0:00:02 > 0:00:03I've had an interesting life -
0:00:03 > 0:00:06coalminer, forklift truck driver,
0:00:06 > 0:00:10bricklayer, factory production line worker,
0:00:10 > 0:00:13fireman...
0:00:13 > 0:00:16I'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 > 0:00:25As a Queen's Counsel barrister, I know the law inside out.
0:00:28 > 0:00:33I've prosecuted and defended some 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 > 0:00:44At some point we've all felt ripped off, cheated or conned.
0:00:44 > 0:00:47It's frustrating, costly and stressful,
0:00:47 > 0:00:53but 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're owed.
0:01:05 > 0:01:08Today I'll be helping a football fan who was left
0:01:08 > 0:01:10stranded by the side of the road.
0:01:10 > 0:01:14I was the butt of everybody's jokes for the next four or five weeks.
0:01:14 > 0:01:18But first I'm in North London with a young woman from the USA
0:01:18 > 0:01:20who's looking for her missing deposit.
0:01:20 > 0:01:22I can't believe that someone could do that to somebody else
0:01:22 > 0:01:24without any conscience.
0:01:24 > 0:01:28I'm going to help both these people work out how they've been cheated
0:01:28 > 0:01:32and show them how they can use the law to get back what they're owed.
0:01:46 > 0:01:50This is Amanda Ciske, from Wisconsin.
0:01:50 > 0:01:53I moved to London three years ago, fell in love with the city,
0:01:53 > 0:01:55didn't want to leave.
0:01:55 > 0:02:00Very busy. I work about seven days a week at the moment.
0:02:00 > 0:02:03Amanda's hectic life didn't leave her much spare time,
0:02:03 > 0:02:06and even less when she needed to look for a new flat.
0:02:06 > 0:02:09Finding a flat in London is extremely difficult.
0:02:09 > 0:02:14You find a flat and chances are it's already gone.
0:02:16 > 0:02:20So, when she did find somewhere, Amanda needed to act quickly.
0:02:20 > 0:02:24I literally ran down the road, saw the place, the landlord came
0:02:24 > 0:02:26and I fell in love with it.
0:02:26 > 0:02:31So if I wanted it I basically had to secure it straightaway.
0:02:31 > 0:02:33Having decided to take the flat,
0:02:33 > 0:02:36Amanda went straight to the letting agent, Pearl Homes.
0:02:36 > 0:02:41She was asked to pay a security deposit of £1,170 that would be
0:02:41 > 0:02:43returned at the end of her tenancy.
0:02:48 > 0:02:52We lived in the flat in Crouch End for a year and a half.
0:02:52 > 0:02:55It came towards the end of the agreement
0:02:55 > 0:02:58and we just decided that it was time to move.
0:02:58 > 0:03:02The landlord was happy for the security deposit to be returned,
0:03:02 > 0:03:06so it was time for Amanda to get back in touch with Pearl Homes.
0:03:08 > 0:03:10Except she couldn't.
0:03:10 > 0:03:14The telephone numbers that I had were no longer listed,
0:03:14 > 0:03:16so I couldn't even get through.
0:03:16 > 0:03:19One just dialled and rang off.
0:03:21 > 0:03:24And the e-mail addresses I had, no responses.
0:03:25 > 0:03:29I got in touch with my landlord and asked if he had any success,
0:03:29 > 0:03:34and he had the same problem, said no-one could find them.
0:03:35 > 0:03:39Amanda was now so concerned about her deposit that she decided
0:03:39 > 0:03:41to visit the office of Pearl Homes in person.
0:03:46 > 0:03:49Only to find it was boarded up.
0:03:53 > 0:03:58I didn't expect that the agents would suddenly disappear.
0:04:02 > 0:04:05Amanda has tried everything to track down Pearl Homes.
0:04:05 > 0:04:10She's even posted on social media websites and had no luck.
0:04:10 > 0:04:12As she can't find Pearl Homes,
0:04:12 > 0:04:14she can't find her money
0:04:14 > 0:04:19and thinks she's now lost the £1,170 deposit.
0:04:19 > 0:04:22Losing that deposit has completely set me back.
0:04:22 > 0:04:23I've never been able to catch up
0:04:23 > 0:04:26and each month I feel like I'm behind.
0:04:26 > 0:04:30I just couldn't believe that someone could do that to somebody else
0:04:30 > 0:04:33without any conscience.
0:04:35 > 0:04:37Who else has he done it to?
0:04:45 > 0:04:49Amanda is right to wonder whether this has happened to other people.
0:04:49 > 0:04:51A busy London letting agent could deal with dozens of tenants
0:04:51 > 0:04:53and their deposits each month.
0:04:53 > 0:04:56It may be that they've just moved and Amanda can't find them
0:04:56 > 0:04:58or it might be more serious.
0:04:58 > 0:05:02I'll be seeing Amanda later to try and track down this letting agent.
0:05:08 > 0:05:10Wealth fund manager, Iain Cockbain,
0:05:10 > 0:05:13lives with his kids in the town of Formby,
0:05:13 > 0:05:14just north of Liverpool.
0:05:14 > 0:05:18Iain is a massive fan of Everton Football Club.
0:05:18 > 0:05:20I'm from Bootle and I've always supported Everton
0:05:20 > 0:05:23ever since I was a small child.
0:05:23 > 0:05:28And I'm a realist, though, I know that we're not very good,
0:05:28 > 0:05:30but once an Evertonian, always an Evertonian.
0:05:30 > 0:05:33Iain's club Everton were drawn against local rivals Liverpool
0:05:33 > 0:05:38in the semifinal of the FA Cup to be played at Wembley Stadium.
0:05:38 > 0:05:40Everton are struggling to make ends meet,
0:05:40 > 0:05:44so our only real chance of success... We have two chances,
0:05:44 > 0:05:47one was the Carling Cup and the other was the FA Cup,
0:05:47 > 0:05:49and we were in the semifinal of the FA Cup.
0:05:49 > 0:05:51It's a massive game.
0:05:53 > 0:05:55With so much at stake for his team,
0:05:55 > 0:05:58Iain and his friends were determined to make a day of it.
0:05:58 > 0:06:00There were about 15 to 20 of us
0:06:00 > 0:06:05who were all members of the Joe Mercer lounge at Goodison Park,
0:06:05 > 0:06:07and the guys all said to me,
0:06:07 > 0:06:10"We need to get a coach organised to go down to Wembley."
0:06:10 > 0:06:14Iain decided he'd organise the coach for his friends and their families.
0:06:14 > 0:06:17A friend recommended a company called First National Coaches,
0:06:17 > 0:06:19and Iain was impressed by their website.
0:06:19 > 0:06:23They were executive luxury coaches. A guy from First National
0:06:23 > 0:06:24actually told me he was sending us
0:06:24 > 0:06:28the coach that Man United had used on occasions this season.
