into buying something that they didn't want.
0:34:22 > 0:34:25I was made to feel very awkward and very horrible.
0:34:26 > 0:34:28Despite paying £250,
0:34:28 > 0:34:31they still haven't received a single photograph.
0:34:31 > 0:34:33Just like Jan and her daughter,
0:34:33 > 0:34:36they thought they were going to an audition at Candi Models,
0:34:36 > 0:34:39but ended up paying for photos from Mint Brown Studios.
0:34:44 > 0:34:47Consumer law is very clear on mis-selling.
0:34:47 > 0:34:50You can't make false claims about what a product can do,
0:34:50 > 0:34:52and that includes modelling portfolios.
0:34:52 > 0:34:56Jan was told that the portfolio she bought for her daughter was worthless.
0:34:56 > 0:34:59I'm a lawyer - I don't take anything for granted.
0:34:59 > 0:35:01I need to check for myself,
0:35:01 > 0:35:05so I've arranged for the portfolio to be looked at by an expert.
0:35:05 > 0:35:08What we need is one of Britain's leading fashion photographers.
0:35:17 > 0:35:19I'm Perou, I'm a photographer and director.
0:35:19 > 0:35:22I take photographs of the most beautiful, famous,
0:35:22 > 0:35:25rich, successful people, and others, around the world.
0:35:29 > 0:35:33These are photos that you might see a photographer shooting
0:35:33 > 0:35:34in a high street shop.
0:35:36 > 0:35:38They look a little bit dated, if anything.
0:35:38 > 0:35:41They're very kind of '80s in the aesthetic.
0:35:43 > 0:35:45The pictures that we choose models from
0:35:45 > 0:35:49when they're first starting out are generally just Polaroids.
0:35:49 > 0:35:53No make-up, no hair, no fancy pictures in portfolios
0:35:53 > 0:35:57or unfancy pictures in portfolios, but they're just straight snaps.
0:35:59 > 0:36:03For me, it's not about the money or the quality of the photographs -
0:36:03 > 0:36:08it's this false advertising, this idea that with these photographs,
0:36:08 > 0:36:12and if you spend this money you will then get work as a model.
0:36:12 > 0:36:13It's definitely not going to happen.
0:36:15 > 0:36:18It's very, very hard and it's incredibly competitive.
0:36:18 > 0:36:23I see these girls as vulnerable, in terms of they want to be models,
0:36:23 > 0:36:26somebody's said to them they're pretty, they should do modelling...
0:36:26 > 0:36:30To be told that if you buy a portfolio you will get
0:36:30 > 0:36:32modelling work is complete lies.
0:36:35 > 0:36:38It's now 14 days since Jan sent the letter before action,
0:36:38 > 0:36:41and Jan tells me she's heard nothing.
0:36:42 > 0:36:45So we've only got one option left.
0:36:45 > 0:36:47- It's the only way you can get the money back.- I know.
0:36:48 > 0:36:51'Jan is the claimant and, as all her payments were
0:36:51 > 0:36:54'to Mint Brown Studios, they will be the defendant.'
0:36:54 > 0:36:56We've set the brief details of claim out here,
0:36:56 > 0:37:00so that the judge can see very quickly what the case is all about.
0:37:00 > 0:37:02'Jan needs to detail what she is claiming
0:37:02 > 0:37:04'and why she is claiming it.'
0:37:06 > 0:37:09In this case, you bought a webfolio, some photographs
0:37:09 > 0:37:13and a model list, for a grand total of £1,800,
0:37:13 > 0:37:17because you understood from them that almost the moment
0:37:17 > 0:37:18that you paid the money
0:37:18 > 0:37:21your daughter would be on £1,000 a day as a model.
0:37:21 > 0:37:24'Next is a breakdown of the value of her claim.
0:37:24 > 0:37:28'£50 deposit, £1,350 for photographs,
0:37:28 > 0:37:31'and £400 for the two sheets of A4 paper
0:37:31 > 0:37:34'with a list of modelling agencies on them.'
0:37:34 > 0:37:38Now, you appreciate that if you sue them for the £400,
0:37:38 > 0:37:42they are then entitled to have the exclusive list back?
0:37:42 > 0:37:44SHE LAUGHS
0:37:45 > 0:37:50- I'm sure I can arrange that. - So you won't have it any more.
0:37:50 > 0:37:52You won't be able to look into it, and...
