Episode 2 The Legalizer



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Transcript


LineFromTo

I've had an interesting life -

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coalminer, forklift truck driver,

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bricklayer, factory production line worker,

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fireman...

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I've lived rough on the streets of London and Paris.

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But now I've got a new job.

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As a Queen's Counsel barrister, I know the law inside out.

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I've prosecuted and defended some of the UK's most serious criminals,

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but the life I've led means I know the world can be a tough place.

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At some point we've all felt ripped off, cheated or conned.

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It's frustrating, costly and stressful,

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but I know consumers can fight back and get justice.

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I'm not here to represent anyone,

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but what I want is to empower you

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to use the law to get what you're owed.

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Today I'll be helping a football fan who was left

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stranded by the side of the road.

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I was the butt of everybody's jokes for the next four or five weeks.

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But first I'm in North London with a young woman from the USA

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who's looking for her missing deposit.

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I can't believe that someone could do that to somebody else

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without any conscience.

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I'm going to help both these people work out how they've been cheated

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and show them how they can use the law to get back what they're owed.

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This is Amanda Ciske, from Wisconsin.

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I moved to London three years ago, fell in love with the city,

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didn't want to leave.

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Very busy. I work about seven days a week at the moment.

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Amanda's hectic life didn't leave her much spare time,

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and even less when she needed to look for a new flat.

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Finding a flat in London is extremely difficult.

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You find a flat and chances are it's already gone.

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So, when she did find somewhere, Amanda needed to act quickly.

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I literally ran down the road, saw the place, the landlord came

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and I fell in love with it.

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So if I wanted it I basically had to secure it straightaway.

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Having decided to take the flat,

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Amanda went straight to the letting agent, Pearl Homes.

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She was asked to pay a security deposit of £1,170 that would be

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returned at the end of her tenancy.

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We lived in the flat in Crouch End for a year and a half.

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It came towards the end of the agreement

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and we just decided that it was time to move.

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The landlord was happy for the security deposit to be returned,

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so it was time for Amanda to get back in touch with Pearl Homes.

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Except she couldn't.

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The telephone numbers that I had were no longer listed,

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so I couldn't even get through.

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One just dialled and rang off.

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And the e-mail addresses I had, no responses.

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I got in touch with my landlord and asked if he had any success,

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and he had the same problem, said no-one could find them.

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Amanda was now so concerned about her deposit that she decided

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to visit the office of Pearl Homes in person.

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Only to find it was boarded up.

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I didn't expect that the agents would suddenly disappear.

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Amanda has tried everything to track down Pearl Homes.

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She's even posted on social media websites and had no luck.

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As she can't find Pearl Homes,

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she can't find her money

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and thinks she's now lost the £1,170 deposit.

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Losing that deposit has completely set me back.

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I've never been able to catch up

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and each month I feel like I'm behind.

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I just couldn't believe that someone could do that to somebody else

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without any conscience.

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Who else has he done it to?

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Amanda is right to wonder whether this has happened to other people.

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A busy London letting agent could deal with dozens of tenants

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and their deposits each month.

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It may be that they've just moved and Amanda can't find them

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or it might be more serious.

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I'll be seeing Amanda later to try and track down this letting agent.

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Wealth fund manager, Iain Cockbain,

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lives with his kids in the town of Formby,

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just north of Liverpool.

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Iain is a massive fan of Everton Football Club.

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I'm from Bootle and I've always supported Everton

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ever since I was a small child.

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And I'm a realist, though, I know that we're not very good,

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but once an Evertonian, always an Evertonian.

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Iain's club Everton were drawn against local rivals Liverpool

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in the semifinal of the FA Cup to be played at Wembley Stadium.

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Everton are struggling to make ends meet,

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so our only real chance of success... We have two chances,

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one was the Carling Cup and the other was the FA Cup,

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and we were in the semifinal of the FA Cup.

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It's a massive game.

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With so much at stake for his team,

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Iain and his friends were determined to make a day of it.

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There were about 15 to 20 of us

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who were all members of the Joe Mercer lounge at Goodison Park,

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and the guys all said to me,

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"We need to get a coach organised to go down to Wembley."

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Iain decided he'd organise the coach for his friends and their families.

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A friend recommended a company called First National Coaches,

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and Iain was impressed by their website.

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They were executive luxury coaches. A guy from First National

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actually told me he was sending us

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the coach that Man United had used on occasions this season.

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So we gave him a call and yes, they had a coach available.

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We booked it hurriedly and as soon as the invoice arrived,

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I paid it in full, to make sure they didn't sell it to somebody else.

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Iain was now set for the trip down to the big game.

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It's just a great day out. It's not so much the match.

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Matches are excruciating to watch, to be honest with you,

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especially when you are an Evertonian.

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But it's the whole day out.

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You know, we were due to leave early morning, jump on the coach.

