Episode 3 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 that the world can be a tough place.

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At some points, 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 homeowner in Wales

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deal with a dispute over some specially-made kitchen worktops.

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It's just so, so below standard that I'd be ashamed to fit it.

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But first, I'm in Leicestershire with a mother and daughter

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who are trying to find out what happened to their horse.

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She basically gave her away.

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I'm going to help 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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Over three and half million people regularly ride horses in the UK,

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and Mandy Everley's daughters are two of them.

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My name is Mandy. I have two children, Rosie and Holly.

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Rosie is 23 in a couple of weeks

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and Holly is 20.

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Both of Mandy's daughters loved horse-riding from an early age.

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Come on! Good girl!

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At the moment, we've got one pony, called Penny.

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I've had a lot of fun with them.

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They've been part of my life for a long time.

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What are they doing?

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Come on. Good girl.

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Rosie's favourite pony was called Libby

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and the two were inseparable.

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We bought Libby when I was 14. She was a real character.

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We won quite a few trophies in our local shows

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and genuinely had quite a lot of fun together.

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When Rosie went away to university,

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they decided it would be better for the horse

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if they could find a more active rider who could take her on loan.

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She was still a very active horse

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and I do think that she missed being ridden.

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Horse-loaning is very common.

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An owner finds a new home for their horse, without actually selling it.

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Sometimes, horses are loaned out for years.

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Generally no money changes hands, unless there are vets bills to pay.

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Mandy found someone who wanted to take the horse.

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Both parties signed the agreement, which said that the horse would always be Mandy's property

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and would be returned to her whenever she asked for it.

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Libby was very happy in her new home,

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but as she got older, it became clear she needed to retire and live as a companion horse,

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where there was no pressure for her to be ridden.

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We'd actually found someone who was looking for a companion horse at the time.

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This was a lady in Telford.

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Another loan agreement was made with the new keeper, Denise from Telford.

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Mandy and Rosie went to visit their horse in her new home

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and were delighted to see she was happy and well looked-after.

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Everything was fine for the next few months,

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until Mandy received a phone call.

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I had a call from Denise saying that she was pregnant

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and she couldn't keep Libby any longer while she was pregnant,

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but that she had found Libby another home

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with a lady called Rachel, from Chester.

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Mandy asked Denise for the contact details of the woman from Chester

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so she could draw up a new loan agreement.

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I tried and tried and tried ringing the mobile number that I was given.

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To start with, there was no answer, it just rang and rang,

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and then after a while it was just discontinued.

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I started to get a little bit worried at this point!

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Mandy was now so worried

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that she went back to ask what had happened to her horse.

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The answer Denise gave her was a shock.

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She didn't think we were that bothered with Libby

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and basically gave her away.

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Both mother and daughter were now frantic.

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Their horse had disappeared.

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They chased every lead and even placed "missing" posters on horse websites,

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desperately hoping that someone might be able to help.

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We didn't know where she was,

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we didn't know, you know, what state she was,

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we didn't know who'd got her,

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we didn't know what she was being used for. We hadn't got a clue.

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For a year, the two women tried everything to find their horse,

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and while searching the National Equine Database

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they received the worse news possible.

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We discovered that she'd been registered as deceased.

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They continued to investigate

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and were shocked to discover that Libby had been slaughtered at an abattoir

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only a few days after the date Denise had told them she'd given the horse away.

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Someone had sold her to a horse dealer

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and the horse dealer had taken her for meat, basically. I think that's what happened.

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It's torn us apart, really.

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Me and Libby spent a lot of time together.

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I grew up, you know, through my teenage years with her.

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There is an enormous amount of guilt, erm, on my shoulders

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because I was the person who actually said,

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"I think it's time to find Libby another home now."

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If Denise had stuck to the agreement

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and she genuinely couldn't keep her any more,

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we would've had her back.

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Mandy and Rosie now want to know why Denise ignored the terms of the loan agreement

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and let the horse leave her care.

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There is absolutely no reason to think that Denise is responsible for the horse being slaughtered,

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but she did sign a contract with Mandy,

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and when she let the horse out of her care, she breached that contract.

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Mandy and Rosie have tried everything to try and find out what happened to their horse.

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They even contacted the police, but they said it was a civil matter.

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Well, they may not want to help but I do,

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and I'll be meeting up with Mandy and her daughter later.

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Situated at the farthest corner of South West Wales,

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and exposed to everything that the Atlantic has to throw at it, is the town of Fishguard.

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Someone who's quite at home in the outdoors is all-round handyman,

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and, when it's not raining, tree surgeon Jim Scott.

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Jim moved into this house with his wife and her four children

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with the idea of turning it into a dream home,

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finished exactly as they wanted.

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We bought this house because it was an unfinished new-build

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and it showed potential for a family home for us.