0:06:28 > 0:06:31So we gave him a call and yes, they had a coach available.
0:06:31 > 0:06:35We booked it hurriedly and as soon as the invoice arrived,
0:06:35 > 0:06:39I paid it in full, to make sure they didn't sell it to somebody else.
0:06:40 > 0:06:44Iain was now set for the trip down to the big game.
0:06:44 > 0:06:48It's just a great day out. It's not so much the match.
0:06:48 > 0:06:51Matches are excruciating to watch, to be honest with you,
0:06:51 > 0:06:53especially when you are an Evertonian.
0:06:53 > 0:06:54But it's the whole day out.
0:06:54 > 0:06:57You know, we were due to leave early morning, jump on the coach.
0:06:57 > 0:07:02We had all sorts of videos, Everton videos, to play on the way down.
0:07:02 > 0:07:07We had the drinks organised, we had a buffet organised on the coach,
0:07:07 > 0:07:09and it was just great fun and the banter.
0:07:10 > 0:07:16I allowed two token Reds on, to show that I wasn't completely biased.
0:07:16 > 0:07:18The coach was booked to pick Iain
0:07:18 > 0:07:22and his party up at 4:30am outside a local hotel.
0:07:23 > 0:07:26They waited and waited, until...
0:07:27 > 0:07:30Nothing turned up. The coach didn't arrive.
0:07:30 > 0:07:34So I tried the phone number of First National.
0:07:34 > 0:07:35It just goes on to answerphone.
0:07:35 > 0:07:40Um...highly embarrassed, massively embarrassed.
0:07:40 > 0:07:43You know, 32 of my friends and family
0:07:43 > 0:07:47all standing on the street corner at 4:30 in the morning,
0:07:47 > 0:07:51all ready and waiting to go down to Wembley. It was just a nightmare.
0:07:51 > 0:07:52Desperate not to miss the game
0:07:52 > 0:07:54that was due to start just a few hours later,
0:07:54 > 0:07:57more than 200 miles away,
0:07:57 > 0:08:01Iain and his friends decided to travel to Wembley by car.
0:08:05 > 0:08:08We got there just in the nick of time for kick-off.
0:08:08 > 0:08:11Iain was now determined to get an explanation and a refund,
0:08:11 > 0:08:14and when he called First National Coaches direct to
0:08:14 > 0:08:16Rikki Lee Powell, he couldn't explain why the coach hadn't
0:08:16 > 0:08:20arrived, because he'd had so many coaches going to London that day.
0:08:20 > 0:08:23I went on to say, "How many coaches have you got?"
0:08:23 > 0:08:24And he got quite shirty.
0:08:24 > 0:08:28When Iain asked how many, he couldn't believe the reply.
0:08:28 > 0:08:31He said, "Well, we had 38 coaches that went down
0:08:31 > 0:08:34"to Wembley from the local area and 36 arrived."
0:08:36 > 0:08:38So there were two coaches that didn't turn up.
0:08:40 > 0:08:44After weeks of trying, Iain managed to speak to someone
0:08:44 > 0:08:48at First National Coaches, who promised to send him a refund.
0:08:48 > 0:08:52I spoke to him eight weeks ago and I still haven't received the money.
0:08:52 > 0:08:56Iain's now worried that the coach company think they got away with it.
0:08:56 > 0:08:57It was going to be a fab day.
0:08:57 > 0:09:00I looked very foolish in front of all my friends and family,
0:09:00 > 0:09:01left with egg on my face.
0:09:04 > 0:09:06It just ruined everybody's day.
0:09:06 > 0:09:09In the end, though, the worst thing that happened to Iain
0:09:09 > 0:09:12on match day wasn't thanks to First National Coaches.
0:09:12 > 0:09:16Everton lost, sadly. It made a bad weekend even worse, yes.
0:09:20 > 0:09:24Any Everton fan will tell you that a game against Liverpool is always
0:09:24 > 0:09:28going to be difficult, but booking a coach, that should be simple.
0:09:28 > 0:09:31If the company says they will turn up, they should.
0:09:31 > 0:09:35But even Iain, with all his knowledge of financial matters,
0:09:35 > 0:09:38is completely at a loss as to know how to deal with this coach company.
0:09:38 > 0:09:39I'll be seeing Iain later.
0:09:44 > 0:09:46Now back to the case of Amanda Ciske,
0:09:46 > 0:09:49who moved out of a rented flat in North London.
0:09:49 > 0:09:52When she tried to get her deposit back she discovered that
0:09:52 > 0:09:54the letting agent had disappeared from the high street.
0:09:54 > 0:09:59The law on rental deposits is aimed at protecting the tenant's money.
0:09:59 > 0:10:01In essence, it's quite simple.
0:10:01 > 0:10:03All shorthold tenancies
0:10:03 > 0:10:06must be secured with a deposit protection scheme.
0:10:07 > 0:10:10These are basically ringfenced accounts
0:10:10 > 0:10:12and it's the landlord's responsibility to make sure
0:10:12 > 0:10:16the money goes in within 30 days of the start of the tenancy.
0:10:16 > 0:10:19The person responsible for paying back the deposit
0:10:19 > 0:10:21will depend on the tenant's lease
0:10:21 > 0:10:24and the contract between the landlord and the letting agent.
0:10:24 > 0:10:27Maybe the landlord was ultimately responsible
0:10:27 > 0:10:30and, in Amanda's case, if he is, she may need to prove to him
0:10:30 > 0:10:34that she hasn't already received money from Pearl Homes.
0:10:34 > 0:10:37So Amanda will need to track down the letting agent first.
0:10:37 > 0:10:41They may have closed their shop, but it's not so easy to close a company.
0:10:41 > 0:10:45The quickest way to track them down is via Companies House.
0:10:45 > 0:10:46Yes, there it is,
0:10:46 > 0:10:48Pearl Homes is the trading name
0:10:48 > 0:10:51of Pearl Lettings & Property Management Ltd,
0:10:51 > 0:10:54not to be confused with companies of a similar name.
0:10:54 > 0:10:58And a search for the company director gives us his address.
0:10:58 > 0:11:01If we have no luck at the shop or on the phone,
0:11:01 > 0:11:04we can use this address and Amanda can send them a letter.
0:11:06 > 0:11:08Amanda is originally from the USA
0:11:08 > 0:11:11and she's not lived in England for long.
0:11:11 > 0:11:12With my help and guidance,
0:11:12 > 0:11:16I want to show her how to approach this using our legal system.
0:11:19 > 0:11:20- Hi, Amanda.- Hello.
0:11:20 > 0:11:22- Gary Bell, pleased to meet you. - Nice to meet you.
0:11:22 > 0:11:24I asked to meet you here because this is
0:11:24 > 0:11:27- the office of the people that took the deposit from you.- Yes.