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We had all sorts of videos, Everton videos, to play on the way down.

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We had the drinks organised, we had a buffet organised on the coach,

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and it was just great fun and the banter.

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I allowed two token Reds on, to show that I wasn't completely biased.

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The coach was booked to pick Iain

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and his party up at 4:30am outside a local hotel.

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They waited and waited, until...

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Nothing turned up. The coach didn't arrive.

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So I tried the phone number of First National.

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It just goes on to answerphone.

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Um...highly embarrassed, massively embarrassed.

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You know, 32 of my friends and family

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all standing on the street corner at 4:30 in the morning,

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all ready and waiting to go down to Wembley. It was just a nightmare.

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Desperate not to miss the game

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that was due to start just a few hours later,

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more than 200 miles away,

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Iain and his friends decided to travel to Wembley by car.

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We got there just in the nick of time for kick-off.

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Iain was now determined to get an explanation and a refund,

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and when he called First National Coaches direct to

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Rikki Lee Powell, he couldn't explain why the coach hadn't

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arrived, because he'd had so many coaches going to London that day.

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I went on to say, "How many coaches have you got?"

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And he got quite shirty.

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When Iain asked how many, he couldn't believe the reply.

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He said, "Well, we had 38 coaches that went down

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"to Wembley from the local area and 36 arrived."

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So there were two coaches that didn't turn up.

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After weeks of trying, Iain managed to speak to someone

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at First National Coaches, who promised to send him a refund.

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I spoke to him eight weeks ago and I still haven't received the money.

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Iain's now worried that the coach company think they got away with it.

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It was going to be a fab day.

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I looked very foolish in front of all my friends and family,

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left with egg on my face.

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It just ruined everybody's day.

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In the end, though, the worst thing that happened to Iain

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on match day wasn't thanks to First National Coaches.

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Everton lost, sadly. It made a bad weekend even worse, yes.

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Any Everton fan will tell you that a game against Liverpool is always

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going to be difficult, but booking a coach, that should be simple.

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If the company says they will turn up, they should.

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But even Iain, with all his knowledge of financial matters,

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is completely at a loss as to know how to deal with this coach company.

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I'll be seeing Iain later.

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Now back to the case of Amanda Ciske,

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who moved out of a rented flat in North London.

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When she tried to get her deposit back she discovered that

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the letting agent had disappeared from the high street.

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The law on rental deposits is aimed at protecting the tenant's money.

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In essence, it's quite simple.

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All shorthold tenancies

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must be secured with a deposit protection scheme.

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These are basically ringfenced accounts

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and it's the landlord's responsibility to make sure

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the money goes in within 30 days of the start of the tenancy.

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The person responsible for paying back the deposit

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will depend on the tenant's lease

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and the contract between the landlord and the letting agent.

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Maybe the landlord was ultimately responsible

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and, in Amanda's case, if he is, she may need to prove to him

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that she hasn't already received money from Pearl Homes.

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So Amanda will need to track down the letting agent first.

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They may have closed their shop, but it's not so easy to close a company.

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The quickest way to track them down is via Companies House.

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Yes, there it is,

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Pearl Homes is the trading name

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of Pearl Lettings & Property Management Ltd,

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not to be confused with companies of a similar name.

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And a search for the company director gives us his address.

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If we have no luck at the shop or on the phone,

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we can use this address and Amanda can send them a letter.

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Amanda is originally from the USA

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and she's not lived in England for long.

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With my help and guidance,

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I want to show her how to approach this using our legal system.

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-Hi, Amanda.

-Hello.

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-Gary Bell, pleased to meet you.

-Nice to meet you.

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I asked to meet you here because this is

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-the office of the people that took the deposit from you.

-Yes.

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So what steps have you taken to try and get your money back?

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I've tried calling, writing, e-mailing, everything.

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Even LinkedIn online to get in touch with them, and I haven't heard.

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-You can't trace them at all?

-No, not at all.

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Well, they may have disappeared from the high street,

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but they won't be able to disappear completely.

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Good!

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Normally, we apologise to people from overseas for our weather,

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but as you're from Wisconsin, this is probably quite warm for you.

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Yes!

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Amanda is looking to reclaim the full amount that she paid to

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Pearl Homes as a security deposit on their rental flat.

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That's £1,170.

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The landlord told Amanda he was happy for the deposit

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to be returned, but the problem is Pearl Holmes had disappeared.

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-So this is your new place, then, is it?

-Yes.

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-Do you like it better than the old one?

-It's a lot brighter.

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-It's really nice.

-Did you have to put a deposit on it?

-I did.

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So how do you know the deposit is safe this time?

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This time I got a letter confirming that it's secured.

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Right, let's have a look at the paperwork, then.

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-OK.

-There's the lease.

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The original lease. With the coffee stain and everything.

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SHE LAUGHS

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And this basically sets out all the particulars, the terms,

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and here's the deposit.