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Jim is an experienced and skilled craftsman,

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so he wanted to install his own dream kitchen.

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First he chose the units, then the worktops.

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I designed the kitchen myself.

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I looked into a lot of different worktops

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and eventually decided that Welsh slate would be a nice finish.

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It's quite a contemporary look.

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Welsh slate is a natural product with a smooth and waterproof surface,

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usually quarried in the mountains of North Wales.

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Large, unblemished slabs can be expensive and difficult to extract.

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One of the major factors was how quickly we could get it,

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because we had to get the house finished and we had to get moved into the house.

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Jim found a company called Welsh Slate Products.

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The pictures on their website were perfect and matched exactly what he was looking for.

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The owner, Ben Edge,

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promised to deliver within Jim's budget and, more importantly, on time.

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Ben was very enthusiastic

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about the fact that he could probably get it done in two weeks

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and if not, definitely three to five weeks.

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I was really pleased that someone could do it that quickly.

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The order was for four worktops,

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each carefully cut by Welsh Slate Products

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to match Jim's designs.

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Jim transferred £2,700, which included the cost of delivery,

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but the slate failed to arrive.

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Months and months later after initial payment,

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finally, two of the pieces of slate were ready.

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He sent me a photograph of those to show that they were ready.

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Jim and his wife drove five hours to North Wales,

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but when they got there Ben Edge told them the slate still wasn't finished.

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They paid to spend two nights in a hotel,

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and even then, they only left with half of their order.

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More and more months went by.

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I decided to give Ben a deadline, which was me and Jill getting married,

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in the hope that it would spur him on.

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He even said on the phone at one point,

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"Let's get all this delivered within a year!"

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More than 12 months since he placed the original order,

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Jim returned to North Wales, spending the night in the back of his van this time.

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He collected the rest of the slate,

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but when he fitted it to his kitchen

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he discovered it had been cut to different thicknesses and not to his specifications.

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He's actually finished them to different thicknesses.

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They don't actually match.

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Ben Edge of Welsh Slate Products

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did offer to give Jim some of his money back,

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but it never materialised.

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Ben actually rang and said, "I'm going to send £200,"

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and that was the last I heard of him.

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We obviously haven't received any money.

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Jim now wants Ben Edge to give him a refund

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and cover all of the extra costs involved in collecting the slate.

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The key word here is bespoke.

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Jim's order wasn't off the shelf, it had to be especially made for him

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and if what he ordered isn't what he got,

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he's got a good case to ask for his money back.

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I'll be seeing him later to work out how much he should ask for.

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Now back to Leicestershire,

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where Mandy Everley is trying to find out what happened to her horse that went missing while on loan.

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Mandy and her daughter have since discovered the horse was slaughtered in an abattoir

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just days after it went missing.

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This really is a sad story. Mandy signed an agreement

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which said her horse could not be given to someone else without her consent.

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Unfortunately, that appears to be exactly what has happened.

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The trouble is, no-one seems to be able to explain how or why.

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I'm not here to take sides,

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but Mandy and Rosie are entitled to know what happened to their horse,

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and I'm hoping that with my help, they can get some answers

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and then put this sad affair behind them.

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-Hello!

-Hi, Mandy. Gary Bell.

-BOTH: Nice to meet you.

-Come in!

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I also want to clear up any confusion that they have about contract law.

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One thing that has confused us a little bit in this has been that,

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when I contacted the police, they did say that the loan agreement counted for nothing

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because it wasn't overseen by a solicitor when it was signed.

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Is that a necessary step that people should take?

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I find it very odd that the police feel they're now experts in contract law.

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No, it's absolute rubbish.

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Apart from real property, all contracts are contracts,

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whether they're written or verbal. Mandy's certainly was.

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This was an agreement between you and Denise, signed by Denise,

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-and it sets out all the terms of the loan.

-BOTH: Yes.

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It says, "Under no circumstances are you permitted to lease or sell the horse to any third parties

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-"without consent from the owner." That would be you?

-BOTH: Yes.

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Do you know whether or not Denise sold this horse?

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We don't know.

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When was it that Denise called up

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to say that she'd found somebody that could look after Libby,

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called Rachel, in Chester?

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It was early in February.

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But on the 7th of February,

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-you know that Libby was killed on that day.

-Yes.

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-Do you know where and how?

-We know that the abattoir got her from a dealer,

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but we haven't made a direct connection between the dealer and where he got Libby from.

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-Right.

-We've got a little piece of the jigsaw missing.

-Yes.

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Until we can find out who the dealer bought Libby from, no...

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The dealer shouldn't have bought the horse

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without checking that the person that bought it from

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was the one who was registered as the owner on the passport,

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and the abattoir shouldn't have taken the horse unless they'd made the same checks.

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Mm. That's true.

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This poor horse was let down three times.

