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I've had an interesting life - | 0:00:02 | 0:00:03 | |
coalminer, forklift truck driver, | 0:00:03 | 0:00:07 | |
bricklayer, factory production line worker, | 0:00:07 | 0:00:10 | |
fireman... | 0:00:10 | 0:00:12 | |
I've lived rough on the streets of London and Paris. | 0:00:12 | 0:00:16 | |
But now I've got a new job. | 0:00:17 | 0:00:21 | |
As a Queen's Counsel barrister, I know the law inside-out. | 0:00:21 | 0:00:26 | |
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 that the world can be a tough place. | 0:00:33 | 0:00:38 | |
At some points, we've all felt ripped off, cheated or conned. | 0:00:39 | 0:00:44 | |
It's frustrating, costly and stressful. | 0:00:44 | 0:00:48 | |
But I know consumers can fight back and get justice. | 0:00:48 | 0:00:53 | |
I'm not here to represent anyone, | 0:00:53 | 0:00:55 | |
but what I want is to empower you | 0:00:55 | 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 homeowner in Wales | 0:01:04 | 0:01:07 | |
deal with a dispute over some specially-made kitchen worktops. | 0:01:07 | 0:01:10 | |
It's just so, so below standard that I'd be ashamed to fit it. | 0:01:10 | 0:01:15 | |
But first, I'm in Leicestershire with a mother and daughter | 0:01:15 | 0:01:18 | |
who are trying to find out what happened to their horse. | 0:01:18 | 0:01:22 | |
She basically gave her away. | 0:01:22 | 0:01:24 | |
I'm going to help 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 | |
Over three and half million people regularly ride horses in the UK, | 0:01:35 | 0:01:40 | |
and Mandy Everley's daughters are two of them. | 0:01:40 | 0:01:44 | |
My name is Mandy. I have two children, Rosie and Holly. | 0:01:44 | 0:01:48 | |
Rosie is 23 in a couple of weeks | 0:01:48 | 0:01:51 | |
and Holly is 20. | 0:01:51 | 0:01:54 | |
Both of Mandy's daughters loved horse-riding from an early age. | 0:01:54 | 0:01:58 | |
Come on! Good girl! | 0:01:58 | 0:02:01 | |
At the moment, we've got one pony, called Penny. | 0:02:01 | 0:02:06 | |
I've had a lot of fun with them. | 0:02:06 | 0:02:08 | |
They've been part of my life for a long time. | 0:02:08 | 0:02:12 | |
What are they doing? | 0:02:12 | 0:02:14 | |
Come on. Good girl. | 0:02:14 | 0:02:17 | |
Rosie's favourite pony was called Libby | 0:02:19 | 0:02:22 | |
and the two were inseparable. | 0:02:22 | 0:02:24 | |
We bought Libby when I was 14. She was a real character. | 0:02:24 | 0:02:30 | |
We won quite a few trophies in our local shows | 0:02:30 | 0:02:33 | |
and genuinely had quite a lot of fun together. | 0:02:33 | 0:02:36 | |
When Rosie went away to university, | 0:02:36 | 0:02:39 | |
they decided it would be better for the horse | 0:02:39 | 0:02:42 | |
if they could find a more active rider who could take her on loan. | 0:02:42 | 0:02:46 | |
She was still a very active horse | 0:02:47 | 0:02:49 | |
and I do think that she missed being ridden. | 0:02:49 | 0:02:54 | |
Horse-loaning is very common. | 0:02:55 | 0:02:57 | |
An owner finds a new home for their horse, without actually selling it. | 0:02:57 | 0:03:01 | |
Sometimes, horses are loaned out for years. | 0:03:01 | 0:03:04 | |
Generally no money changes hands, unless there are vets bills to pay. | 0:03:04 | 0:03:08 | |
Mandy found someone who wanted to take the horse. | 0:03:08 | 0:03:11 | |
Both parties signed the agreement, which said that the horse would always be Mandy's property | 0:03:11 | 0:03:17 | |
and would be returned to her whenever she asked for it. | 0:03:17 | 0:03:21 | |
Libby was very happy in her new home, | 0:03:22 | 0:03:25 | |
but as she got older, it became clear she needed to retire and live as a companion horse, | 0:03:25 | 0:03:30 | |
where there was no pressure for her to be ridden. | 0:03:30 | 0:03:33 | |
We'd actually found someone who was looking for a companion horse at the time. | 0:03:33 | 0:03:38 | |
This was a lady in Telford. | 0:03:38 | 0:03:40 | |
Another loan agreement was made with the new keeper, Denise from Telford. | 0:03:40 | 0:03:46 | |
Mandy and Rosie went to visit their horse in her new home | 0:03:46 | 0:03:49 | |
and were delighted to see she was happy and well looked-after. | 0:03:49 | 0:03:52 | |
Everything was fine for the next few months, | 0:03:52 | 0:03:55 | |
until Mandy received a phone call. | 0:03:55 | 0:03:58 | |
I had a call from Denise saying that she was pregnant | 0:03:58 | 0:04:04 | |
and she couldn't keep Libby any longer while she was pregnant, | 0:04:04 | 0:04:08 | |
but that she had found Libby another home | 0:04:08 | 0:04:11 | |
with a lady called Rachel, from Chester. | 0:04:11 | 0:04:15 | |
Mandy asked Denise for the contact details of the woman from Chester | 0:04:15 | 0:04:19 | |
so she could draw up a new loan agreement. | 0:04:19 | 0:04:22 | |
I tried and tried and tried ringing the mobile number that I was given. | 0:04:22 | 0:04:28 | |
To start with, there was no answer, it just rang and rang, | 0:04:28 | 0:04:31 | |