0:11:27 > 0:11:30So what steps have you taken to try and get your money back?
0:11:30 > 0:11:35I've tried calling, writing, e-mailing, everything.
0:11:35 > 0:11:38Even LinkedIn online to get in touch with them, and I haven't heard.
0:11:38 > 0:11:41- You can't trace them at all? - No, not at all.
0:11:41 > 0:11:44Well, they may have disappeared from the high street,
0:11:44 > 0:11:46but they won't be able to disappear completely.
0:11:46 > 0:11:48Good!
0:11:48 > 0:11:53Normally, we apologise to people from overseas for our weather,
0:11:53 > 0:11:56but as you're from Wisconsin, this is probably quite warm for you.
0:11:56 > 0:11:57Yes!
0:11:57 > 0:12:01Amanda is looking to reclaim the full amount that she paid to
0:12:01 > 0:12:04Pearl Homes as a security deposit on their rental flat.
0:12:04 > 0:12:07That's £1,170.
0:12:07 > 0:12:10The landlord told Amanda he was happy for the deposit
0:12:10 > 0:12:14to be returned, but the problem is Pearl Holmes had disappeared.
0:12:17 > 0:12:20- So this is your new place, then, is it?- Yes.
0:12:20 > 0:12:23- Do you like it better than the old one?- It's a lot brighter.
0:12:23 > 0:12:27- It's really nice.- Did you have to put a deposit on it?- I did.
0:12:27 > 0:12:29So how do you know the deposit is safe this time?
0:12:29 > 0:12:33This time I got a letter confirming that it's secured.
0:12:33 > 0:12:35Right, let's have a look at the paperwork, then.
0:12:35 > 0:12:38- OK.- There's the lease.
0:12:38 > 0:12:40The original lease. With the coffee stain and everything.
0:12:40 > 0:12:42SHE LAUGHS
0:12:43 > 0:12:48And this basically sets out all the particulars, the terms,
0:12:48 > 0:12:50and here's the deposit.
0:12:50 > 0:12:53"A deposit of £1,170 will be paid by the tenant.
0:12:53 > 0:12:57"It will be protected by the Deposit Protection Service in accordance
0:12:57 > 0:13:00"with the terms and conditions of the DPS." Which effectively
0:13:00 > 0:13:04means that they have to keep it in a separate ring-fenced account.
0:13:04 > 0:13:08And they didn't. What do you think happened to your deposit?
0:13:08 > 0:13:11- I think they never put it in that deposit scheme.- Right.
0:13:11 > 0:13:16I've called that scheme and they said our property was never registered.
0:13:16 > 0:13:22- Right.- I think they just banked the money themselves and ran off with it.
0:13:22 > 0:13:25This puts things in a totally different light.
0:13:25 > 0:13:28It looks like the deposit was never protected
0:13:28 > 0:13:30in a Deposit Protection Scheme.
0:13:30 > 0:13:34It could be that Robert Perlmutter has knowingly deceived Amanda.
0:13:34 > 0:13:37This makes tracking him down even more urgent.
0:13:37 > 0:13:40- You haven't been able to trace him at all?- Not at all.
0:13:40 > 0:13:45Amanda still has a phone number for Robert Perlmutter's office,
0:13:45 > 0:13:48so I want her to try one last attempt to call him.
0:13:48 > 0:13:52It's her money, so it's important she makes this call herself.
0:13:53 > 0:13:55RINGING TONE
0:13:55 > 0:13:58'Please hold while we connect your call.'
0:13:58 > 0:14:01MUSIC PLAYS
0:14:01 > 0:14:03'Thank you for holding.
0:14:03 > 0:14:05'Your call will be answered as soon as possible.
0:14:05 > 0:14:09'You're currently in position one of the queue.'
0:14:09 > 0:14:11- We have queues here in England! - SHE LAUGHS
0:14:11 > 0:14:14MUSIC CONTINUES
0:14:16 > 0:14:18I'm a bit worried
0:14:18 > 0:14:21that if we hang up now we might lose our place in the queue.
0:14:21 > 0:14:22But on the other hand,
0:14:22 > 0:14:25if we don't hang up we could be here for a very long time indeed
0:14:25 > 0:14:28and the phone bill will be higher than the deposit!
0:14:28 > 0:14:29If he's not answering the phone,
0:14:29 > 0:14:33Amanda is going to have to write a letter.
0:14:33 > 0:14:35She can use the address I found earlier
0:14:35 > 0:14:37for the director of Pearl Homes, Robert Perlmutter.
0:14:37 > 0:14:39But before we write the letter,
0:14:39 > 0:14:44there are a couple of points about the tenancy I need to clear up.
0:14:44 > 0:14:49- So did you pay your rent to the landlord?- To the landlord.- Right.
0:14:49 > 0:14:50And when he left the premises,
0:14:50 > 0:14:54the landlord was happy for you to be given the deposit back
0:14:54 > 0:14:57- because you haven't broken anything? - Right.
0:14:57 > 0:15:00Because Amanda paid her deposit directly to Pearl Homes,
0:15:00 > 0:15:03her landlord has said that she should go back to them
0:15:03 > 0:15:06'to ask for it, so before she goes any further,
0:15:06 > 0:15:09'she needs to prove that Pearl Homes won't return her money.
0:15:09 > 0:15:13'She will need to write to the letting agent, Robert Perlmutter.'
0:15:13 > 0:15:16Right. We'd better send this chap a letter.
0:15:16 > 0:15:19Can tell him we've spoken to the landlord
0:15:19 > 0:15:22and the landlord has authorised the return of the entire deposit
0:15:22 > 0:15:24because you never broke anything.
0:15:24 > 0:15:26Yes. Spotless.
0:15:28 > 0:15:31- Absolutely. Just like this place.- Thank you.
0:15:31 > 0:15:33'This isn't a letter before action
0:15:33 > 0:15:36'but it is always a good idea to set a deadline.'
0:15:37 > 0:15:41And we need to give him 14 days to pay off the money.
0:15:41 > 0:15:44If the letting agent ignores this letter, Amanda can go back
0:15:44 > 0:15:47to her landlord and prove she hasn't been able
0:15:47 > 0:15:49to recover her money and that in fact,
0:15:49 > 0:15:53Robert Perlmutter has taken her deposit.
0:15:53 > 0:15:55You are probably sitting at home, enjoying your money...
0:15:55 > 0:15:59'If Robert Perlmutter won't give back Amanda's deposit,
0:15:59 > 0:16:03'she should ask the landlord for it and he can then pursue Pearl Homes.
0:16:03 > 0:16:06'I will be back to see Amanda when the deadline is up.'
0:16:06 > 0:16:08Well done.