0:37:52 > 0:37:54Can you do without it?
0:37:54 > 0:37:55- I can do without it.- Right.
0:37:57 > 0:38:00'I wonder if Mint Brown Studios will be laughing
0:38:00 > 0:38:02'when they receive notification from the court.'
0:38:04 > 0:38:05Right, there's the postbox.
0:38:05 > 0:38:08'This is Jan's claim, so she needs to post it.'
0:38:08 > 0:38:11- Let's get this thing posted.- OK.
0:38:12 > 0:38:14A very brave thing that you're doing here, Jan.
0:38:14 > 0:38:16I know, but it's scary.
0:38:16 > 0:38:20- I don't suppose they get that many court summonses.- No.
0:38:20 > 0:38:23But if they're not going to pay you, it's the only option we've got.
0:38:23 > 0:38:27- Absolutely.- Right, do you want to post it, then?- Yes, please.
0:38:32 > 0:38:35Everything I've discovered about this so-called modelling agency
0:38:35 > 0:38:38leads me to believe they'll treat Jan's claim the same way
0:38:38 > 0:38:42they deal with all complaints - they'll simply ignore it.
0:38:42 > 0:38:44Let's see if they can ignore a court summons.
0:38:46 > 0:38:49Meanwhile, narrow-boat owner Sue Williams is seeking
0:38:49 > 0:38:53to recover the costs of moving her boat to an unfinished marina.
0:38:53 > 0:38:56Sue's also asked for the court to be dealt with
0:38:56 > 0:38:58by the court mediation service.
0:39:01 > 0:39:04I've heard back from Sue, and Tony McMaster has agreed.
0:39:04 > 0:39:07The mediation will be done over the phone.
0:39:07 > 0:39:10A trained mediator will ring both parties to see if they can reach
0:39:10 > 0:39:13a settlement which is agreeable to both of them.
0:39:13 > 0:39:15I can't speak for Sue in this mediation,
0:39:15 > 0:39:18but I can get her ready and build her confidence for that call.
0:39:18 > 0:39:20So, Sue, what's been happening since I last saw you?
0:39:20 > 0:39:23Oh! I don't know where to start.
0:39:23 > 0:39:25I don't know how to get in there.
0:39:25 > 0:39:27- The same way I have. - I'll have a go.
0:39:27 > 0:39:30'I have a feeling Sue's a little worried.
0:39:30 > 0:39:32'I want to settle her nerves.'
0:39:34 > 0:39:36So, Gary, what's your best advice?
0:39:36 > 0:39:40Answer the questions, be honest,
0:39:40 > 0:39:42- answer them all truthfully.- Yes.
0:39:42 > 0:39:45Don't ramble on. Because I know you've got the capacity
0:39:45 > 0:39:47to do that a bit, Sue.
0:39:47 > 0:39:50But don't be too short.
0:39:50 > 0:39:53Don't be like my kids are when I ask them how they are -
0:39:53 > 0:39:55"Fine."
0:39:56 > 0:39:58'Mediation is all about negotiating.
0:39:58 > 0:40:01'I think Sue's very capable of getting her point across.'
0:40:03 > 0:40:06- You're quite happy to speak for yourself, aren't you?- Yes, I am.
0:40:06 > 0:40:09I'm just worried about having mental blocks and silly things.
0:40:09 > 0:40:11Right, you mustn't be nervous about this at all, Sue.
0:40:11 > 0:40:13- OK.- It's not the Spanish Inquisition.
0:40:13 > 0:40:17'Sue just needs to make sure she's properly prepared,
0:40:17 > 0:40:19'by having all her paperwork organised.'
0:40:19 > 0:40:21It's not that worrying.
0:40:21 > 0:40:23You just go in there, you tell the truth,
0:40:23 > 0:40:26you answer the questions that you're asked.
0:40:26 > 0:40:28'Let's hope Sue follows my plan
0:40:28 > 0:40:31'and gets Tony McMaster to see things her way.'
0:40:32 > 0:40:35Sue is claiming from Tony McMaster of Barby Moorings
0:40:35 > 0:40:37£400 for her deposit,
0:40:37 > 0:40:40£300 for the fuel to bring her boat to Barby Moorings,
0:40:40 > 0:40:46and £1,496 for the storage of garden equipment,
0:40:46 > 0:40:48along with some other expenses.
0:40:53 > 0:40:56'The court mediation service is designed to be impartial.