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"A deposit of £1,170 will be paid by the tenant.

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"It will be protected by the Deposit Protection Service in accordance

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"with the terms and conditions of the DPS." Which effectively

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means that they have to keep it in a separate ring-fenced account.

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And they didn't. What do you think happened to your deposit?

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-I think they never put it in that deposit scheme.

-Right.

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I've called that scheme and they said our property was never registered.

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-Right.

-I think they just banked the money themselves and ran off with it.

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This puts things in a totally different light.

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It looks like the deposit was never protected

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in a Deposit Protection Scheme.

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It could be that Robert Perlmutter has knowingly deceived Amanda.

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This makes tracking him down even more urgent.

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-You haven't been able to trace him at all?

-Not at all.

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Amanda still has a phone number for Robert Perlmutter's office,

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so I want her to try one last attempt to call him.

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It's her money, so it's important she makes this call herself.

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RINGING TONE

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'Please hold while we connect your call.'

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MUSIC PLAYS

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'Thank you for holding.

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'Your call will be answered as soon as possible.

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'You're currently in position one of the queue.'

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-We have queues here in England!

-SHE LAUGHS

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MUSIC CONTINUES

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I'm a bit worried

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that if we hang up now we might lose our place in the queue.

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But on the other hand,

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if we don't hang up we could be here for a very long time indeed

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and the phone bill will be higher than the deposit!

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If he's not answering the phone,

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Amanda is going to have to write a letter.

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She can use the address I found earlier

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for the director of Pearl Homes, Robert Perlmutter.

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But before we write the letter,

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there are a couple of points about the tenancy I need to clear up.

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-So did you pay your rent to the landlord?

-To the landlord.

-Right.

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And when he left the premises,

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the landlord was happy for you to be given the deposit back

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-because you haven't broken anything?

-Right.

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Because Amanda paid her deposit directly to Pearl Homes,

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her landlord has said that she should go back to them

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'to ask for it, so before she goes any further,

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'she needs to prove that Pearl Homes won't return her money.

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'She will need to write to the letting agent, Robert Perlmutter.'

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Right. We'd better send this chap a letter.

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Can tell him we've spoken to the landlord

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and the landlord has authorised the return of the entire deposit

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because you never broke anything.

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Yes. Spotless.

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-Absolutely. Just like this place.

-Thank you.

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'This isn't a letter before action

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'but it is always a good idea to set a deadline.'

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And we need to give him 14 days to pay off the money.

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If the letting agent ignores this letter, Amanda can go back

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to her landlord and prove she hasn't been able

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to recover her money and that in fact,

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Robert Perlmutter has taken her deposit.

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You are probably sitting at home, enjoying your money...

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'If Robert Perlmutter won't give back Amanda's deposit,

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'she should ask the landlord for it and he can then pursue Pearl Homes.

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'I will be back to see Amanda when the deadline is up.'

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Well done.

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Wealth fund manager and football fan Iain Cockbain

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thought he had booked a coach to take a group of friends and family

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to Wembley to see Everton play Liverpool,

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only the coach failed to turn up

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and the group were left stranded by the side of the road.

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The coach company has failed to give Iain a refund or an explanation.

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This ought to be a simple case of breach of contract.

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The coach company should have given Iain his money back and they haven't.

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But even though Iain deals with contracts every day in his job,

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he can't get the coach company to pay.

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I need to go to Formby to advise Iain what he should do next.

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'With my help and guidance, Iain can use the law to show this

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'coach company that he means business

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'and hopefully get his money back.'

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Unlike your coach, I have turned up.

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-So, you are an Everton football fan.

-Yes. Sadly. Yeah.

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You booked a coach to take you, friends, family, business colleagues

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to Wembley to see the mighty Everton play Liverpool in the FA Cup semi.

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-Yes. I booked the coach...

-You paid for the coach in advance?

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-Yes.

-State of the art, luxury coach.

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It was for the coach, it was for a buffet...

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-It was going to be a great day.

-What could go wrong?

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We were all waiting outside The Grapes hotel in Formby

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at five o'clock in the morning

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and it was freezing cold and the thing just didn't turn up.

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I was rather the laughing stock of Formby for a while.

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It was quite embarrassing, really.

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And did you call them up on the Monday morning?

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I rang them on the Monday and I'm still awaiting an answer.

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They haven't given me an answer yet.

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So £1,600 for the coach, sandwiches, wine, waitress.

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-And he's still got it?

-That's right.

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I've got a credit note off him

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saying that they credited my bank account, but the money didn't arrive.

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Iain's claim couldn't be more straightforward.

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He simply wants his £1,600 back.

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So you've got no option but to take him to court?

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Sadly, not only did Everton lose, but I still haven't got my money back.

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Before you take him to court, you know the protocol

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is that you first send a letter before action

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and if he doesn't pay within 14 days, you'll have to go to court.