0:16:14 > 0:16:16Wealth fund manager and football fan Iain Cockbain
0:16:16 > 0:16:20thought he had booked a coach to take a group of friends and family
0:16:20 > 0:16:23to Wembley to see Everton play Liverpool,
0:16:23 > 0:16:25only the coach failed to turn up
0:16:25 > 0:16:28and the group were left stranded by the side of the road.
0:16:29 > 0:16:33The coach company has failed to give Iain a refund or an explanation.
0:16:36 > 0:16:39This ought to be a simple case of breach of contract.
0:16:39 > 0:16:42The coach company should have given Iain his money back and they haven't.
0:16:42 > 0:16:46But even though Iain deals with contracts every day in his job,
0:16:46 > 0:16:48he can't get the coach company to pay.
0:16:48 > 0:16:52I need to go to Formby to advise Iain what he should do next.
0:16:53 > 0:16:57'With my help and guidance, Iain can use the law to show this
0:16:57 > 0:16:59'coach company that he means business
0:16:59 > 0:17:01'and hopefully get his money back.'
0:17:01 > 0:17:04Unlike your coach, I have turned up.
0:17:06 > 0:17:11- So, you are an Everton football fan. - Yes. Sadly. Yeah.
0:17:11 > 0:17:16You booked a coach to take you, friends, family, business colleagues
0:17:16 > 0:17:20to Wembley to see the mighty Everton play Liverpool in the FA Cup semi.
0:17:20 > 0:17:23- Yes. I booked the coach... - You paid for the coach in advance?
0:17:23 > 0:17:26- Yes.- State of the art, luxury coach.
0:17:26 > 0:17:29It was for the coach, it was for a buffet...
0:17:29 > 0:17:31- It was going to be a great day. - What could go wrong?
0:17:31 > 0:17:35We were all waiting outside The Grapes hotel in Formby
0:17:35 > 0:17:37at five o'clock in the morning
0:17:37 > 0:17:41and it was freezing cold and the thing just didn't turn up.
0:17:41 > 0:17:45I was rather the laughing stock of Formby for a while.
0:17:45 > 0:17:47It was quite embarrassing, really.
0:17:47 > 0:17:50And did you call them up on the Monday morning?
0:17:50 > 0:17:52I rang them on the Monday and I'm still awaiting an answer.
0:17:52 > 0:17:55They haven't given me an answer yet.
0:17:55 > 0:17:58So £1,600 for the coach, sandwiches, wine, waitress.
0:17:58 > 0:18:00- And he's still got it? - That's right.
0:18:00 > 0:18:02I've got a credit note off him
0:18:02 > 0:18:06saying that they credited my bank account, but the money didn't arrive.
0:18:06 > 0:18:09Iain's claim couldn't be more straightforward.
0:18:09 > 0:18:12He simply wants his £1,600 back.
0:18:14 > 0:18:16So you've got no option but to take him to court?
0:18:16 > 0:18:19Sadly, not only did Everton lose, but I still haven't got my money back.
0:18:19 > 0:18:22Before you take him to court, you know the protocol
0:18:22 > 0:18:24is that you first send a letter before action
0:18:24 > 0:18:27and if he doesn't pay within 14 days, you'll have to go to court.
0:18:27 > 0:18:30When the letter before action lands on Rikki Powell's desk,
0:18:30 > 0:18:35it will let him know Iain is serious and wants his money back.
0:18:37 > 0:18:42My name is Gary Bell and as a QC, I spend most of my working life
0:18:42 > 0:18:44dealing with major court cases.
0:18:44 > 0:18:47But I haven't always been a barrister.
0:18:47 > 0:18:49I've known some tough times
0:18:49 > 0:18:52and now I want to use my knowledge of the law to help others.
0:18:52 > 0:18:57I want to show you how you can use the courts to recover your money.
0:19:00 > 0:19:02Today I'm helping Amanda Ciske,
0:19:02 > 0:19:05who is trying to recover the deposit from a North London flat.
0:19:05 > 0:19:08The letting agent she gave it to has disappeared.
0:19:08 > 0:19:12So far she has sent a letter to the director of the company,
0:19:12 > 0:19:15Robert Perlmutter, and is waiting to hear back.
0:19:15 > 0:19:17Amanda has discovered that her money was never
0:19:17 > 0:19:19placed in a deposit protection scheme,
0:19:19 > 0:19:21which makes me think the letting agent
0:19:21 > 0:19:24never had any intention of protecting the money.
0:19:24 > 0:19:26And if they have done this to Amanda,
0:19:26 > 0:19:29Pearl Homes could well have done it to other people.
0:19:33 > 0:19:37My name is Maria Del Garcia. I'm from Spain.
0:19:37 > 0:19:41I've been living in London for six years.
0:19:41 > 0:19:45I wanted to live in North London because I always liked this area.
0:19:45 > 0:19:48Maria found a flat in Muswell Hill
0:19:48 > 0:19:52and paid a security deposit of £999
0:19:52 > 0:19:57to one Robert Perlmutter at Pearl Homes.
0:19:57 > 0:20:01After a year of living happily in the flat, Maria decided to move,
0:20:01 > 0:20:05so she contacted Robert Perlmutter to ask for her deposit back.
0:20:05 > 0:20:08He said he would put it straight into her bank account,
0:20:08 > 0:20:10but the money never arrived.
0:20:13 > 0:20:14He just was lying to me,
0:20:14 > 0:20:17saying, "I will send your deposit in two days,"
0:20:17 > 0:20:19when that was not true at all.
0:20:20 > 0:20:23I went to Pearl Homes and they were already closed.
0:20:23 > 0:20:27So I went to the next-door agency.
0:20:27 > 0:20:31They told me Robert Perlmutter from Pearl Homes is on the run.
0:20:31 > 0:20:36He closed down and he simply took money from a lot of people.
0:20:36 > 0:20:39Maria turned to her landlord for help,
0:20:39 > 0:20:42who gave her the deposit protection scheme account number,
0:20:42 > 0:20:45where Perlmutter said the money was secured.
0:20:46 > 0:20:51So I contact them with my ID number and my name, my full name.
0:20:51 > 0:20:54They said to me that they didn't have any record under my name
0:20:54 > 0:20:57and basically it didn't exist.
0:20:57 > 0:20:59That it was fake.
0:20:59 > 0:21:05My deposit was never in the deposit protection scheme.
0:21:05 > 0:21:08The estate agent lied to me for a week by e-mail, telling me
0:21:08 > 0:21:10I will get my deposit, when he knew perfectly
0:21:10 > 0:21:13that he was going to run off with my deposit.
0:21:15 > 0:21:18It was £1,000 and I really needed that money for my new house,
0:21:18 > 0:21:21for the deposit of the new house,
0:21:21 > 0:21:24and I actually struggled a lot to pay that money.
0:21:30 > 0:21:34Maria's story sounds almost identical to Amanda's,
0:21:34 > 0:21:37and it looks like Maria's landlord was also given a false account number.