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The dealer didn't check who really owned her,

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the abattoir did not check her passport

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and Denise gave her away, in breach of the loan agreement.

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Looking at the contract that Denise signed for the loan of Libby,

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it's perfectly clear that she's breached the terms of that contract in a number of ways.

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Whether she gave her away or whether she sold her

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doesn't really matter.

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She breached the terms of that contract

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that Libby should've either gone to somebody on loan, with your permission,

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or come back to you so you could look after her.

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Libby was not her pony

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and she didn't have the authority to do that with her.

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So the action is against Denise for breach of contract.

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How much would Libby have been worth, as a 24-year-old horse?

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If I'd have sold her on - £300? Not much it all.

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-And probably 100 for all of the kit.

-Yeah, there was tack and kit that went with her.

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So for the breach of contract that resulted in the death of their horse,

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Rosie and Mandy will be claiming £300 for the value of the horse

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and £100 for her bridle, reins and tack.

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That's a total of £400.

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This isn't about money.

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This is about a devastating experience that you've suffered

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as a result of Denise's actions.

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Whatever she thinks about the loan agreement,

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it's signed by her, it's witnessed

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and it shows quite clearly that you're the owner.

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The next thing we need to do is to write a Letter Before Action to Denise.

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A Letter Before Action is the first step you must take when you're making a claim.

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We need Denise to understand that there was a contract between them and it was binding.

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It clearly stated that the horse was not hers to sell or give away.

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She must now pay for the loss because she let the horse go without permission.

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We should also set a time limit of 14 days,

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giving Denise every opportunity to resolve the issue.

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Let's hope that when Denise receives this letter,

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she'll begin to realise the enormity of what she's done

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and she'll have to pay a small amount of money,

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but at least that will show that what she did was very wrong.

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Hopefully, it will stop other people from doing the same in the future.

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Hopefully, that will be the case.

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What do you think now, when you think back to Libby and how she ended up?

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I don't think she deserved what she got. She'd, erm...

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She'd done a lot in her life. She, erm...

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She used to jump professionally before we had her

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and, erm...

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I just... I don't think she deserved it.

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This case isn't really about compensation

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but, sadly, going to court may be the only way Mandy can get Denise to respond

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and help her fill in the final piece of the mystery

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of what happened to her daughter's horse.

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Jim Scott thought that he was ordering some finely-crafted Welsh slate worktops

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for his newly-built kitchen.

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After waiting more than a year for them to be delivered,

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he got fed up and collected them,

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only to discover that they didn't match the order he'd agreed to pay for.

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Jim's worktops are a bespoke product,

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made-to-measure for his kitchen.

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Consumer law around distance selling and bespoke products

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is slightly different than buying things off the shelf,

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but the basic principle is the same - you should get what you pay for.

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As long as both buyer and seller are clear about what is expected,

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that is what should be delivered.

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So far, Jim has had no luck getting any of his money back.

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Hopefully, I can help him work out what he should claim and how to get it.

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-Jim.

-Hi.

-Gary Bell.

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-Pleased to meet you.

-Shall we go and look at that kitchen?

-Please come in.

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These two worktop surfaces are completely different thicknesses.

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This piece actually was five mil too long.

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This piece was delivered months before that one.

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This has a pencil-edge finish, whereas this has a bevel edge.

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They just don't match at all.

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-Had you given precise measurements and thickness requirements?

-Absolutely.

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I gave exact measurements and details, completely and utterly precise measurements.

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There's a cut in the middle of that piece of slate for the sink.

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That came as it was.

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-Is that satisfactory?

-Er, no.

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-Is it supposed to have these big white stripes in it?

-No.

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-I notice this edge, as well, is very sharp. Did you do that?

-No.

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Then you've got upstands, as well, which were part of the price,

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-they're the pieces at the back.

-That's right.

-Were they OK?

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They're actually a different height, roughly 100 mil,

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so they didn't match up either.

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It's just so, you know, below standard

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that any kitchen fitter would be ashamed to fit it.

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-They do say that the cobbler's kids are always the worst clod.

-Yeah.

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So all in all, are you happy with your four slate surfaces?

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No, not at all, no!

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I don't see any reason why you shouldn't get the kitchen that you paid for

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and as you haven't, get it from somebody else

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who will do it to the right specifications and within the right timeframe

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and get your money back from Mr Edge.

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Well, that would certainly be something, yeah.

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And when you get the new kitchen, you can fit it and send this slate back,

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or you can make him come and collect it, maybe sleep in his van.

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HE CHUCKLES Yeah! Yeah.

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Well, let's see if we can go and get your money back.

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Because Jim's worktops are not what he ordered or paid for,

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he has a good case for a refund.

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I'm going to help him work out what he can ask for

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so we can set it out in a Letter Before Action.

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-Petrol money?

-The first time we drove up,

0:20:170:20:19

it cost about £80 in petrol money and we had to stay in a hotel.