and then after a while it was just discontinued. | 0:04:31 | 0:04:35 | |
I started to get a little bit worried at this point! | 0:04:39 | 0:04:43 | |
Mandy was now so worried | 0:04:43 | 0:04:45 | |
that she went back to ask what had happened to her horse. | 0:04:45 | 0:04:48 | |
The answer Denise gave her was a shock. | 0:04:48 | 0:04:52 | |
She didn't think we were that bothered with Libby | 0:04:54 | 0:04:56 | |
and basically gave her away. | 0:04:56 | 0:04:59 | |
Both mother and daughter were now frantic. | 0:04:59 | 0:05:02 | |
Their horse had disappeared. | 0:05:02 | 0:05:04 | |
They chased every lead and even placed "missing" posters on horse websites, | 0:05:04 | 0:05:08 | |
desperately hoping that someone might be able to help. | 0:05:08 | 0:05:12 | |
We didn't know where she was, | 0:05:12 | 0:05:15 | |
we didn't know, you know, what state she was, | 0:05:15 | 0:05:18 | |
we didn't know who'd got her, | 0:05:18 | 0:05:21 | |
we didn't know what she was being used for. We hadn't got a clue. | 0:05:21 | 0:05:26 | |
For a year, the two women tried everything to find their horse, | 0:05:26 | 0:05:30 | |
and while searching the National Equine Database | 0:05:30 | 0:05:33 | |
they received the worse news possible. | 0:05:33 | 0:05:37 | |
We discovered that she'd been registered as deceased. | 0:05:37 | 0:05:42 | |
They continued to investigate | 0:05:48 | 0:05:50 | |
and were shocked to discover that Libby had been slaughtered at an abattoir | 0:05:50 | 0:05:55 | |
only a few days after the date Denise had told them she'd given the horse away. | 0:05:55 | 0:06:00 | |
Someone had sold her to a horse dealer | 0:06:00 | 0:06:03 | |
and the horse dealer had taken her for meat, basically. I think that's what happened. | 0:06:03 | 0:06:08 | |
It's torn us apart, really. | 0:06:10 | 0:06:13 | |
Me and Libby spent a lot of time together. | 0:06:13 | 0:06:15 | |
I grew up, you know, through my teenage years with her. | 0:06:15 | 0:06:20 | |
There is an enormous amount of guilt, erm, on my shoulders | 0:06:20 | 0:06:25 | |
because I was the person who actually said, | 0:06:25 | 0:06:29 | |
"I think it's time to find Libby another home now." | 0:06:29 | 0:06:33 | |
If Denise had stuck to the agreement | 0:06:37 | 0:06:41 | |
and she genuinely couldn't keep her any more, | 0:06:41 | 0:06:44 | |
we would've had her back. | 0:06:44 | 0:06:46 | |
Mandy and Rosie now want to know why Denise ignored the terms of the loan agreement | 0:06:46 | 0:06:52 | |
and let the horse leave her care. | 0:06:52 | 0:06:55 | |
There is absolutely no reason to think that Denise is responsible for the horse being slaughtered, | 0:06:57 | 0:07:03 | |
but she did sign a contract with Mandy, | 0:07:03 | 0:07:05 | |
and when she let the horse out of her care, she breached that contract. | 0:07:05 | 0:07:09 | |
Mandy and Rosie have tried everything to try and find out what happened to their horse. | 0:07:09 | 0:07:14 | |
They even contacted the police, but they said it was a civil matter. | 0:07:14 | 0:07:17 | |
Well, they may not want to help but I do, | 0:07:17 | 0:07:20 | |
and I'll be meeting up with Mandy and her daughter later. | 0:07:20 | 0:07:23 | |
Situated at the farthest corner of South West Wales, | 0:07:28 | 0:07:32 | |
and exposed to everything that the Atlantic has to throw at it, is the town of Fishguard. | 0:07:32 | 0:07:37 | |
Someone who's quite at home in the outdoors is all-round handyman, | 0:07:37 | 0:07:41 | |
and, when it's not raining, tree surgeon Jim Scott. | 0:07:41 | 0:07:45 | |
Jim moved into this house with his wife and her four children | 0:07:46 | 0:07:50 | |
with the idea of turning it into a dream home, | 0:07:50 | 0:07:53 | |
finished exactly as they wanted. | 0:07:53 | 0:07:55 | |
We bought this house because it was an unfinished new-build | 0:07:55 | 0:07:58 | |
and it showed potential for a family home for us. | 0:07:58 | 0:08:03 | |
Jim is an experienced and skilled craftsman, | 0:08:03 | 0:08:05 | |
so he wanted to install his own dream kitchen. | 0:08:05 | 0:08:08 | |
First he chose the units, then the worktops. | 0:08:08 | 0:08:12 | |
I designed the kitchen myself. | 0:08:12 | 0:08:14 | |
I looked into a lot of different worktops | 0:08:14 | 0:08:16 | |
and eventually decided that Welsh slate would be a nice finish. | 0:08:16 | 0:08:20 | |
It's quite a contemporary look. | 0:08:20 | 0:08:23 | |
Welsh slate is a natural product with a smooth and waterproof surface, | 0:08:23 | 0:08:27 | |
usually quarried in the mountains of North Wales. | 0:08:27 | 0:08:30 | |
Large, unblemished slabs can be expensive and difficult to extract. | 0:08:30 | 0:08:35 | |
One of the major factors was how quickly we could get it, | 0:08:35 | 0:08:38 | |
because we had to get the house finished and we had to get moved into the house. | 0:08:38 | 0:08:43 | |
Jim found a company called Welsh Slate Products. | 0:08:44 | 0:08:47 | |
The pictures on their website were perfect and matched exactly what he was looking for. | 0:08:47 | 0:08:52 | |