0:21:37 > 0:21:40And they are not the only landlords who have had
0:21:40 > 0:21:41problems with Pearl Homes.
0:21:50 > 0:21:55My name is Peter Woods and my son owns the flat in Hackney.
0:21:55 > 0:21:57He is now living in the States
0:21:57 > 0:22:03and since he has gone over to the States, I have been looking after it.
0:22:03 > 0:22:06Peter and his son found a letting agent to take over
0:22:06 > 0:22:08the day to day running of their property.
0:22:08 > 0:22:12That letting agent - Pearl Homes.
0:22:12 > 0:22:15The arrangement was that they would be responsible for
0:22:15 > 0:22:17the collection of the rent.
0:22:18 > 0:22:20Pearl Homes collected the rent
0:22:20 > 0:22:23and then paid it into Peter's son's bank account.
0:22:23 > 0:22:26They also told Peter and his son that they'd secured
0:22:26 > 0:22:30the tenant's deposit with a deposit protection scheme.
0:22:30 > 0:22:34For the first few months everything was fine,
0:22:34 > 0:22:36then things started to slip.
0:22:36 > 0:22:39Rent was being paid late or with amounts missing.
0:22:39 > 0:22:43Eventually, the rent stopped altogether.
0:22:43 > 0:22:45February's rent didn't come in at all.
0:22:46 > 0:22:48Peter was now very worried
0:22:48 > 0:22:53and decided to call Robert Perlmutter's office in person.
0:22:53 > 0:22:56Only to find, like everyone else, that it was empty.
0:22:59 > 0:23:01Clearly, we had been duped.
0:23:03 > 0:23:10We were unlikely to get...any money that was outstanding back.
0:23:10 > 0:23:14Peter then discovered that the deposit protection scheme ID
0:23:14 > 0:23:17Robert Perlmutter provided was a fake.
0:23:18 > 0:23:22On realising that the deposit hadn't been registered,
0:23:22 > 0:23:28we felt that we needed to honour that sum.
0:23:29 > 0:23:32Peter and his son decided to repay their tenants
0:23:32 > 0:23:34out of their own pocket.
0:23:34 > 0:23:37Meaning Robert Perlmutter cost them not only the outstanding rent,
0:23:37 > 0:23:40but also the deposits.
0:23:40 > 0:23:44Financially, the total we are talking of some rent,
0:23:44 > 0:23:49we're talking of the deposit, that comes to around £5,000.
0:23:51 > 0:23:55So Amanda, her landlord and many others look like they'd been
0:23:55 > 0:23:59given false deposit protection by Robert Perlmutter.
0:23:59 > 0:24:02All deposits that relate to shorthold tenancies must be
0:24:02 > 0:24:04protected in one of four schemes.
0:24:04 > 0:24:06One of these schemes is the Deposit Protection Service.
0:24:09 > 0:24:12My name's Kevin Firth, I'm director of the Deposit Protection Service.
0:24:12 > 0:24:15This is a custodial scheme that was set up six years ago
0:24:15 > 0:24:17by the government.
0:24:17 > 0:24:21There are two ways to find out if your deposit has been protected.
0:24:21 > 0:24:23First thing you do is to ask the landlord
0:24:23 > 0:24:25what scheme he's going to use.
0:24:25 > 0:24:27My advice is go and look at the scheme
0:24:27 > 0:24:31and there will be a deposit checker on that website.
0:24:31 > 0:24:34And you can put in your tenancy details and it will say
0:24:34 > 0:24:36whether that deposit is protected or not.
0:24:37 > 0:24:40If you can't find it on the scheme that the landlord said,
0:24:40 > 0:24:43my advice would be to go to Shelter's website,
0:24:43 > 0:24:45where there's links to all four schemes.
0:24:47 > 0:24:50The problem Amanda has is that her tenancy has ended
0:24:50 > 0:24:52and she's now moved out.
0:24:52 > 0:24:57The question is, who is responsible for giving back her deposit -
0:24:57 > 0:24:59the landlord or the letting agent?
0:25:02 > 0:25:06Responsibility will lie with who takes the deposit,
0:25:06 > 0:25:10but it will depend on the contract between the agent and the landlord.
0:25:10 > 0:25:12If the terms and conditions say that the agent will take
0:25:12 > 0:25:16responsibility for protecting the deposit, then they will be liable.
0:25:16 > 0:25:19But it will be the landlord that takes the agent to court.
0:25:20 > 0:25:24But in Amanda's case, she paid the initial deposit to Pearl Homes,
0:25:24 > 0:25:25but never dealt with them again.
0:25:26 > 0:25:30From then on, she paid each month's rent directly to her landlord.
0:25:32 > 0:25:35Pearl Homes weren't acting as a managing agent.
0:25:37 > 0:25:39If there is no managing agent in place,
0:25:39 > 0:25:42then it's the landlord who's taken the deposit, they will be liable
0:25:42 > 0:25:45and it will be the tenant that takes the landlord to court.
0:25:48 > 0:25:52So in this case, responsibility will lie with the landlord
0:25:52 > 0:25:55because he should have made sure right from the start that
0:25:55 > 0:25:59Amanda's deposit was secured in the deposit protection scheme.
0:25:59 > 0:26:01He'll need to give Amanda her money
0:26:01 > 0:26:05and then he in turn can pursue Robert Perlmutter from Pearl Homes.
0:26:05 > 0:26:07Amanda has written to Robert Perlmutter,
0:26:07 > 0:26:11but she hasn't heard back from him and I don't think she will.
0:26:11 > 0:26:15Her only choice it to write to her landlord, inform him of his
0:26:15 > 0:26:19responsibility and ask him to pay back the money within a deadline.
0:26:21 > 0:26:24I'll be back to see Amanda when that deadline is up.
0:26:26 > 0:26:30Back now to the story of Iain Cockbain who booked with
0:26:30 > 0:26:31First National Coaches to take his friends
0:26:31 > 0:26:35and family to the FA Cup semifinal at Wembley.
0:26:35 > 0:26:39But the coach never turned up and neither has Iain's refund.
0:26:39 > 0:26:43He sent a letter before action and he's waiting for a response.
0:26:46 > 0:26:50Iain said that he was recommended First National Coaches by a friend.
0:26:51 > 0:26:53Here's their website.
0:26:53 > 0:26:55Looks like a professional operation.
0:26:55 > 0:26:59Offices all over the country and some very nice coaches.
0:26:59 > 0:27:02But I wonder who is behind First National Coaches.
0:27:02 > 0:27:05Companies House is the quickest place to check.
0:27:05 > 0:27:07There's First National Coaches.
0:27:07 > 0:27:10And Rikki Lee Powell is the director.
0:27:10 > 0:27:14He's also the director of Tempo Coaches.
0:27:14 > 0:27:15And Southern Coaches.