0:20:190:20:23

£80. Hotel... How much did you pay for the hotel?

0:20:230:20:27

The hotel was another £150.

0:20:270:20:29

Two nights in a hotel, petrol money.

0:20:290:20:31

We won't worry about you having to eat out and subsistence costs. We'll leave that, shall we?

0:20:310:20:36

That might be a bit remote.

0:20:360:20:37

-And then the second trip?

-The second time I had to drive up, I was in the van

0:20:370:20:42

so it cost a bit more, about £100 in diesel.

0:20:420:20:45

-No hotel bill because you slept in the van, which you can't get compensation for.

-No.

0:20:450:20:49

-But it's a pain.

-Yes.

0:20:490:20:52

I think that Jim can ask for any costs that can he directly attribute to Ben Edge,

0:20:520:20:56

but I always think it's best to add only the larger, basic costs.

0:20:560:21:01

And of course, you've ended up with kitchen work surfaces which are not fit for purpose

0:21:030:21:08

and you'd like your money back for those of £2,700.

0:21:080:21:11

And then, obviously time off work, how many days off work?

0:21:110:21:14

It was three in total, yeah.

0:21:140:21:17

And what would that cost?

0:21:170:21:19

In reality, I would've been earning about £120 a day, so...

0:21:190:21:23

We'll put £360 down.

0:21:230:21:25

-That's reflected in your accounts, we can see that that's what you earn a day?

-Yeah.

0:21:250:21:31

£180 for the petrol,

0:21:310:21:34

150 for the hotel,

0:21:340:21:35

a grand total of...

0:21:350:21:39

Well, there's my maths.

0:21:390:21:41

What Jim is actually claiming from Welsh Slate Products is...

0:21:430:21:47

..and a total of £531 for the other expenses he's had to pay

0:21:520:21:56

in order to collect the slate that was supposed to be delivered.

0:21:560:22:00

That's a total of £3,265.

0:22:000:22:04

Jim needs to set all this out in his Letter Before Action

0:22:050:22:08

and send it off to Ben Edge.

0:22:080:22:10

-Let's post it, then. This should be the first step in you getting your money back.

-Yes.

0:22:100:22:16

My name is Gary Bell

0:22:180:22:20

and as QC, I spend most of my working life dealing with major court cases.

0:22:200:22:26

But I haven't always been a barrister,

0:22:260:22:28

I've known some tough times,

0:22:280:22:30

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

0:22:300:22:34

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

0:22:340:22:39

Mandy Everley is trying to recover the value of her daughter's horse, Libby,

0:22:440:22:48

which went missing whilst out on loan.

0:22:480:22:50

The new keeper breached the loan agreement by passing her on without permission

0:22:500:22:55

and, sadly, the horse was later slaughtered in an abattoir.

0:22:550:23:00

Poor old Libby. The loan agreement Mandy signed

0:23:000:23:03

was there to make sure that this sort of thing didn't happen.

0:23:030:23:06

Contract law is a specialist area but, in essence, it's very simple -

0:23:060:23:10

if you make an agreement, you should stick to it.

0:23:100:23:13

Even without a written contract,

0:23:130:23:15

a verbal agreement can still be legally binding.

0:23:150:23:19

This is Anabel Jay.

0:23:250:23:27

She loaned out her horse on the strength of a verbal contract

0:23:270:23:31

and had to use the threat of legal action to get it back.

0:23:310:23:35

Anabel is part of a program

0:23:370:23:39

that maintains the bloodline of a rare variety of Spanish horse.

0:23:390:23:43

When things got busy at home, she decided to take a break from horse breeding

0:23:430:23:48

and loaned out her prize-breeding mare Chimene to a couple she knew.

0:23:480:23:53

It was a temporary loan and all went well at first.

0:23:530:23:57

But when Anabel decided it was time to go back to horse breeding,

0:23:590:24:04

she asked for her horse to be returned.

0:24:040:24:07

I didn't get her back.

0:24:070:24:09

They started not responding or hanging up.

0:24:090:24:13

When I did get hold of his wife,

0:24:130:24:16

she came out with some comment that it was her horse

0:24:160:24:19

and she was keeping her and I couldn't have her back.

0:24:190:24:23

Anabel contacted the police. Initially, they were helpful.

0:24:230:24:27

We went with the horsebox to get my horse back.

0:24:270:24:30

The police, at the last minute, pulled out

0:24:300:24:33

and decided that it wasn't their business, I'd got to deal with it through the courts.

0:24:330:24:37

Anabel now had to prove the horse was hers.

0:24:370:24:41

She asked a solicitor who specialised in horse ownership to help,

0:24:410:24:45

and simply the threat of legal action got results.

0:24:450:24:47

They hadn't reckoned I would seriously go to a lawyer.

0:24:470:24:52

As it was, for some reason, they suddenly agreed.

