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