0:27:17 > 0:27:19But a bit more of a search
0:27:19 > 0:27:21and it's clear that Iain Cockbain isn't the only person who's been
0:27:21 > 0:27:24left stranded at the side of the road by one of
0:27:24 > 0:27:27Rikki Lee Powell's companies on an important day.
0:27:31 > 0:27:33This is Kim Roberts.
0:27:33 > 0:27:36In 2011, Kim was getting married,
0:27:36 > 0:27:39and like any bride-to-be, she wanted to celebrate.
0:27:39 > 0:27:44I decided that I wanted to have my hen party in London.
0:27:44 > 0:27:48It was about 15 of us and I had three pregnant ladies
0:27:48 > 0:27:49in my group.
0:27:50 > 0:27:53As Kim lives in Hampshire, she needed to work out how to get
0:27:53 > 0:27:57a group of her girlfriends up to the bright lights for a night out.
0:27:57 > 0:28:01A quick search on the internet and Kim found a local company.
0:28:01 > 0:28:04I found Southern Coaches online
0:28:04 > 0:28:07and their website was brilliant.
0:28:07 > 0:28:08Really helpful.
0:28:08 > 0:28:10Kim phoned and booked,
0:28:10 > 0:28:13paying a total of £300 for a coach to take them
0:28:13 > 0:28:17from Hampshire to London and then back after their night out.
0:28:17 > 0:28:20On the morning of my hen night, I phoned them again just to check.
0:28:20 > 0:28:22I like to make sure everything's in place
0:28:22 > 0:28:26and I'd arranged for all of my hen party - there was about 15 of us -
0:28:26 > 0:28:29to come here to have drinks, be picked up from here,
0:28:29 > 0:28:31and then head off up to London.
0:28:34 > 0:28:38That morning, they said everything was fine.
0:28:38 > 0:28:43Kim and her friends waited, but there was no sign of the bus.
0:28:45 > 0:28:49I just started to panic about what I was going to do, really.
0:28:49 > 0:28:53The coach company said the bus wouldn't be there until six.
0:28:53 > 0:28:56Too late for Kim's group to make it into London on time.
0:28:56 > 0:28:58So they decided to take the train.
0:28:58 > 0:29:02Kim called Southern Coaches and spoke to the agent to make sure
0:29:02 > 0:29:04the coach will be there for their journey home.
0:29:08 > 0:29:11He said that he... Absolutely, definitely,
0:29:11 > 0:29:14the minibus will be there at two o'clock in the morning.
0:29:14 > 0:29:17He was so rude and arrogant to me.
0:29:18 > 0:29:22I tried to forget about. I thought, "I'm going to have a good time."
0:29:22 > 0:29:25Kim and her party tried to enjoy their night out.
0:29:31 > 0:29:35But by the early hours, doubt started to set in.
0:29:35 > 0:29:38I think we waited till about quarter to three in the morning.
0:29:38 > 0:29:41By then again I started to panic, I got very, very upset.
0:29:41 > 0:29:43I can remember then cos I thought,
0:29:43 > 0:29:45"How am I going to get all these people home?"
0:29:48 > 0:29:50The bus never arrived.
0:29:50 > 0:29:54And finally, after a stressful end to their night,
0:29:54 > 0:29:55Kim got her friends home.
0:29:55 > 0:29:58The last ones making it back by taxi.
0:29:58 > 0:30:02The next day, Kim called the coach company for an explanation.
0:30:02 > 0:30:06The managing director, Richard Powell, answered the phone.
0:30:06 > 0:30:08He confirmed that I had made the correct booking
0:30:08 > 0:30:10cos he pulled out the paperwork,
0:30:10 > 0:30:12so he couldn't understand what had gone wrong,
0:30:12 > 0:30:14so he said, "Leave it with me,
0:30:14 > 0:30:17"I'll look into it and I'll call you back by the end of the day."
0:30:17 > 0:30:20Kim now realised that Southern Coaches weren't actually
0:30:20 > 0:30:23supplying the vehicles, they just manage the booking.
0:30:24 > 0:30:27Said it was a broker.
0:30:27 > 0:30:29Didn't know anything about any broker.
0:30:29 > 0:30:32Kim never managed to talk to Richard Powell again,
0:30:32 > 0:30:35and has since made a court claim against Southern Coaches.
0:30:38 > 0:30:41I've never heard anything back at all.
0:30:47 > 0:30:50Kim was left in exactly the same position as Iain.
0:30:50 > 0:30:52And so far, Rikki Powell has paid her nothing.
0:30:52 > 0:30:56Despite the lovely pictures of coaches on his website,
0:30:56 > 0:31:00Rikki Powell's company were not operators but coach brokers.
0:31:00 > 0:31:03This means that they subcontracted the work out to vehicle operators
0:31:03 > 0:31:06and then when something goes wrong,
0:31:06 > 0:31:09they pass the blame and the cost onto those companies.
0:31:12 > 0:31:16My name is Fazal Ali, I'm the managing director
0:31:16 > 0:31:19and transport manager of Skyway Travel UK Limited.
0:31:19 > 0:31:21Skyway Travel heard of Rikki Powell
0:31:21 > 0:31:25when he booked them to carry out a local job.
0:31:25 > 0:31:32He made a booking with us, a local job from Keighley to Castleford.
0:31:32 > 0:31:34And it was just...
0:31:34 > 0:31:37like, £250 worth of booking.
0:31:39 > 0:31:42They carried out the job, but were never paid.
0:31:44 > 0:31:48We fulfilled the booking and kept invoicing him, reminding him,
0:31:48 > 0:31:50and a lot of times, we couldn't get a hold of him.
0:31:52 > 0:31:55The next thing they heard from Rikki Powell was that
0:31:55 > 0:31:57he had a much bigger job for them,
0:31:57 > 0:32:00providing a coach for a circus troupe to tour the UK.
0:32:00 > 0:32:04And he made excuses for the first missed payment.
0:32:04 > 0:32:07He fobbed me off the £250 that he owed, said, "Oh, I can't,
0:32:07 > 0:32:09"my staff's slipped up somewhere, and fair enough,
0:32:09 > 0:32:11"but I will pay you back."
0:32:11 > 0:32:13The circus troupe booked with Rikki Powell,
0:32:13 > 0:32:16who in turn contracted Fazal to provide the coach.
0:32:16 > 0:32:20But because the coach Rikki Powell ordered from Fazal was too small,
0:32:20 > 0:32:25after just one week, the circus troupe cancelled their booking.
0:32:25 > 0:32:28So, the first week that we did the work...
0:32:29 > 0:32:34..that money had already gone to Mr Powell, so the circus organisers,
0:32:34 > 0:32:38tour organisers, weren't willing to pay us again.
0:32:39 > 0:32:42Rikki Powell had been paid his money by the circus
0:32:42 > 0:32:45troupe for the week's bus tour, but he failed to pass it on to
0:32:45 > 0:32:50Fazal, and he still owed Skyway Travel for his original booking.