0:24:520:24:56

Their lawyer, I think, had made it quite clear to them

0:24:560:24:59

that the horse was not for sale, they'd got to give it back.

0:24:590:25:03

Chimene came home

0:25:030:25:05

and last year gave birth to a young colt,

0:25:050:25:07

who can carry on the bloodline.

0:25:070:25:10

This is Valiente!

0:25:100:25:13

Anabel got her horse back because she was able to show that she still owned it.

0:25:220:25:26

A written loan agreement would've set this out from the start and made things more clear.

0:25:260:25:31

But even if you sign an agreement,

0:25:310:25:32

it's important to make sure that the person you sign it with is who they say they are.

0:25:320:25:37

-This is Emma Hitchcox.

-I absolutely love horses. I've done it since I was,

0:25:420:25:47

well, as long as I can remember, I've loved animals and horses.

0:25:470:25:51

Emma has owned lots of horses

0:25:510:25:53

and two of her favourites are Lady and Gwendolyn.

0:25:530:25:56

In 2008, Emma needed to find a temporary home for both horses.

0:25:560:26:01

She was contacted by a woman who said she needed some companion horses

0:26:010:26:04

for her own pony.

0:26:040:26:06

When the lady first came to see Gwendolyn and Lady, she was absolutely lovely.

0:26:060:26:10

She couldn't have been kinder.

0:26:100:26:13

But Emma had no idea

0:26:170:26:19

that the woman eyeing her horses had other plans.

0:26:190:26:23

Emma was so convinced by her that she signed a loan agreement on the spot

0:26:290:26:34

and allowed her to take her horses away.

0:26:340:26:37

For two weeks, she received texts and picture messages from the woman

0:26:370:26:40

showing her horses happy in their new home.

0:26:400:26:44

Emma decided to pay them a visit.

0:26:440:26:47

When we got to the address,

0:26:490:26:51

the lady answered and there didn't appear to be any horses in the field.

0:26:510:26:55

I asked her where the horses were and she said she'd never heard of the lady,

0:26:550:26:59

there'd never been any horses at this address and she'd lived here her whole life.

0:26:590:27:04

Emma was frantic

0:27:040:27:05

and started to search for answers.

0:27:050:27:08

I was filled with absolute dread at the time.

0:27:080:27:12

I felt sick to my stomach.

0:27:120:27:15

When I typed her mobile number into Google,

0:27:150:27:18

I was shocked to find lots of adverts on horse-for-sale websites,

0:27:180:27:23

with pony and horses listed for sale,

0:27:230:27:26

and I then panicked.

0:27:260:27:29

Emma now realised that she'd been conned.

0:27:290:27:33

The name on the loan agreement was a fake.

0:27:330:27:35

She had no idea where her horses were

0:27:350:27:38

and she started to fear the worst.

0:27:380:27:42

My mother called round all the abattoirs in the UK

0:27:440:27:48

and, after much persuasion...

0:27:480:27:52

..one of the abattoirs said, "We believe your horse came through."

0:27:530:27:57

The abattoir had slaughtered both Lady and Gwendolyn.

0:27:580:28:03

I cried myself to sleep for months and months.

0:28:060:28:09

I was absolutely distraught. I didn't know what to do with myself.

0:28:090:28:14

I couldn't believe anyone could take something that someone loved so dearly,

0:28:140:28:18

take that animal and send it to a slaughterhouse.

0:28:180:28:22

Emma now realised that this wasn't the first time

0:28:230:28:26

the woman who signed the agreement had used this fake name.

0:28:260:28:30

We've discovered that she's done it to numerous people,

0:28:320:28:35

before and after us.

0:28:350:28:38

I never got over it. And to this day now,

0:28:400:28:42

I still haven't got over what happened to my girls.

0:28:420:28:46

There are clearly some people who take horses on a regular basis

0:28:510:28:55

and are then making money by selling them to an abattoir.

0:28:550:28:59

There is absolutely no suggestion that the case of Mandy's horse

0:29:010:29:04

is anything other than a one-off, tragic occurrence,

0:29:040:29:09

but as these other cases show,

0:29:090:29:11

it's important not only to have a written agreement

0:29:110:29:13

but to check out thoroughly the person that is taking your horse.

0:29:130:29:17

A contract is only as good as the person who signs it.

0:29:170:29:20

I'll be visiting Mandy later to see if she's had a reply to her Letter Before Action.

0:29:200:29:26

Jim Scott paid for natural slate worktops from North Wales

0:29:280:29:32

but after a year of waiting for them to be delivered, he collected them himself.

0:29:320:29:37

He then discovered that not only was the slate not cut to his specifications,

0:29:380:29:42

it wasn't at the high quality he'd paid for.

0:29:420:29:45

Jim has now written to the company asking for a refund

0:29:450:29:49

and he's waiting for a reply.