The owner, Ben Edge, | 0:08:52 | 0:08:54 | |
promised to deliver within Jim's budget and, more importantly, on time. | 0:08:54 | 0:08:59 | |
Ben was very enthusiastic | 0:08:59 | 0:09:02 | |
about the fact that he could probably get it done in two weeks | 0:09:02 | 0:09:05 | |
and if not, definitely three to five weeks. | 0:09:05 | 0:09:08 | |
I was really pleased that someone could do it that quickly. | 0:09:08 | 0:09:11 | |
The order was for four worktops, | 0:09:11 | 0:09:13 | |
each carefully cut by Welsh Slate Products | 0:09:13 | 0:09:16 | |
to match Jim's designs. | 0:09:16 | 0:09:18 | |
Jim transferred £2,700, which included the cost of delivery, | 0:09:18 | 0:09:24 | |
but the slate failed to arrive. | 0:09:24 | 0:09:27 | |
Months and months later after initial payment, | 0:09:27 | 0:09:31 | |
finally, two of the pieces of slate were ready. | 0:09:31 | 0:09:34 | |
He sent me a photograph of those to show that they were ready. | 0:09:34 | 0:09:38 | |
Jim and his wife drove five hours to North Wales, | 0:09:38 | 0:09:41 | |
but when they got there Ben Edge told them the slate still wasn't finished. | 0:09:41 | 0:09:46 | |
They paid to spend two nights in a hotel, | 0:09:46 | 0:09:49 | |
and even then, they only left with half of their order. | 0:09:49 | 0:09:53 | |
More and more months went by. | 0:09:53 | 0:09:55 | |
I decided to give Ben a deadline, which was me and Jill getting married, | 0:09:55 | 0:10:02 | |
in the hope that it would spur him on. | 0:10:02 | 0:10:04 | |
He even said on the phone at one point, | 0:10:04 | 0:10:06 | |
"Let's get all this delivered within a year!" | 0:10:06 | 0:10:09 | |
More than 12 months since he placed the original order, | 0:10:09 | 0:10:12 | |
Jim returned to North Wales, spending the night in the back of his van this time. | 0:10:12 | 0:10:17 | |
He collected the rest of the slate, | 0:10:17 | 0:10:19 | |
but when he fitted it to his kitchen | 0:10:19 | 0:10:21 | |
he discovered it had been cut to different thicknesses and not to his specifications. | 0:10:21 | 0:10:27 | |
He's actually finished them to different thicknesses. | 0:10:28 | 0:10:32 | |
They don't actually match. | 0:10:32 | 0:10:34 | |
Ben Edge of Welsh Slate Products | 0:10:34 | 0:10:36 | |
did offer to give Jim some of his money back, | 0:10:36 | 0:10:39 | |
but it never materialised. | 0:10:39 | 0:10:42 | |
Ben actually rang and said, "I'm going to send £200," | 0:10:42 | 0:10:46 | |
and that was the last I heard of him. | 0:10:46 | 0:10:49 | |
We obviously haven't received any money. | 0:10:49 | 0:10:52 | |
Jim now wants Ben Edge to give him a refund | 0:10:52 | 0:10:55 | |
and cover all of the extra costs involved in collecting the slate. | 0:10:55 | 0:10:59 | |
The key word here is bespoke. | 0:11:02 | 0:11:04 | |
Jim's order wasn't off the shelf, it had to be especially made for him | 0:11:04 | 0:11:08 | |
and if what he ordered isn't what he got, | 0:11:08 | 0:11:10 | |
he's got a good case to ask for his money back. | 0:11:10 | 0:11:13 | |
I'll be seeing him later to work out how much he should ask for. | 0:11:13 | 0:11:17 | |
Now back to Leicestershire, | 0:11:21 | 0:11:23 | |
where Mandy Everley is trying to find out what happened to her horse that went missing while on loan. | 0:11:23 | 0:11:28 | |
Mandy and her daughter have since discovered the horse was slaughtered in an abattoir | 0:11:28 | 0:11:33 | |
just days after it went missing. | 0:11:33 | 0:11:37 | |
This really is a sad story. Mandy signed an agreement | 0:11:38 | 0:11:42 | |
which said her horse could not be given to someone else without her consent. | 0:11:42 | 0:11:45 | |
Unfortunately, that appears to be exactly what has happened. | 0:11:45 | 0:11:49 | |
The trouble is, no-one seems to be able to explain how or why. | 0:11:49 | 0:11:54 | |
I'm not here to take sides, | 0:11:59 | 0:12:01 | |
but Mandy and Rosie are entitled to know what happened to their horse, | 0:12:01 | 0:12:05 | |
and I'm hoping that with my help, they can get some answers | 0:12:05 | 0:12:09 | |
and then put this sad affair behind them. | 0:12:09 | 0:12:12 | |
-Hello! -Hi, Mandy. Gary Bell. -BOTH: Nice to meet you. -Come in! | 0:12:12 | 0:12:16 | |
I also want to clear up any confusion that they have about contract law. | 0:12:16 | 0:12:21 | |
One thing that has confused us a little bit in this has been that, | 0:12:21 | 0:12:27 | |
when I contacted the police, they did say that the loan agreement counted for nothing | 0:12:27 | 0:12:33 | |
because it wasn't overseen by a solicitor when it was signed. | 0:12:33 | 0:12:38 | |
Is that a necessary step that people should take? | 0:12:38 | 0:12:42 | |
I find it very odd that the police feel they're now experts in contract law. | 0:12:42 | 0:12:47 | |
No, it's absolute rubbish. | 0:12:47 | 0:12:49 | |
Apart from real property, all contracts are contracts, | 0:12:49 | 0:12:52 | |
whether they're written or verbal. Mandy's certainly was. | 0:12:52 | 0:12:57 | |
This was an agreement between you and Denise, signed by Denise, | 0:12:58 | 0:13:02 | |