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When the letter before action lands on Rikki Powell's desk,

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it will let him know Iain is serious and wants his money back.

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My name is Gary Bell and as a QC, I spend most of my working life

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dealing with major court cases.

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But I haven't always been a barrister.

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I've known some tough times

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and now I want to use my knowledge of the law to help others.

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I want to show you how you can use the courts to recover your money.

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Today I'm helping Amanda Ciske,

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who is trying to recover the deposit from a North London flat.

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The letting agent she gave it to has disappeared.

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So far she has sent a letter to the director of the company,

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Robert Perlmutter, and is waiting to hear back.

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Amanda has discovered that her money was never

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placed in a deposit protection scheme,

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which makes me think the letting agent

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never had any intention of protecting the money.

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And if they have done this to Amanda,

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Pearl Homes could well have done it to other people.

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My name is Maria Del Garcia. I'm from Spain.

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I've been living in London for six years.

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I wanted to live in North London because I always liked this area.

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Maria found a flat in Muswell Hill

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and paid a security deposit of £999

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to one Robert Perlmutter at Pearl Homes.

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After a year of living happily in the flat, Maria decided to move,

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so she contacted Robert Perlmutter to ask for her deposit back.

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He said he would put it straight into her bank account,

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but the money never arrived.

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He just was lying to me,

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saying, "I will send your deposit in two days,"

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when that was not true at all.

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I went to Pearl Homes and they were already closed.

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So I went to the next-door agency.

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They told me Robert Perlmutter from Pearl Homes is on the run.

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He closed down and he simply took money from a lot of people.

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Maria turned to her landlord for help,

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who gave her the deposit protection scheme account number,

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where Perlmutter said the money was secured.

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So I contact them with my ID number and my name, my full name.

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They said to me that they didn't have any record under my name

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and basically it didn't exist.

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That it was fake.

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My deposit was never in the deposit protection scheme.

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The estate agent lied to me for a week by e-mail, telling me

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I will get my deposit, when he knew perfectly

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that he was going to run off with my deposit.

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It was £1,000 and I really needed that money for my new house,

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for the deposit of the new house,

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and I actually struggled a lot to pay that money.

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Maria's story sounds almost identical to Amanda's,

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and it looks like Maria's landlord was also given a false account number.

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And they are not the only landlords who have had

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problems with Pearl Homes.

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My name is Peter Woods and my son owns the flat in Hackney.

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He is now living in the States

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and since he has gone over to the States, I have been looking after it.

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Peter and his son found a letting agent to take over

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the day to day running of their property.

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That letting agent - Pearl Homes.

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The arrangement was that they would be responsible for

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the collection of the rent.

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Pearl Homes collected the rent

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and then paid it into Peter's son's bank account.

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They also told Peter and his son that they'd secured

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the tenant's deposit with a deposit protection scheme.

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For the first few months everything was fine,

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then things started to slip.

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Rent was being paid late or with amounts missing.

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Eventually, the rent stopped altogether.

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February's rent didn't come in at all.

0:22:430:22:45

Peter was now very worried

0:22:460:22:48

and decided to call Robert Perlmutter's office in person.

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Only to find, like everyone else, that it was empty.

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Clearly, we had been duped.

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We were unlikely to get...any money that was outstanding back.

0:23:030:23:10

Peter then discovered that the deposit protection scheme ID

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Robert Perlmutter provided was a fake.

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On realising that the deposit hadn't been registered,

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we felt that we needed to honour that sum.

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Peter and his son decided to repay their tenants

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out of their own pocket.

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Meaning Robert Perlmutter cost them not only the outstanding rent,

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but also the deposits.

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Financially, the total we are talking of some rent,

0:23:400:23:44

we're talking of the deposit, that comes to around £5,000.

0:23:440:23:49

So Amanda, her landlord and many others look like they'd been

0:23:510:23:55

given false deposit protection by Robert Perlmutter.

0:23:550:23:59

All deposits that relate to shorthold tenancies must be

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protected in one of four schemes.

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One of these schemes is the Deposit Protection Service.

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My name's Kevin Firth, I'm director of the Deposit Protection Service.

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This is a custodial scheme that was set up six years ago

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by the government.

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There are two ways to find out if your deposit has been protected.

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First thing you do is to ask the landlord

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what scheme he's going to use.

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My advice is go and look at the scheme

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and there will be a deposit checker on that website.

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And you can put in your tenancy details and it will say

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whether that deposit is protected or not.

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If you can't find it on the scheme that the landlord said,

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my advice would be to go to Shelter's website,

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where there's links to all four schemes.

0:24:430:24:45

The problem Amanda has is that her tenancy has ended

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and she's now moved out.

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The question is, who is responsible for giving back her deposit -

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the landlord or the letting agent?

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Responsibility will lie with who takes the deposit,

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but it will depend on the contract between the agent and the landlord.