0:29:490:29:52

Jim ordered a bespoke product made from natural materials.

0:29:520:29:56

If the case goes all the way to court,

0:29:560:29:58

the supplier may well argue that there are going to be blemishes and imperfections,

0:29:580:30:02

it's natural stone!

0:30:020:30:04

I want to be absolutely certain that Jim's argument is watertight.

0:30:040:30:09

I've sent photos of his slate to be looked at

0:30:100:30:13

by cut-stone expert Barry Hunt.

0:30:130:30:17

Here is the photograph of the kitchen sink.

0:30:230:30:25

There are lots of problems with this

0:30:250:30:27

where they've cut out a section of the stone really...

0:30:270:30:31

..to fit the sink into.

0:30:310:30:34

What we've got in the top corner here is a very incorrect circular cut,

0:30:340:30:41

which just doesn't match the sink at all.

0:30:410:30:44

That's one of the worst cuts I've seen in quite a while.

0:30:440:30:48

The next photograph I'm looking at is actually of...

0:30:490:30:53

..the sides of the two of the panels that we received by Jim

0:30:530:30:58

and on the left side, we have one that's three or four millimetres thicker

0:30:580:31:02

than the one on the right-hand side.

0:31:020:31:05

This third photograph is of two pieces of stone,

0:31:060:31:10

which apparently arrived separately.

0:31:100:31:13

The fact is, both edges are quite different and it shows up very dramatically.

0:31:130:31:18

It's something very basic that just shouldn't be allowed with any natural stone product.

0:31:180:31:23

It certainly looked like...

0:31:250:31:28

..there were three, four, five major things not right.

0:31:280:31:33

It's as simple as that.

0:31:330:31:35

It looks like Jim has a strong case.

0:31:350:31:38

And he's not alone in having problems with Ben Edge and Welsh Slate Products.

0:31:380:31:43

Steven Cooper from Sandbach in Cheshire

0:31:460:31:49

wanted to landscape his garden with a lawn and a large pond, surrounded by walls and paving.

0:31:490:31:55

The search for stone led Steven to Ben Edge

0:31:550:31:58

and his company Welsh Slate Products.

0:31:580:32:02

He had quite a good internet site. He seemed to have all the pictures.

0:32:020:32:06

He showed us some samples he'd got of the slate walling and paving.

0:32:060:32:12

He seemed very keen to do business

0:32:120:32:14

so we were quite happy to go ahead with that.

0:32:140:32:17

Steven ordered 37 square metres of slate paving and walling

0:32:170:32:22

and paid upfront for the materials and transport.

0:32:220:32:25

But months passed before any slate arrived...

0:32:250:32:29

..and when it did, it was neither the amount nor the quality that had been paid for.

0:32:310:32:36

We paid £2,035,

0:32:360:32:39

plus a little bit extra for the delivery.

0:32:390:32:42

We ordered 37 square metres

0:32:420:32:44

and he's delivered 14 of those.

0:32:440:32:47

Just over half the slate Steven paid for was delivered

0:32:470:32:51

and he made a court claim against Ben Edge and won his case.

0:32:510:32:55

In the meantime, he's finished his project with stone from another supplier.

0:32:550:33:00

Eventually, once we'd saved up some money again, we went to another slate supplier.

0:33:000:33:05

We went with the same specification,

0:33:050:33:07

and everything they supplied was just better quality, it was delivered on time.

0:33:070:33:11

It was just a better experience all round.

0:33:110:33:14

For whatever reason, Ben Edge seems to have had difficulty delivering on time, if at all.

0:33:150:33:20

He has, however, replied to Jim's Letter Before Action

0:33:200:33:24

saying if Jim returns the slate, he'll return the money.

0:33:240:33:27

But Jim made it clear that the money must be returned first,

0:33:270:33:32

which, so far, it hasn't.

0:33:320:33:34

The 14-day-deadline is up and Ben Edge hasn't paid.

0:33:370:33:40

Jim really has no other choice but to take him to court.

0:33:400:33:45

Right, Jim, he's had his two weeks. Has he paid up?

0:33:460:33:49

Er, no, he hasn't.

0:33:490:33:51

And you said to him, "14 days,

0:33:510:33:53

-"and if you don't pay the money, I'll take you to court."

-Yes.

0:33:530:33:56

So now the only option you've got is to take him to court.

0:33:560:33:59

As with all court forms, it's a good idea to keep things as simple as possible.

0:33:590:34:05

The claimant is you, Jim Scott.

0:34:060:34:09

-Is it Jim or James?

-Er, James.

-James Scott.

0:34:090:34:13

Then it's the defendant, Ben Edge, in person because he's not a limited company.

0:34:130:34:18

Next are the brief details of the claim.

0:34:180:34:20

Here is where Jim can explain what problems there are with the goods that have been supplied.