0:40:56 > 0:41:00'It's also confidential, and the rules are very strict.
0:41:00 > 0:41:02'After she's made the call,
0:41:02 > 0:41:04'I meet up with Sue to find out how it went.'
0:41:04 > 0:41:07So, tell us about the mediation process today, Sue.
0:41:07 > 0:41:09The time flew, actually.
0:41:09 > 0:41:12The time flew, even though you're sitting waiting for phone calls.
0:41:12 > 0:41:15- Right.- It's actually on and off. They'll talk to you,
0:41:15 > 0:41:18the line cuts, and they go back to the other...
0:41:18 > 0:41:20- Right, and then they come back to you?- Yes.
0:41:20 > 0:41:23You've got to listen to everything she says,
0:41:23 > 0:41:25even if you want to say, "No..." You've got to listen.
0:41:25 > 0:41:28- Now, mediation is confidential. - That's right.
0:41:28 > 0:41:31And you're not allowed to tell us, in fact, what offers were made,
0:41:31 > 0:41:32what counter offers you made,
0:41:32 > 0:41:34but how do you feel about the settlement?
0:41:36 > 0:41:38I'm very happy with it.
0:41:38 > 0:41:40- Are you glad it's all over?- Yes.
0:41:40 > 0:41:42That's the best thing I've ever done.
0:41:44 > 0:41:48Under the rules, Sue can't tell us the exact details of the settlement,
0:41:48 > 0:41:50but two things are clear -
0:41:50 > 0:41:52Sue is very happy with what's been offered,
0:41:52 > 0:41:54and the case is settled.
0:41:55 > 0:41:58We asked Barby Moorings to explain what had happened.
0:41:58 > 0:42:00They didn't reply.
0:42:00 > 0:42:03There have also been some developments in our second case.
0:42:03 > 0:42:07Back in Brighton, Jan Koutris wanted a full refund to cover the cost of
0:42:07 > 0:42:11her daughter's modelling portfolio that she argued was worthless.
0:42:12 > 0:42:15Jan's claim was £50 deposit,
0:42:15 > 0:42:19£400 for a list of modelling agencies on two sheets A4 paper,
0:42:19 > 0:42:22and £1,350 for the portfolio.
0:42:27 > 0:42:30Jan received a letter from the court saying that the deadline
0:42:30 > 0:42:33for a response from Mint Brown Studios had passed.
0:42:35 > 0:42:38I was quite surprised when I phoned the court and they said
0:42:38 > 0:42:41that they had actually put in a defence but it was too late,
0:42:41 > 0:42:44which made me smile, because these are the type of people,
0:42:44 > 0:42:48I think, that just think, "Oh, she won't take it any further."
0:42:48 > 0:42:51Because Mint Brown Studios missed the deadline for defending
0:42:51 > 0:42:54their claim, judgment has been entered in Jan's favour,
0:42:54 > 0:42:56meaning that she's won her case.
0:42:56 > 0:42:59We asked Mint Brown Studios AND Candi Models for a comment,
0:42:59 > 0:43:01but neither of them bothered to reply.
0:43:02 > 0:43:06If Mint Brown Studios don't pay up, Jan can start the process
0:43:06 > 0:43:09of getting her money back by passing the claim on for enforcement.
0:43:11 > 0:43:14I would say it's well worth following it through.
0:43:14 > 0:43:17I will feel proud of myself that I've actually taken them
0:43:17 > 0:43:19to court and actually stood up against them.
0:43:21 > 0:43:23That is what this is all about.
0:43:23 > 0:43:27Jan and Sue stood up for themselves and have both been successful
0:43:27 > 0:43:31by using the power of the courts to resolve their problems.
0:43:31 > 0:43:33Jan won her case,
0:43:33 > 0:43:36and Sue used mediation to get a negotiated settlement
0:43:36 > 0:43:39she was very happy with.
0:43:39 > 0:43:40Going to court isn't easy,
0:43:40 > 0:43:44and I don't think it's something that should be taken lightly,
0:43:44 > 0:43:46but sometimes you have no other choice.
0:43:46 > 0:43:47The courts are there for us all,
0:43:47 > 0:43:50to give everyone a chance to stand up for their rights.
0:43:50 > 0:43:52Sue and Jan certainly did.
0:44:11 > 0:44:15Subtitles by Red Bee Media Ltd