0:32:50 > 0:32:54I tried to contact him and I didn't get any response,
0:32:54 > 0:33:00so it's about £1,550 in total we have lost to Mr Powell.
0:33:02 > 0:33:04The fact that First National Coaches is not an operator
0:33:04 > 0:33:07but a broker is not the issue here.
0:33:07 > 0:33:10There are dozens of legitimate, reputable brokers in the UK.
0:33:10 > 0:33:12The questions is, how do you find out
0:33:12 > 0:33:14if the one you've chosen is reliable?
0:33:17 > 0:33:19The coaching industry is heavily regulated,
0:33:19 > 0:33:23and a licence should've been issued to all legitimate operators
0:33:23 > 0:33:27and brokers by one of the seven UK Traffic Commissioners.
0:33:27 > 0:33:29Beverley Bell is one of them.
0:33:33 > 0:33:37It's our job to licence those operators who want to operate
0:33:37 > 0:33:40coaches, minibuses and buses on the roads.
0:33:40 > 0:33:43That licensing system is there for reasons of road safety
0:33:43 > 0:33:45and reasons of fair competition.
0:33:45 > 0:33:49It's a very easy mistake for people to make to think that just because
0:33:49 > 0:33:52somebody's got a good website that they might be licensed
0:33:52 > 0:33:54by people like myself.
0:33:54 > 0:33:57That's not always the case, and when people use coach brokers,
0:33:57 > 0:33:59it's a bit like using a travel agent.
0:33:59 > 0:34:03What they should do is ask the coach broker who is the operator
0:34:03 > 0:34:04that they're using,
0:34:04 > 0:34:07and then they can check that that operator is licensed.
0:34:07 > 0:34:12Visit the VOSA website, put that into the search engine,
0:34:12 > 0:34:16and that will come up with the government agency website.
0:34:16 > 0:34:18What they then need to do is follow the link,
0:34:18 > 0:34:22and that will tell the consumer if the company that they want to
0:34:22 > 0:34:25use is licensed by either myself or one of my colleagues.
0:34:28 > 0:34:31So either a licensed broker or the name of the licensed coach
0:34:31 > 0:34:34company is what Iain should've look for.
0:34:34 > 0:34:38Iain gave Rikki Powell and First National Coaches 14 days to
0:34:38 > 0:34:40refund the money, and they haven't.
0:34:40 > 0:34:42It's time for me to go back to Formby.
0:34:49 > 0:34:51Iain, it's been two weeks.
0:34:51 > 0:34:54You gave him two weeks to respond to the letter before action.
0:34:54 > 0:34:58- Have you heard anything back from him?- Not yet, no.- Anything at all?
0:34:58 > 0:35:00No, nothing at all.
0:35:00 > 0:35:03- Well, if you want to, take him to court.- Right.
0:35:03 > 0:35:06Despite all his calls and letters, Iain has been left with no choice
0:35:06 > 0:35:09by Rikki Powell and First National Coaches.
0:35:09 > 0:35:12He said he'd take them to court if they didn't respond,
0:35:12 > 0:35:14and that's what he's doing.
0:35:14 > 0:35:16And to do that, we need a claim form.
0:35:16 > 0:35:20First Iain, then the defendant.
0:35:20 > 0:35:22Defendant's name - we'd better sue the company,
0:35:22 > 0:35:25- as it's a limited company, First National Coaches UK Ltd.- Right.
0:35:25 > 0:35:28We won't write down there that they don't actually have any coaches.
0:35:28 > 0:35:31Next are the brief details of the claim.
0:35:31 > 0:35:33"On the 2nd of April 2012...
0:35:33 > 0:35:36"on First National Coaches to take 32 friends and clients to Wembley
0:35:36 > 0:35:38"for the FA Cup semifinal...
0:35:38 > 0:35:43"Paid in advance for the coach, for the catering,
0:35:43 > 0:35:45"and the coach didn't turn up."
0:35:45 > 0:35:48- All you want is your £1,600 back. - Mm.
0:35:48 > 0:35:51So, it's £1,600, the court fee of £95,
0:35:51 > 0:35:54which you can also recover from him if you're successful.
0:35:54 > 0:35:58Court fees can be added to the claim, and if you're successful,
0:35:58 > 0:36:01they'll increase the total the defendant must pay you.
0:36:02 > 0:36:05- So, let's send this off to court and see what he does.- OK, great.
0:36:05 > 0:36:07Maybe it'll bring him to his senses.
0:36:07 > 0:36:09- Although I doubt it.- All right.
0:36:13 > 0:36:14Meanwhile, in North London,
0:36:14 > 0:36:17Amanda Ciske has been trying to recover the deposit
0:36:17 > 0:36:19she paid on a rented flat.
0:36:19 > 0:36:23The letting agent never paid it into a deposit protection scheme,
0:36:23 > 0:36:25and has now disappeared.
0:36:25 > 0:36:27And because her landlord failed to ensure that her deposit
0:36:27 > 0:36:31was protected, the responsibility falls to him.
0:36:31 > 0:36:34She's now written to him asking for her money.
0:36:34 > 0:36:38I've heard from Amanda, and she's been in touch with her landlord.
0:36:38 > 0:36:40When she explained to him his legal responsibilities
0:36:40 > 0:36:43and asked him for the money, he cut off all contact.
0:36:45 > 0:36:47She's already sent him a letter before action,
0:36:47 > 0:36:49giving him 14 days to pay up.
0:36:49 > 0:36:50And he hasn't.
0:36:52 > 0:36:55Her only choice now is to take him to court.
0:37:01 > 0:37:05It's very sad that it's come to this, Amanda.
0:37:05 > 0:37:07At the end of the day, you know, like you said,
0:37:07 > 0:37:09- I haven't done anything wrong...- No.
0:37:09 > 0:37:13..and I'm the one who's the victim - well, we're both victims, here.
0:37:13 > 0:37:17But I'm the one without the money, still.
0:37:17 > 0:37:18Well, absolutely.
0:37:18 > 0:37:19And he'll pay you the money back,
0:37:19 > 0:37:22and he then does have an action against Pearl Homes.
0:37:22 > 0:37:25Being a landlord is a very responsible thing.
0:37:25 > 0:37:28If he didn't realise that the money wasn't in the scheme,
0:37:28 > 0:37:30he should have done.
0:37:30 > 0:37:35It's just frustrating that this process keeps going.
0:37:35 > 0:37:38And, um, I'm just hoping that there'll be a resolution.
0:37:38 > 0:37:41Because Amanda's landlord has ignored her letters,
0:37:41 > 0:37:44the only way to get a resolution is to start a claim.
0:37:44 > 0:37:47To do this, we need to fill in a form.