0:34:200:34:25

We've got the edging, the upstands being different heights,

0:34:250:34:30

we've got the poor finish on the corners...

0:34:300:34:33

-The white stripes.

-The white stripes running throughout them...

0:34:330:34:36

It's like the Generation Game, isn't it? Cuddly toy...

0:34:360:34:39

Once we'd managed to remember all the problems,

0:34:390:34:42

Jim also needs to show how he's worked out what he's owed,

0:34:420:34:45

proving that he spent money on fuel, accommodation and extra materials.

0:34:450:34:51

And you put your full name in here, and signed by you. Just sign that.

0:34:510:34:57

-Are you happy to do this, Jim?

-Absolutely.

0:34:570:34:59

You appreciate the cost involved in taking somebody to court?

0:34:590:35:02

I do, but if we can get some compensation

0:35:020:35:05

from such a nightmare, financially,

0:35:050:35:08

and all the stress he's caused, then it'll be a good thing.

0:35:080:35:12

Right, just sign there.

0:35:120:35:15

Because Ben failed to pay up,

0:35:150:35:17

Jim's done what he said he would and taken him to court.

0:35:170:35:21

If he's supplied Jim with the slate he'd ordered in the first place, Ben could've avoided all this.

0:35:210:35:26

Now he can explain himself to the judge.

0:35:260:35:31

Back now to the case of Mandy,

0:35:370:35:39

who is trying to recover the value of her daughter's horse that went missing while on loan.

0:35:390:35:44

Unfortunately, the woman who was looking after the horse, Denise,

0:35:440:35:47

broke the contract and gave the horse away.

0:35:470:35:51

Mandy sent a Letter Before Action and Denise hasn't replied.

0:35:510:35:54

The only option she has now is to take her to court.

0:35:540:35:59

We haven't heard back from Denise.

0:36:000:36:03

-No.

-So the only option available now is to take her to court.

0:36:030:36:07

-Yes.

-Are you prepared to do that?

-Yes, I am.

0:36:070:36:10

I want some form of redress for what happened to Libby.

0:36:100:36:13

I do feel that wrongdoing has been done here,

0:36:130:36:17

erm, to Libby and my daughter and myself.

0:36:170:36:22

I do want to find out the truth

0:36:220:36:25

and I want someone to have to pay for what's happened to Libby, really.

0:36:250:36:30

What we have to do is set out our argument in the claim form.

0:36:300:36:33

-Right.

-It's a small claim.

0:36:330:36:36

We need to start Mandy's claim by filling in a form.

0:36:360:36:39

You can find them online at your local court or a Citizens Advice Bureau.

0:36:390:36:44

What we need to do in the Brief Details of Claim

0:36:440:36:47

is to let the judge see immediately what the problem is.

0:36:470:36:50

Mandy must say that she loaned her horse to Denise with a written agreement

0:36:500:36:54

and that Denise gave the horse away without first asking for permission.

0:36:540:36:58

The horse was then slaughtered in an abattoir.

0:36:580:37:00

The value of the horse will be estimated at £300

0:37:000:37:04

and £100 for bridle, saddle and reins.

0:37:040:37:07

There's a court fee of £50 which can be added.

0:37:070:37:09

The total claim is therefore £450.

0:37:090:37:14

This is a very unusual type of case because it's not about money,

0:37:140:37:18

-it's not about making people pay for what they've taken or destroyed.

-Yes.

0:37:180:37:22

It's about trying to get Denise to face up to the enormity of what she's done.

0:37:220:37:28

-Well, here's the letter for the court.

-Thank you.

0:37:280:37:31

So in the postbox and that'll be that.

0:37:310:37:34

I have no idea how it is that Libby moved from the field that she was living in with Denise,

0:37:350:37:41

only Denise knows that,

0:37:410:37:42

but, hopefully, in court she can explain herself

0:37:420:37:46

and the court can make her pay for what she's done.

0:37:460:37:50

In Pembrokeshire, Jim Scott has been waiting to hear

0:37:540:37:57

if Ben Edge of Welsh Slate Products has filed a defence.

0:37:570:38:01

Jim is claiming a refund for the cost of his slate worktops

0:38:010:38:05

and the expenses he incurred in collecting them.

0:38:050:38:08

In total, his claim is £3,265.

0:38:080:38:12

Jim's heard from the court.

0:38:120:38:15

I rang the, erm, the money claim online people

0:38:150:38:18

to find out what the status of the claim was

0:38:180:38:21

and they informed me that I'd won be default.

0:38:210:38:24

It seems Ben Edge failed to deliver a defence to the court,

0:38:240:38:28

and in doing so, he effectively admitted the claim.

0:38:280:38:31

Now he has to pay Jim in full and cover his court fees

0:38:310:38:35

and if he doesn't, Jim can pass the claim on for enforcement.