-and it sets out all the terms of the loan. -BOTH: Yes. | 0:13:02 | 0:13:05 | |
It says, "Under no circumstances are you permitted to lease or sell the horse to any third parties | 0:13:05 | 0:13:10 | |
-"without consent from the owner." That would be you? -BOTH: Yes. | 0:13:10 | 0:13:14 | |
Do you know whether or not Denise sold this horse? | 0:13:14 | 0:13:19 | |
We don't know. | 0:13:19 | 0:13:20 | |
When was it that Denise called up | 0:13:20 | 0:13:23 | |
to say that she'd found somebody that could look after Libby, | 0:13:23 | 0:13:26 | |
called Rachel, in Chester? | 0:13:26 | 0:13:28 | |
It was early in February. | 0:13:28 | 0:13:30 | |
But on the 7th of February, | 0:13:30 | 0:13:31 | |
-you know that Libby was killed on that day. -Yes. | 0:13:31 | 0:13:35 | |
-Do you know where and how? -We know that the abattoir got her from a dealer, | 0:13:35 | 0:13:40 | |
but we haven't made a direct connection between the dealer and where he got Libby from. | 0:13:40 | 0:13:44 | |
-Right. -We've got a little piece of the jigsaw missing. -Yes. | 0:13:44 | 0:13:49 | |
Until we can find out who the dealer bought Libby from, no... | 0:13:49 | 0:13:55 | |
The dealer shouldn't have bought the horse | 0:13:55 | 0:13:58 | |
without checking that the person that bought it from | 0:13:58 | 0:14:00 | |
was the one who was registered as the owner on the passport, | 0:14:00 | 0:14:04 | |
and the abattoir shouldn't have taken the horse unless they'd made the same checks. | 0:14:04 | 0:14:08 | |
Mm. That's true. | 0:14:08 | 0:14:10 | |
This poor horse was let down three times. | 0:14:11 | 0:14:14 | |
The dealer didn't check who really owned her, | 0:14:14 | 0:14:17 | |
the abattoir did not check her passport | 0:14:17 | 0:14:19 | |
and Denise gave her away, in breach of the loan agreement. | 0:14:19 | 0:14:23 | |
Looking at the contract that Denise signed for the loan of Libby, | 0:14:23 | 0:14:28 | |
it's perfectly clear that she's breached the terms of that contract in a number of ways. | 0:14:28 | 0:14:33 | |
Whether she gave her away or whether she sold her | 0:14:33 | 0:14:36 | |
doesn't really matter. | 0:14:36 | 0:14:38 | |
She breached the terms of that contract | 0:14:38 | 0:14:40 | |
that Libby should've either gone to somebody on loan, with your permission, | 0:14:40 | 0:14:45 | |
or come back to you so you could look after her. | 0:14:45 | 0:14:48 | |
Libby was not her pony | 0:14:48 | 0:14:50 | |
and she didn't have the authority to do that with her. | 0:14:50 | 0:14:55 | |
So the action is against Denise for breach of contract. | 0:14:55 | 0:14:59 | |
How much would Libby have been worth, as a 24-year-old horse? | 0:14:59 | 0:15:03 | |
If I'd have sold her on - £300? Not much it all. | 0:15:03 | 0:15:06 | |
-And probably 100 for all of the kit. -Yeah, there was tack and kit that went with her. | 0:15:06 | 0:15:12 | |
So for the breach of contract that resulted in the death of their horse, | 0:15:12 | 0:15:17 | |
Rosie and Mandy will be claiming £300 for the value of the horse | 0:15:17 | 0:15:21 | |
and £100 for her bridle, reins and tack. | 0:15:21 | 0:15:24 | |
That's a total of £400. | 0:15:24 | 0:15:27 | |
This isn't about money. | 0:15:30 | 0:15:33 | |
This is about a devastating experience that you've suffered | 0:15:33 | 0:15:36 | |
as a result of Denise's actions. | 0:15:36 | 0:15:38 | |
Whatever she thinks about the loan agreement, | 0:15:38 | 0:15:41 | |
it's signed by her, it's witnessed | 0:15:41 | 0:15:44 | |
and it shows quite clearly that you're the owner. | 0:15:44 | 0:15:46 | |
The next thing we need to do is to write a Letter Before Action to Denise. | 0:15:46 | 0:15:51 | |
A Letter Before Action is the first step you must take when you're making a claim. | 0:15:53 | 0:15:57 | |
We need Denise to understand that there was a contract between them and it was binding. | 0:15:57 | 0:16:03 | |
It clearly stated that the horse was not hers to sell or give away. | 0:16:03 | 0:16:06 | |
She must now pay for the loss because she let the horse go without permission. | 0:16:06 | 0:16:11 | |
We should also set a time limit of 14 days, | 0:16:13 | 0:16:16 | |
giving Denise every opportunity to resolve the issue. | 0:16:16 | 0:16:20 | |
Let's hope that when Denise receives this letter, | 0:16:20 | 0:16:23 | |
she'll begin to realise the enormity of what she's done | 0:16:23 | 0:16:26 | |
and she'll have to pay a small amount of money, | 0:16:26 | 0:16:28 | |
but at least that will show that what she did was very wrong. | 0:16:28 | 0:16:33 | |
Hopefully, it will stop other people from doing the same in the future. | 0:16:33 | 0:16:36 | |
Hopefully, that will be the case. | 0:16:36 | 0:16:38 | |
What do you think now, when you think back to Libby and how she ended up? | 0:16:38 | 0:16:41 | |
I don't think she deserved what she got. She'd, erm... | 0:16:41 | 0:16:46 | |
She'd done a lot in her life. She, erm... | 0:16:46 | 0:16:49 | |
She used to jump professionally before we had her | 0:16:49 | 0:16:52 | |