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If the terms and conditions say that the agent will take

0:25:100:25:12

responsibility for protecting the deposit, then they will be liable.

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But it will be the landlord that takes the agent to court.

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But in Amanda's case, she paid the initial deposit to Pearl Homes,

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but never dealt with them again.

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From then on, she paid each month's rent directly to her landlord.

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Pearl Homes weren't acting as a managing agent.

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If there is no managing agent in place,

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then it's the landlord who's taken the deposit, they will be liable

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and it will be the tenant that takes the landlord to court.

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So in this case, responsibility will lie with the landlord

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because he should have made sure right from the start that

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Amanda's deposit was secured in the deposit protection scheme.

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He'll need to give Amanda her money

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and then he in turn can pursue Robert Perlmutter from Pearl Homes.

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Amanda has written to Robert Perlmutter,

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but she hasn't heard back from him and I don't think she will.

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Her only choice it to write to her landlord, inform him of his

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responsibility and ask him to pay back the money within a deadline.

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I'll be back to see Amanda when that deadline is up.

0:26:210:26:24

Back now to the story of Iain Cockbain who booked with

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First National Coaches to take his friends

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and family to the FA Cup semifinal at Wembley.

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But the coach never turned up and neither has Iain's refund.

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He sent a letter before action and he's waiting for a response.

0:26:390:26:43

Iain said that he was recommended First National Coaches by a friend.

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Here's their website.

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Looks like a professional operation.

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Offices all over the country and some very nice coaches.

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But I wonder who is behind First National Coaches.

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Companies House is the quickest place to check.

0:27:020:27:05

There's First National Coaches.

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And Rikki Lee Powell is the director.

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He's also the director of Tempo Coaches.

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And Southern Coaches.

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But a bit more of a search

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and it's clear that Iain Cockbain isn't the only person who's been

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left stranded at the side of the road by one of

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Rikki Lee Powell's companies on an important day.

0:27:240:27:27

This is Kim Roberts.

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In 2011, Kim was getting married,

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and like any bride-to-be, she wanted to celebrate.

0:27:360:27:39

I decided that I wanted to have my hen party in London.

0:27:390:27:44

It was about 15 of us and I had three pregnant ladies

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in my group.

0:27:480:27:49

As Kim lives in Hampshire, she needed to work out how to get

0:27:500:27:53

a group of her girlfriends up to the bright lights for a night out.

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A quick search on the internet and Kim found a local company.

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I found Southern Coaches online

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and their website was brilliant.

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Really helpful.

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Kim phoned and booked,

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paying a total of £300 for a coach to take them

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from Hampshire to London and then back after their night out.

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On the morning of my hen night, I phoned them again just to check.

0:28:170:28:20

I like to make sure everything's in place

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and I'd arranged for all of my hen party - there was about 15 of us -

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to come here to have drinks, be picked up from here,

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and then head off up to London.

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That morning, they said everything was fine.

0:28:340:28:38

Kim and her friends waited, but there was no sign of the bus.

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I just started to panic about what I was going to do, really.

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The coach company said the bus wouldn't be there until six.

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Too late for Kim's group to make it into London on time.

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So they decided to take the train.

0:28:560:28:58

Kim called Southern Coaches and spoke to the agent to make sure

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the coach will be there for their journey home.

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He said that he... Absolutely, definitely,

0:29:080:29:11

the minibus will be there at two o'clock in the morning.

0:29:110:29:14

He was so rude and arrogant to me.

0:29:140:29:17

I tried to forget about. I thought, "I'm going to have a good time."

0:29:180:29:22

Kim and her party tried to enjoy their night out.

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But by the early hours, doubt started to set in.

0:29:310:29:35

I think we waited till about quarter to three in the morning.

0:29:350:29:38

By then again I started to panic, I got very, very upset.

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I can remember then cos I thought,

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"How am I going to get all these people home?"

0:29:430:29:45

The bus never arrived.

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And finally, after a stressful end to their night,

0:29:500:29:54

Kim got her friends home.

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The last ones making it back by taxi.

0:29:550:29:58

The next day, Kim called the coach company for an explanation.

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The managing director, Richard Powell, answered the phone.

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He confirmed that I had made the correct booking

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cos he pulled out the paperwork,

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so he couldn't understand what had gone wrong,

0:30:100:30:12

so he said, "Leave it with me,

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"I'll look into it and I'll call you back by the end of the day."

0:30:140:30:17

Kim now realised that Southern Coaches weren't actually

0:30:170:30:20

supplying the vehicles, they just manage the booking.

0:30:200:30:23

Said it was a broker.

0:30:240:30:27

Didn't know anything about any broker.

0:30:270:30:29

Kim never managed to talk to Richard Powell again,

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and has since made a court claim against Southern Coaches.

0:30:320:30:35

I've never heard anything back at all.