0:38:350:38:40

Because Mr Edge didn't come up with the money,

0:38:400:38:43

any costs that I now incur by pursuing him

0:38:430:38:46

obviously get added onto his debt,

0:38:460:38:49

so I'm not going to lose any more money.

0:38:490:38:52

I remember even saying to him, "I'm going to go with you

0:38:520:38:55

"because you sound like a nice bloke and someone I can trust."

0:38:550:38:59

I just like, you know, rue the day I ever said that to him.

0:38:590:39:04

It's been really satisfying to actually stand up to Ben.

0:39:040:39:07

It's been an absolute ordeal.

0:39:070:39:10

We wrote to Ben Edge and he was apologetic about both Steve and Jim

0:39:100:39:14

but did point out that he had many happy customers.

0:39:140:39:17

He was starting up a new business as a sole trader

0:39:170:39:20

and a large commercial customer failed to pay an invoice, which created the problems.

0:39:200:39:25

He now intends to pay all his outstanding bills.

0:39:250:39:29

There have been developments in the case of Libby,

0:39:310:39:34

the horse that went missing while on loan.

0:39:340:39:36

Her owner, Mandy Everley, is trying to recover the value of the horse from Denise,

0:39:360:39:41

who she says broke their loan agreement

0:39:410:39:44

by giving the horse away.

0:39:440:39:46

Mandy's been in touch. Denise has filed the defence.

0:39:490:39:53

In it, she accepts that she signed a loan agreement,

0:39:530:39:56

but she denies that she gave the horse away without permission.

0:39:560:39:59

She also denies having the horse put to sleep.

0:39:590:40:02

The case will now go to trial.

0:40:020:40:06

I'm going to meet them beforehand to give them some last-minute words of advice.

0:40:080:40:12

-Right, well, the day's come and you're due in court.

-Yes.

0:40:120:40:17

-How do you feel about that?

-We've waited a long time for this now

0:40:170:40:21

and we just want to get it over and done with and, hopefully, get the right result.

0:40:210:40:25

-You've submitted all your evidence.

-I have.

-You've done everything you were supposed to do.

-Yes.

0:40:250:40:30

-And you've not received anything from the other side.

-No, I haven't.

0:40:300:40:33

They may find they're in some difficulty

0:40:330:40:35

if they've not served their evidence in time.

0:40:350:40:38

Mandy sent all the paperwork that she'll rely on in the hearing

0:40:380:40:42

to both Denise and the court,

0:40:420:40:44

but Denise hasn't sent Mandy or the court anything to support her defence,

0:40:440:40:49

meaning she can't now produce something new in the hearing.

0:40:490:40:53

They're claiming £300 for the value of the horse

0:40:530:40:56

and £100 for her bridle, reins and tack.

0:40:560:40:59

That's a total of £400.

0:40:590:41:01

Both Rosie and Mandy have waited a long time

0:41:010:41:04

for the chance to ask Denise what happened to their horse.

0:41:040:41:07

This is their case so I'm not going into court with them,

0:41:070:41:11

but after the hearing, I meet up to find out how it went.

0:41:110:41:16

Right, Mandy, what happened? How did you get on?

0:41:160:41:19

We won. We're really, really pleased.

0:41:190:41:22

It's took a long time, but we're really pleased.

0:41:220:41:24

-You are pleased about the outcome.

-Yes.

0:41:240:41:26

The judge awarded damages totalling £485.

0:41:260:41:32

The judge said that it was clear that, erm,

0:41:410:41:45

Denise had given the pony away when she wasn't hers to give away.

0:41:450:41:50

He didn't attribute malice to her particularly,

0:41:500:41:53

-he said that she'd been duped or conned...

-I see.

0:41:530:41:57

..but that she'd breached the agreement and given the pony away

0:41:570:42:01

when she wasn't hers to give.

0:42:010:42:03

We wrote to Denise after the case but she declined to make any comment.

0:42:030:42:08

-Are you glad that you pursued it?

-Yes, we are now.

0:42:080:42:10

We're just really pleased with the outcome.

0:42:100:42:13

We can draw a line under it now and we feel we've done a little bit of justice for Libby.

0:42:130:42:18

Getting justice is what this is about.

0:42:200:42:23

For Mandy and Rosie, I don't think money was ever the issue,

0:42:230:42:26

but by going to court and having their case heard in front of a judge,

0:42:260:42:30

they feel they've got justice for their horse.

0:42:300:42:33

And Jim Scott feels he's got justice by standing up and making his claim.

0:42:330:42:38

They both won their cases and now they can move on.

0:42:380:42:43

It isn't easy going to court and there's no guarantee of success,

0:42:430:42:47

but the courts are there for us all, to give everyone the chance of justice,

0:42:470:42:51

just like Rosie, Mandy and Jim.

0:42:510:42:54

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