and, erm... | 0:16:52 | 0:16:54 | |
I just... I don't think she deserved it. | 0:16:56 | 0:16:59 | |
This case isn't really about compensation | 0:17:04 | 0:17:07 | |
but, sadly, going to court may be the only way Mandy can get Denise to respond | 0:17:07 | 0:17:12 | |
and help her fill in the final piece of the mystery | 0:17:12 | 0:17:15 | |
of what happened to her daughter's horse. | 0:17:15 | 0:17:19 | |
Jim Scott thought that he was ordering some finely-crafted Welsh slate worktops | 0:17:23 | 0:17:26 | |
for his newly-built kitchen. | 0:17:26 | 0:17:29 | |
After waiting more than a year for them to be delivered, | 0:17:29 | 0:17:32 | |
he got fed up and collected them, | 0:17:32 | 0:17:34 | |
only to discover that they didn't match the order he'd agreed to pay for. | 0:17:34 | 0:17:40 | |
Jim's worktops are a bespoke product, | 0:17:40 | 0:17:43 | |
made-to-measure for his kitchen. | 0:17:43 | 0:17:45 | |
Consumer law around distance selling and bespoke products | 0:17:45 | 0:17:48 | |
is slightly different than buying things off the shelf, | 0:17:48 | 0:17:51 | |
but the basic principle is the same - you should get what you pay for. | 0:17:51 | 0:17:54 | |
As long as both buyer and seller are clear about what is expected, | 0:17:54 | 0:17:58 | |
that is what should be delivered. | 0:17:58 | 0:18:01 | |
So far, Jim has had no luck getting any of his money back. | 0:18:02 | 0:18:06 | |
Hopefully, I can help him work out what he should claim and how to get it. | 0:18:06 | 0:18:11 | |
-Jim. -Hi. -Gary Bell. | 0:18:13 | 0:18:15 | |
-Pleased to meet you. -Shall we go and look at that kitchen? -Please come in. | 0:18:15 | 0:18:19 | |
These two worktop surfaces are completely different thicknesses. | 0:18:24 | 0:18:28 | |
This piece actually was five mil too long. | 0:18:28 | 0:18:31 | |
This piece was delivered months before that one. | 0:18:31 | 0:18:34 | |
This has a pencil-edge finish, whereas this has a bevel edge. | 0:18:34 | 0:18:39 | |
They just don't match at all. | 0:18:39 | 0:18:41 | |
-Had you given precise measurements and thickness requirements? -Absolutely. | 0:18:41 | 0:18:45 | |
I gave exact measurements and details, completely and utterly precise measurements. | 0:18:45 | 0:18:50 | |
There's a cut in the middle of that piece of slate for the sink. | 0:18:50 | 0:18:54 | |
That came as it was. | 0:18:54 | 0:18:56 | |
-Is that satisfactory? -Er, no. | 0:18:56 | 0:19:00 | |
-Is it supposed to have these big white stripes in it? -No. | 0:19:00 | 0:19:03 | |
-I notice this edge, as well, is very sharp. Did you do that? -No. | 0:19:03 | 0:19:08 | |
Then you've got upstands, as well, which were part of the price, | 0:19:08 | 0:19:11 | |
-they're the pieces at the back. -That's right. -Were they OK? | 0:19:11 | 0:19:15 | |
They're actually a different height, roughly 100 mil, | 0:19:15 | 0:19:18 | |
so they didn't match up either. | 0:19:18 | 0:19:21 | |
It's just so, you know, below standard | 0:19:21 | 0:19:23 | |
that any kitchen fitter would be ashamed to fit it. | 0:19:23 | 0:19:27 | |
-They do say that the cobbler's kids are always the worst clod. -Yeah. | 0:19:27 | 0:19:31 | |
So all in all, are you happy with your four slate surfaces? | 0:19:31 | 0:19:34 | |
No, not at all, no! | 0:19:34 | 0:19:36 | |
I don't see any reason why you shouldn't get the kitchen that you paid for | 0:19:36 | 0:19:41 | |
and as you haven't, get it from somebody else | 0:19:41 | 0:19:44 | |
who will do it to the right specifications and within the right timeframe | 0:19:44 | 0:19:48 | |
and get your money back from Mr Edge. | 0:19:48 | 0:19:51 | |
Well, that would certainly be something, yeah. | 0:19:51 | 0:19:54 | |
And when you get the new kitchen, you can fit it and send this slate back, | 0:19:54 | 0:19:57 | |
or you can make him come and collect it, maybe sleep in his van. | 0:19:57 | 0:20:01 | |
HE CHUCKLES Yeah! Yeah. | 0:20:01 | 0:20:03 | |
Well, let's see if we can go and get your money back. | 0:20:03 | 0:20:06 | |
Because Jim's worktops are not what he ordered or paid for, | 0:20:06 | 0:20:09 | |
he has a good case for a refund. | 0:20:09 | 0:20:11 | |
I'm going to help him work out what he can ask for | 0:20:11 | 0:20:14 | |
so we can set it out in a Letter Before Action. | 0:20:14 | 0:20:17 | |
-Petrol money? -The first time we drove up, | 0:20:17 | 0:20:19 | |
it cost about £80 in petrol money and we had to stay in a hotel. | 0:20:19 | 0:20:23 | |
£80. Hotel... How much did you pay for the hotel? | 0:20:23 | 0:20:27 | |
The hotel was another £150. | 0:20:27 | 0:20:29 | |
Two nights in a hotel, petrol money. | 0:20:29 | 0:20:31 | |
We won't worry about you having to eat out and subsistence costs. We'll leave that, shall we? | 0:20:31 | 0:20:36 | |
That might be a bit remote. | 0:20:36 | 0:20:37 | |
-And then the second trip? -The second time I had to drive up, I was in the van | 0:20:37 | 0:20:42 | |
so it cost a bit more, about £100 in diesel. | 0:20:42 | 0:20:45 | |