0:30:380:30:41

Kim was left in exactly the same position as Iain.

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And so far, Rikki Powell has paid her nothing.

0:30:500:30:52

Despite the lovely pictures of coaches on his website,

0:30:520:30:56

Rikki Powell's company were not operators but coach brokers.

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This means that they subcontracted the work out to vehicle operators

0:31:000:31:03

and then when something goes wrong,

0:31:030:31:06

they pass the blame and the cost onto those companies.

0:31:060:31:09

My name is Fazal Ali, I'm the managing director

0:31:120:31:16

and transport manager of Skyway Travel UK Limited.

0:31:160:31:19

Skyway Travel heard of Rikki Powell

0:31:190:31:21

when he booked them to carry out a local job.

0:31:210:31:25

He made a booking with us, a local job from Keighley to Castleford.

0:31:250:31:32

And it was just...

0:31:320:31:34

like, £250 worth of booking.

0:31:340:31:37

They carried out the job, but were never paid.

0:31:390:31:42

We fulfilled the booking and kept invoicing him, reminding him,

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and a lot of times, we couldn't get a hold of him.

0:31:480:31:50

The next thing they heard from Rikki Powell was that

0:31:520:31:55

he had a much bigger job for them,

0:31:550:31:57

providing a coach for a circus troupe to tour the UK.

0:31:570:32:00

And he made excuses for the first missed payment.

0:32:000:32:04

He fobbed me off the £250 that he owed, said, "Oh, I can't,

0:32:040:32:07

"my staff's slipped up somewhere, and fair enough,

0:32:070:32:09

"but I will pay you back."

0:32:090:32:11

The circus troupe booked with Rikki Powell,

0:32:110:32:13

who in turn contracted Fazal to provide the coach.

0:32:130:32:16

But because the coach Rikki Powell ordered from Fazal was too small,

0:32:160:32:20

after just one week, the circus troupe cancelled their booking.

0:32:200:32:25

So, the first week that we did the work...

0:32:250:32:28

..that money had already gone to Mr Powell, so the circus organisers,

0:32:290:32:34

tour organisers, weren't willing to pay us again.

0:32:340:32:38

Rikki Powell had been paid his money by the circus

0:32:390:32:42

troupe for the week's bus tour, but he failed to pass it on to

0:32:420:32:45

Fazal, and he still owed Skyway Travel for his original booking.

0:32:450:32:50

I tried to contact him and I didn't get any response,

0:32:500:32:54

so it's about £1,550 in total we have lost to Mr Powell.

0:32:540:33:00

The fact that First National Coaches is not an operator

0:33:020:33:04

but a broker is not the issue here.

0:33:040:33:07

There are dozens of legitimate, reputable brokers in the UK.

0:33:070:33:10

The questions is, how do you find out

0:33:100:33:12

if the one you've chosen is reliable?

0:33:120:33:14

The coaching industry is heavily regulated,

0:33:170:33:19

and a licence should've been issued to all legitimate operators

0:33:190:33:23

and brokers by one of the seven UK Traffic Commissioners.

0:33:230:33:27

Beverley Bell is one of them.

0:33:270:33:29

It's our job to licence those operators who want to operate

0:33:330:33:37

coaches, minibuses and buses on the roads.

0:33:370:33:40

That licensing system is there for reasons of road safety

0:33:400:33:43

and reasons of fair competition.

0:33:430:33:45

It's a very easy mistake for people to make to think that just because

0:33:450:33:49

somebody's got a good website that they might be licensed

0:33:490:33:52

by people like myself.

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That's not always the case, and when people use coach brokers,

0:33:540:33:57

it's a bit like using a travel agent.

0:33:570:33:59

What they should do is ask the coach broker who is the operator

0:33:590:34:03

that they're using,

0:34:030:34:04

and then they can check that that operator is licensed.

0:34:040:34:07

Visit the VOSA website, put that into the search engine,

0:34:070:34:12

and that will come up with the government agency website.

0:34:120:34:16

What they then need to do is follow the link,

0:34:160:34:18

and that will tell the consumer if the company that they want to

0:34:180:34:22

use is licensed by either myself or one of my colleagues.

0:34:220:34:25

So either a licensed broker or the name of the licensed coach

0:34:280:34:31

company is what Iain should've look for.

0:34:310:34:34

Iain gave Rikki Powell and First National Coaches 14 days to

0:34:340:34:38

refund the money, and they haven't.

0:34:380:34:40

It's time for me to go back to Formby.

0:34:400:34:42

Iain, it's been two weeks.

0:34:490:34:51

You gave him two weeks to respond to the letter before action.

0:34:510:34:54

-Have you heard anything back from him?

-Not yet, no.

-Anything at all?

0:34:540:34:58

No, nothing at all.

0:34:580:35:00

-Well, if you want to, take him to court.

-Right.