0:37:47 > 0:37:51You're the claimant, Amanda. And the defendant is your landlord.
0:37:53 > 0:37:56We have to put here the brief details of the claim.
0:37:56 > 0:37:58It's very straightforward.
0:37:58 > 0:38:02We need to explain succinctly why Amanda is claiming the money
0:38:02 > 0:38:03from her landlord.
0:38:03 > 0:38:06We should state that the letting agent has disappeared,
0:38:06 > 0:38:10and that the deposit wasn't placed into a protection scheme.
0:38:10 > 0:38:12It's also a good idea to point out
0:38:12 > 0:38:17that the law about landlords' responsibility is very clear.
0:38:17 > 0:38:19Now we add the value of the claim...
0:38:23 > 0:38:27Amanda can also add interest from the day the money became owed...
0:38:32 > 0:38:35You can go online to check the current court interest rates.
0:38:35 > 0:38:42Adding the court fees makes a total claim of £1,310.53.
0:38:44 > 0:38:47Right, Amanda, you can put this in the envelope.
0:38:48 > 0:38:50And we'll get it ready for posting.
0:38:53 > 0:38:56We didn't want to arrive at this juncture.
0:38:56 > 0:38:59We want him to pay the money, and that would have been the end of it.
0:38:59 > 0:39:02Court is always the last resort.
0:39:02 > 0:39:06But he hasn't responded to any texts, any e-mails,
0:39:06 > 0:39:08to the letter before action.
0:39:08 > 0:39:11So, there's no choice now but to take him to court.
0:39:12 > 0:39:15When this application is processed, Amanda's landlord will
0:39:15 > 0:39:18receive a letter from the court notifying him of her claim.
0:39:26 > 0:39:29Ignorance is no defence, and let's hope that when the landlord
0:39:29 > 0:39:33sees that Amanda's serious and gets his court summons, he'll pay up.
0:39:35 > 0:39:37In Formby, Everton fan Iain Cockbain
0:39:37 > 0:39:40has been waiting to hear from the court.
0:39:40 > 0:39:43He's made a claim against First National Coaches.
0:39:43 > 0:39:45He wants to recover the money he paid them
0:39:45 > 0:39:48to supply a luxury coach to take him
0:39:48 > 0:39:52and his friends and family to the FA Cup semifinal at Wembley.
0:39:52 > 0:39:56The coach never showed up, and Iain was left stranded.
0:39:56 > 0:39:58I've heard from Iain.
0:39:58 > 0:40:01First National Coaches neither paid up nor entered a defence,
0:40:01 > 0:40:03so Iain has won his case.
0:40:03 > 0:40:07Iain's claim was a very simple one.
0:40:07 > 0:40:11£1,600 for the coach, wine, beer and sandwiches,
0:40:11 > 0:40:13none of which ever showed up.
0:40:13 > 0:40:17I'm back in Formby to help Iain with the next stage of his claim.
0:40:17 > 0:40:21So, Iain, he had until the 16th of October to fight the defence.
0:40:21 > 0:40:23He didn't do that,
0:40:23 > 0:40:27and because he hasn't acknowledged at all to the court that
0:40:27 > 0:40:33you've claimed against him, then you can apply for judgment in default.
0:40:33 > 0:40:36You've won the case. You shall get your money back.
0:40:36 > 0:40:38He's going to have to pay.
0:40:39 > 0:40:43First National Coaches and Rikki Powell didn't defend the case,
0:40:43 > 0:40:44and so Iain has won,
0:40:44 > 0:40:48and can now instruct the bailiffs to recover his money.
0:40:50 > 0:40:54This guy is untrustworthy and doesn't do as he says,
0:40:54 > 0:40:57and I just don't want somebody else to go through the same
0:40:57 > 0:41:00humility of a coach not turning up that they've booked.
0:41:06 > 0:41:08Rikki Powell didn't respond.
0:41:08 > 0:41:10He didn't defend the case,
0:41:10 > 0:41:12so judgment has been entered against him in default.
0:41:12 > 0:41:16He'll now have to pay back all the money and Iain's court costs.
0:41:16 > 0:41:20We wrote to Rikki Powell of First National Coaches, asking him
0:41:20 > 0:41:23for a response. He failed to reply.
0:41:24 > 0:41:27In London, there is also news from Amanda.
0:41:27 > 0:41:31She was looking to recover her security deposit from a rented flat.
0:41:31 > 0:41:34The letting agent took the money and failed to place it
0:41:34 > 0:41:38in a deposit protection scheme, then closed the shop and disappeared.
0:41:38 > 0:41:41But the ultimate responsibility for the deposit lay with
0:41:41 > 0:41:45the landlord, who refused to return it, meaning Amanda took him
0:41:45 > 0:41:47to court to get her money.
0:41:47 > 0:41:54Her claim is for the return of her security deposit, £1,170,
0:41:54 > 0:42:00plus interest of £70. £1,240 in total.
0:42:00 > 0:42:03My landlord was helpful in the beginning and was communicating
0:42:03 > 0:42:06with me, but as soon as I asked for money, he disappeared.
0:42:06 > 0:42:10So I didn't want to have to go to court.
0:42:10 > 0:42:13That was just the way it worked out.
0:42:13 > 0:42:16Amanda's won her case because the landlord failed to defend
0:42:16 > 0:42:20the claim, and the court awarded her judgment in default.
0:42:20 > 0:42:22We wrote to both Amanda's landlord
0:42:22 > 0:42:27and Robert Perlmutter of Pearl Homes. Neither responded.
0:42:27 > 0:42:29The next step for Amanda will be to pass
0:42:29 > 0:42:32the claim on for enforcement if he doesn't pay up.
0:42:32 > 0:42:38So now that I've got the judgment, I'm hoping that this is the last
0:42:38 > 0:42:42step that I need to take to show him that I was serious about this.
0:42:42 > 0:42:44I think he was hoping I would just go away.
0:42:44 > 0:42:48I mean, nobody wants anybody to come around and ask for money back.
0:42:48 > 0:42:52Amanda has claimed what's hers because she wasn't willing to
0:42:52 > 0:42:55let her landlord walk away from his responsibility.
0:42:55 > 0:42:57Just like Iain, who couldn't stand by
0:42:57 > 0:43:01and let First National Coaches think they'd taken him for a ride.
0:43:01 > 0:43:04Both Amanda and Iain have each won their case
0:43:04 > 0:43:08and can now pass their judgments on for enforcement.
0:43:08 > 0:43:11Getting justice for yourself isn't easy.
0:43:11 > 0:43:15And taking someone to court should never be your first option.
0:43:15 > 0:43:17But the law is there for us all,
0:43:17 > 0:43:20to give everyone the chance to stand up for their rights.
0:43:20 > 0:43:23Iain and Amanda did exactly that.
0:43:29 > 0:43:32Subtitles by Red Bee Media Ltd