-No hotel bill because you slept in the van, which you can't get compensation for. -No. | 0:20:45 | 0:20:49 | |
-But it's a pain. -Yes. | 0:20:49 | 0:20:52 | |
I think that Jim can ask for any costs that can he directly attribute to Ben Edge, | 0:20:52 | 0:20:56 | |
but I always think it's best to add only the larger, basic costs. | 0:20:56 | 0:21:01 | |
And of course, you've ended up with kitchen work surfaces which are not fit for purpose | 0:21:03 | 0:21:08 | |
and you'd like your money back for those of £2,700. | 0:21:08 | 0:21:11 | |
And then, obviously time off work, how many days off work? | 0:21:11 | 0:21:14 | |
It was three in total, yeah. | 0:21:14 | 0:21:17 | |
And what would that cost? | 0:21:17 | 0:21:19 | |
In reality, I would've been earning about £120 a day, so... | 0:21:19 | 0:21:23 | |
We'll put £360 down. | 0:21:23 | 0:21:25 | |
-That's reflected in your accounts, we can see that that's what you earn a day? -Yeah. | 0:21:25 | 0:21:31 | |
£180 for the petrol, | 0:21:31 | 0:21:34 | |
150 for the hotel, | 0:21:34 | 0:21:35 | |
a grand total of... | 0:21:35 | 0:21:39 | |
Well, there's my maths. | 0:21:39 | 0:21:41 | |
What Jim is actually claiming from Welsh Slate Products is... | 0:21:43 | 0:21:47 | |
..and a total of £531 for the other expenses he's had to pay | 0:21:52 | 0:21:56 | |
in order to collect the slate that was supposed to be delivered. | 0:21:56 | 0:22:00 | |
That's a total of £3,265. | 0:22:00 | 0:22:04 | |
Jim needs to set all this out in his Letter Before Action | 0:22:05 | 0:22:08 | |
and send it off to Ben Edge. | 0:22:08 | 0:22:10 | |
-Let's post it, then. This should be the first step in you getting your money back. -Yes. | 0:22:10 | 0:22:16 | |
My name is Gary Bell | 0:22:18 | 0:22:20 | |
and as QC, I spend most of my working life dealing with major court cases. | 0:22:20 | 0:22:26 | |
But I haven't always been a barrister, | 0:22:26 | 0:22:28 | |
I've known some tough times, | 0:22:28 | 0:22:30 | |
and now I want to use my knowledge of the law to help others. | 0:22:30 | 0:22:34 | |
I want to show you how you can use the courts to recover your money. | 0:22:34 | 0:22:39 | |
Mandy Everley is trying to recover the value of her daughter's horse, Libby, | 0:22:44 | 0:22:48 | |
which went missing whilst out on loan. | 0:22:48 | 0:22:50 | |
The new keeper breached the loan agreement by passing her on without permission | 0:22:50 | 0:22:55 | |
and, sadly, the horse was later slaughtered in an abattoir. | 0:22:55 | 0:23:00 | |
Poor old Libby. The loan agreement Mandy signed | 0:23:00 | 0:23:03 | |
was there to make sure that this sort of thing didn't happen. | 0:23:03 | 0:23:06 | |
Contract law is a specialist area but, in essence, it's very simple - | 0:23:06 | 0:23:10 | |
if you make an agreement, you should stick to it. | 0:23:10 | 0:23:13 | |
Even without a written contract, | 0:23:13 | 0:23:15 | |
a verbal agreement can still be legally binding. | 0:23:15 | 0:23:19 | |
This is Anabel Jay. | 0:23:25 | 0:23:27 | |
She loaned out her horse on the strength of a verbal contract | 0:23:27 | 0:23:31 | |
and had to use the threat of legal action to get it back. | 0:23:31 | 0:23:35 | |
Anabel is part of a program | 0:23:37 | 0:23:39 | |
that maintains the bloodline of a rare variety of Spanish horse. | 0:23:39 | 0:23:43 | |
When things got busy at home, she decided to take a break from horse breeding | 0:23:43 | 0:23:48 | |
and loaned out her prize-breeding mare Chimene to a couple she knew. | 0:23:48 | 0:23:53 | |
It was a temporary loan and all went well at first. | 0:23:53 | 0:23:57 | |
But when Anabel decided it was time to go back to horse breeding, | 0:23:59 | 0:24:04 | |
she asked for her horse to be returned. | 0:24:04 | 0:24:07 | |
I didn't get her back. | 0:24:07 | 0:24:09 | |
They started not responding or hanging up. | 0:24:09 | 0:24:13 | |
When I did get hold of his wife, | 0:24:13 | 0:24:16 | |
she came out with some comment that it was her horse | 0:24:16 | 0:24:19 | |
and she was keeping her and I couldn't have her back. | 0:24:19 | 0:24:23 | |
Anabel contacted the police. Initially, they were helpful. | 0:24:23 | 0:24:27 | |
We went with the horsebox to get my horse back. | 0:24:27 | 0:24:30 | |
The police, at the last minute, pulled out | 0:24:30 | 0:24:33 | |
and decided that it wasn't their business, I'd got to deal with it through the courts. | 0:24:33 | 0:24:37 | |
Anabel now had to prove the horse was hers. | 0:24:37 | 0:24:41 | |
She asked a solicitor who specialised in horse ownership to help, | 0:24:41 | 0:24:45 | |
and simply the threat of legal action got results. | 0:24:45 | 0:24:47 | |
They hadn't reckoned I would seriously go to a lawyer. | 0:24:47 | 0:24:52 | |
As it was, for some reason, they suddenly agreed. | 0:24:52 | 0:24:56 | |
Their lawyer, I think, had made it quite clear to them | 0:24:56 | 0:24:59 | |
that the horse was not for sale, they'd got to give it back. | 0:24:59 | 0:25:03 | |
Chimene came home | 0:25:03 | 0:25:05 | |