0:35:000:35:03

Despite all his calls and letters, Iain has been left with no choice

0:35:030:35:06

by Rikki Powell and First National Coaches.

0:35:060:35:09

He said he'd take them to court if they didn't respond,

0:35:090:35:12

and that's what he's doing.

0:35:120:35:14

And to do that, we need a claim form.

0:35:140:35:16

First Iain, then the defendant.

0:35:160:35:20

Defendant's name - we'd better sue the company,

0:35:200:35:22

-as it's a limited company, First National Coaches UK Ltd.

-Right.

0:35:220:35:25

We won't write down there that they don't actually have any coaches.

0:35:250:35:28

Next are the brief details of the claim.

0:35:280:35:31

"On the 2nd of April 2012...

0:35:310:35:33

"on First National Coaches to take 32 friends and clients to Wembley

0:35:330:35:36

"for the FA Cup semifinal...

0:35:360:35:38

"Paid in advance for the coach, for the catering,

0:35:380:35:43

"and the coach didn't turn up."

0:35:430:35:45

-All you want is your £1,600 back.

-Mm.

0:35:450:35:48

So, it's £1,600, the court fee of £95,

0:35:480:35:51

which you can also recover from him if you're successful.

0:35:510:35:54

Court fees can be added to the claim, and if you're successful,

0:35:540:35:58

they'll increase the total the defendant must pay you.

0:35:580:36:01

-So, let's send this off to court and see what he does.

-OK, great.

0:36:020:36:05

Maybe it'll bring him to his senses.

0:36:050:36:07

-Although I doubt it.

-All right.

0:36:070:36:09

Meanwhile, in North London,

0:36:130:36:14

Amanda Ciske has been trying to recover the deposit

0:36:140:36:17

she paid on a rented flat.

0:36:170:36:19

The letting agent never paid it into a deposit protection scheme,

0:36:190:36:23

and has now disappeared.

0:36:230:36:25

And because her landlord failed to ensure that her deposit

0:36:250:36:27

was protected, the responsibility falls to him.

0:36:270:36:31

She's now written to him asking for her money.

0:36:310:36:34

I've heard from Amanda, and she's been in touch with her landlord.

0:36:340:36:38

When she explained to him his legal responsibilities

0:36:380:36:40

and asked him for the money, he cut off all contact.

0:36:400:36:43

She's already sent him a letter before action,

0:36:450:36:47

giving him 14 days to pay up.

0:36:470:36:49

And he hasn't.

0:36:490:36:50

Her only choice now is to take him to court.

0:36:520:36:55

It's very sad that it's come to this, Amanda.

0:37:010:37:05

At the end of the day, you know, like you said,

0:37:050:37:07

-I haven't done anything wrong...

-No.

0:37:070:37:09

..and I'm the one who's the victim - well, we're both victims, here.

0:37:090:37:13

But I'm the one without the money, still.

0:37:130:37:17

Well, absolutely.

0:37:170:37:18

And he'll pay you the money back,

0:37:180:37:19

and he then does have an action against Pearl Homes.

0:37:190:37:22

Being a landlord is a very responsible thing.

0:37:220:37:25

If he didn't realise that the money wasn't in the scheme,

0:37:250:37:28

he should have done.

0:37:280:37:30

It's just frustrating that this process keeps going.

0:37:300:37:35

And, um, I'm just hoping that there'll be a resolution.

0:37:350:37:38

Because Amanda's landlord has ignored her letters,

0:37:380:37:41

the only way to get a resolution is to start a claim.

0:37:410:37:44

To do this, we need to fill in a form.

0:37:440:37:47

You're the claimant, Amanda. And the defendant is your landlord.

0:37:470:37:51

We have to put here the brief details of the claim.

0:37:530:37:56

It's very straightforward.

0:37:560:37:58

We need to explain succinctly why Amanda is claiming the money

0:37:580:38:02

from her landlord.

0:38:020:38:03

We should state that the letting agent has disappeared,

0:38:030:38:06

and that the deposit wasn't placed into a protection scheme.

0:38:060:38:10

It's also a good idea to point out

0:38:100:38:12

that the law about landlords' responsibility is very clear.

0:38:120:38:17

Now we add the value of the claim...

0:38:170:38:19

Amanda can also add interest from the day the money became owed...

0:38:230:38:27

You can go online to check the current court interest rates.

0:38:320:38:35

Adding the court fees makes a total claim of £1,310.53.

0:38:350:38:42

Right, Amanda, you can put this in the envelope.

0:38:440:38:47

And we'll get it ready for posting.

0:38:480:38:50

We didn't want to arrive at this juncture.

0:38:530:38:56

We want him to pay the money, and that would have been the end of it.

0:38:560:38:59

Court is always the last resort.

0:38:590:39:02

But he hasn't responded to any texts, any e-mails,

0:39:020:39:06

to the letter before action.

0:39:060:39:08

So, there's no choice now but to take him to court.

0:39:080:39:11

When this application is processed, Amanda's landlord will

0:39:120:39:15

receive a letter from the court notifying him of her claim.

0:39:150:39:18

Ignorance is no defence, and let's hope that when the landlord

0:39:260:39:29

sees that Amanda's serious and gets his court summons, he'll pay up.

0:39:290:39:33

In Formby, Everton fan Iain Cockbain

0:39:350:39:37

has been waiting to hear from the court.

0:39:370:39:40

He's made a claim against First National Coaches.

0:39:400:39:43

He wants to recover the money he paid them

0:39:430:39:45

to supply a luxury coach to take him

0:39:450:39:48

and his friends and family to the FA Cup semifinal at Wembley.

0:39:480:39:52

The coach never showed up, and Iain was left stranded.

0:39:520:39:56

I've heard from Iain.

0:39:560:39:58

First National Coaches neither paid up nor entered a defence,

0:39:580:40:01

so Iain has won his case.

0:40:010:40:03

Iain's claim was a very simple one.

0:40:030:40:07

£1,600 for the coach, wine, beer and sandwiches,

0:40:070:40:11

none of which ever showed up.

0:40:110:40:13

I'm back in Formby to help Iain with the next stage of his claim.

0:40:130:40:17

So, Iain, he had until the 16th of October to fight the defence.

0:40:170:40:21

He didn't do that,

0:40:210:40:23

and because he hasn't acknowledged at all to the court that

0:40:230:40:27

you've claimed against him, then you can apply for judgment in default.

0:40:270:40:33

You've won the case. You shall get your money back.

0:40:330:40:36

He's going to have to pay.

0:40:360:40:38

First National Coaches and Rikki Powell didn't defend the case,

0:40:390:40:43

and so Iain has won,

0:40:430:40:44

and can now instruct the bailiffs to recover his money.

0:40:440:40:48

This guy is untrustworthy and doesn't do as he says,

0:40:500:40:54

and I just don't want somebody else to go through the same

0:40:540:40:57

humility of a coach not turning up that they've booked.

0:40:570:41:00

Rikki Powell didn't respond.

0:41:060:41:08

He didn't defend the case,

0:41:080:41:10

so judgment has been entered against him in default.

0:41:100:41:12

He'll now have to pay back all the money and Iain's court costs.

0:41:120:41:16

We wrote to Rikki Powell of First National Coaches, asking him

0:41:160:41:20

for a response. He failed to reply.

0:41:200:41:23

In London, there is also news from Amanda.

0:41:240:41:27

She was looking to recover her security deposit from a rented flat.

0:41:270:41:31

The letting agent took the money and failed to place it

0:41:310:41:34

in a deposit protection scheme, then closed the shop and disappeared.

0:41:340:41:38

But the ultimate responsibility for the deposit lay with

0:41:380:41:41

the landlord, who refused to return it, meaning Amanda took him

0:41:410:41:45

to court to get her money.

0:41:450:41:47

Her claim is for the return of her security deposit, £1,170,

0:41:470:41:54

plus interest of £70. £1,240 in total.

0:41:540:42:00

My landlord was helpful in the beginning and was communicating

0:42:000:42:03

with me, but as soon as I asked for money, he disappeared.

0:42:030:42:06

So I didn't want to have to go to court.

0:42:060:42:10

That was just the way it worked out.

0:42:100:42:13

Amanda's won her case because the landlord failed to defend

0:42:130:42:16

the claim, and the court awarded her judgment in default.

0:42:160:42:20

We wrote to both Amanda's landlord

0:42:200:42:22

and Robert Perlmutter of Pearl Homes. Neither responded.

0:42:220:42:27

The next step for Amanda will be to pass

0:42:270:42:29

the claim on for enforcement if he doesn't pay up.

0:42:290:42:32

So now that I've got the judgment, I'm hoping that this is the last

0:42:320:42:38

step that I need to take to show him that I was serious about this.

0:42:380:42:42

I think he was hoping I would just go away.

0:42:420:42:44

I mean, nobody wants anybody to come around and ask for money back.

0:42:440:42:48

Amanda has claimed what's hers because she wasn't willing to

0:42:480:42:52

let her landlord walk away from his responsibility.

0:42:520:42:55

Just like Iain, who couldn't stand by

0:42:550:42:57

and let First National Coaches think they'd taken him for a ride.

0:42:570:43:01

Both Amanda and Iain have each won their case

0:43:010:43:04

and can now pass their judgments on for enforcement.

0:43:040:43:08

Getting justice for yourself isn't easy.

0:43:080:43:11

And taking someone to court should never be your first option.

0:43:110:43:15

But the law is there for us all,

0:43:150:43:17

to give everyone the chance to stand up for their rights.

0:43:170:43:20

Iain and Amanda did exactly that.

0:43:200:43:23

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