and last year gave birth to a young colt, | 0:25:05 | 0:25:07 | |
who can carry on the bloodline. | 0:25:07 | 0:25:10 | |
This is Valiente! | 0:25:10 | 0:25:13 | |
Anabel got her horse back because she was able to show that she still owned it. | 0:25:22 | 0:25:26 | |
A written loan agreement would've set this out from the start and made things more clear. | 0:25:26 | 0:25:31 | |
But even if you sign an agreement, | 0:25:31 | 0:25:32 | |
it's important to make sure that the person you sign it with is who they say they are. | 0:25:32 | 0:25:37 | |
-This is Emma Hitchcox. -I absolutely love horses. I've done it since I was, | 0:25:42 | 0:25:47 | |
well, as long as I can remember, I've loved animals and horses. | 0:25:47 | 0:25:51 | |
Emma has owned lots of horses | 0:25:51 | 0:25:53 | |
and two of her favourites are Lady and Gwendolyn. | 0:25:53 | 0:25:56 | |
In 2008, Emma needed to find a temporary home for both horses. | 0:25:56 | 0:26:01 | |
She was contacted by a woman who said she needed some companion horses | 0:26:01 | 0:26:04 | |
for her own pony. | 0:26:04 | 0:26:06 | |
When the lady first came to see Gwendolyn and Lady, she was absolutely lovely. | 0:26:06 | 0:26:10 | |
She couldn't have been kinder. | 0:26:10 | 0:26:13 | |
But Emma had no idea | 0:26:17 | 0:26:19 | |
that the woman eyeing her horses had other plans. | 0:26:19 | 0:26:23 | |
Emma was so convinced by her that she signed a loan agreement on the spot | 0:26:29 | 0:26:34 | |
and allowed her to take her horses away. | 0:26:34 | 0:26:37 | |
For two weeks, she received texts and picture messages from the woman | 0:26:37 | 0:26:40 | |
showing her horses happy in their new home. | 0:26:40 | 0:26:44 | |
Emma decided to pay them a visit. | 0:26:44 | 0:26:47 | |
When we got to the address, | 0:26:49 | 0:26:51 | |
the lady answered and there didn't appear to be any horses in the field. | 0:26:51 | 0:26:55 | |
I asked her where the horses were and she said she'd never heard of the lady, | 0:26:55 | 0:26:59 | |
there'd never been any horses at this address and she'd lived here her whole life. | 0:26:59 | 0:27:04 | |
Emma was frantic | 0:27:04 | 0:27:05 | |
and started to search for answers. | 0:27:05 | 0:27:08 | |
I was filled with absolute dread at the time. | 0:27:08 | 0:27:12 | |
I felt sick to my stomach. | 0:27:12 | 0:27:15 | |
When I typed her mobile number into Google, | 0:27:15 | 0:27:18 | |
I was shocked to find lots of adverts on horse-for-sale websites, | 0:27:18 | 0:27:23 | |
with pony and horses listed for sale, | 0:27:23 | 0:27:26 | |
and I then panicked. | 0:27:26 | 0:27:29 | |
Emma now realised that she'd been conned. | 0:27:29 | 0:27:33 | |
The name on the loan agreement was a fake. | 0:27:33 | 0:27:35 | |
She had no idea where her horses were | 0:27:35 | 0:27:38 | |
and she started to fear the worst. | 0:27:38 | 0:27:42 | |
My mother called round all the abattoirs in the UK | 0:27:44 | 0:27:48 | |
and, after much persuasion... | 0:27:48 | 0:27:52 | |
..one of the abattoirs said, "We believe your horse came through." | 0:27:53 | 0:27:57 | |
The abattoir had slaughtered both Lady and Gwendolyn. | 0:27:58 | 0:28:03 | |
I cried myself to sleep for months and months. | 0:28:06 | 0:28:09 | |
I was absolutely distraught. I didn't know what to do with myself. | 0:28:09 | 0:28:14 | |
I couldn't believe anyone could take something that someone loved so dearly, | 0:28:14 | 0:28:18 | |
take that animal and send it to a slaughterhouse. | 0:28:18 | 0:28:22 | |
Emma now realised that this wasn't the first time | 0:28:23 | 0:28:26 | |
the woman who signed the agreement had used this fake name. | 0:28:26 | 0:28:30 | |
We've discovered that she's done it to numerous people, | 0:28:32 | 0:28:35 | |
before and after us. | 0:28:35 | 0:28:38 | |
I never got over it. And to this day now, | 0:28:40 | 0:28:42 | |
I still haven't got over what happened to my girls. | 0:28:42 | 0:28:46 | |
There are clearly some people who take horses on a regular basis | 0:28:51 | 0:28:55 | |
and are then making money by selling them to an abattoir. | 0:28:55 | 0:28:59 | |
There is absolutely no suggestion that the case of Mandy's horse | 0:29:01 | 0:29:04 | |
is anything other than a one-off, tragic occurrence, | 0:29:04 | 0:29:09 | |
but as these other cases show, | 0:29:09 | 0:29:11 | |
it's important not only to have a written agreement | 0:29:11 | 0:29:13 | |
but to check out thoroughly the person that is taking your horse. | 0:29:13 | 0:29:17 | |
A contract is only as good as the person who signs it. | 0:29:17 | 0:29:20 | |
I'll be visiting Mandy later to see if she's had a reply to her Letter Before Action. | 0:29:20 | 0:29:26 | |
Jim Scott paid for natural slate worktops from North Wales | 0:29:28 | 0:29:32 | |
but after a year of waiting for them to be delivered, he collected them himself. | 0:29:32 | 0:29:37 | |
He then discovered that not only was the slate not cut to his specifications, | 0:29:38 | 0:29:42 | |
it wasn't at the high quality he'd paid for. | 0:29:42 | 0:29:45 | |
Jim has now written to the company asking for a refund | 0:29:45 | 0:29:49 | |
and he's waiting for a reply. | 0:29:49 | 0:29:52 | |
Jim ordered a bespoke product made from natural materials. | 0:29:52 | 0:29:56 | |
If the case goes all the way to court, | 0:29:56 | 0:29:58 | |
the supplier may well argue that there are going to be blemishes and imperfections, | 0:29:58 | 0:30:02 | |
it's natural stone! | 0:30:02 | 0:30:04 | |
I want to be absolutely certain that Jim's argument is watertight. | 0:30:04 | 0:30:09 | |
I've sent photos of his slate to be looked at | 0:30:10 | 0:30:13 | |
by cut-stone expert Barry Hunt. | 0:30:13 | 0:30:17 | |
Here is the photograph of the kitchen sink. | 0:30:23 | 0:30:25 | |
There are lots of problems with this | 0:30:25 | 0:30:27 | |
where they've cut out a section of the stone really... | 0:30:27 | 0:30:31 | |
..to fit the sink into. | 0:30:31 | 0:30:34 | |
What we've got in the top corner here is a very incorrect circular cut, | 0:30:34 | 0:30:41 | |
which just doesn't match the sink at all. | 0:30:41 | 0:30:44 | |
That's one of the worst cuts I've seen in quite a while. | 0:30:44 | 0:30:48 | |
The next photograph I'm looking at is actually of... | 0:30:49 | 0:30:53 | |
..the sides of the two of the panels that we received by Jim | 0:30:53 | 0:30:58 | |
and on the left side, we have one that's three or four millimetres thicker | 0:30:58 | 0:31:02 | |
than the one on the right-hand side. | 0:31:02 | 0:31:05 | |
This third photograph is of two pieces of stone, | 0:31:06 | 0:31:10 | |
which apparently arrived separately. | 0:31:10 | 0:31:13 | |
The fact is, both edges are quite different and it shows up very dramatically. | 0:31:13 | 0:31:18 | |
It's something very basic that just shouldn't be allowed with any natural stone product. | 0:31:18 | 0:31:23 | |
It certainly looked like... | 0:31:25 | 0:31:28 | |
..there were three, four, five major things not right. | 0:31:28 | 0:31:33 | |
It's as simple as that. | 0:31:33 | 0:31:35 | |
It looks like Jim has a strong case. | 0:31:35 | 0:31:38 | |
And he's not alone in having problems with Ben Edge and Welsh Slate Products. | 0:31:38 | 0:31:43 | |
Steven Cooper from Sandbach in Cheshire | 0:31:46 | 0:31:49 | |
wanted to landscape his garden with a lawn and a large pond, surrounded by walls and paving. | 0:31:49 | 0:31:55 | |
The search for stone led Steven to Ben Edge | 0:31:55 | 0:31:58 | |
and his company Welsh Slate Products. | 0:31:58 | 0:32:02 | |
He had quite a good internet site. He seemed to have all the pictures. | 0:32:02 | 0:32:06 | |
He showed us some samples he'd got of the slate walling and paving. | 0:32:06 | 0:32:12 | |
He seemed very keen to do business | 0:32:12 | 0:32:14 | |
so we were quite happy to go ahead with that. | 0:32:14 | 0:32:17 | |
Steven ordered 37 square metres of slate paving and walling | 0:32:17 | 0:32:22 | |
and paid upfront for the materials and transport. | 0:32:22 | 0:32:25 | |
But months passed before any slate arrived... | 0:32:25 | 0:32:29 | |
..and when it did, it was neither the amount nor the quality that had been paid for. | 0:32:31 | 0:32:36 | |
We paid £2,035, | 0:32:36 | 0:32:39 | |
plus a little bit extra for the delivery. | 0:32:39 | 0:32:42 | |
We ordered 37 square metres | 0:32:42 | 0:32:44 | |
and he's delivered 14 of those. | 0:32:44 | 0:32:47 | |
Just over half the slate Steven paid for was delivered | 0:32:47 | 0:32:51 | |
and he made a court claim against Ben Edge and won his case. | 0:32:51 | 0:32:55 | |
In the meantime, he's finished his project with stone from another supplier. | 0:32:55 | 0:33:00 | |
Eventually, once we'd saved up some money again, we went to another slate supplier. | 0:33:00 | 0:33:05 | |
We went with the same specification, | 0:33:05 | 0:33:07 | |
and everything they supplied was just better quality, it was delivered on time. | 0:33:07 | 0:33:11 | |
It was just a better experience all round. | 0:33:11 | 0:33:14 | |
For whatever reason, Ben Edge seems to have had difficulty delivering on time, if at all. | 0:33:15 | 0:33:20 | |
He has, however, replied to Jim's Letter Before Action | 0:33:20 | 0:33:24 | |
saying if Jim returns the slate, he'll return the money. | 0:33:24 | 0:33:27 | |
But Jim made it clear that the money must be returned first, | 0:33:27 | 0:33:32 | |
which, so far, it hasn't. | 0:33:32 | 0:33:34 | |
The 14-day-deadline is up and Ben Edge hasn't paid. | 0:33:37 | 0:33:40 | |
Jim really has no other choice but to take him to court. | 0:33:40 | 0:33:45 | |
Right, Jim, he's had his two weeks. Has he paid up? | 0:33:46 | 0:33:49 | |
Er, no, he hasn't. | 0:33:49 | 0:33:51 | |
And you said to him, "14 days, | 0:33:51 | 0:33:53 | |
-"and if you don't pay the money, I'll take you to court." -Yes. | 0:33:53 | 0:33:56 | |
So now the only option you've got is to take him to court. | 0:33:56 | 0:33:59 | |
As with all court forms, it's a good idea to keep things as simple as possible. | 0:33:59 | 0:34:05 | |
The claimant is you, Jim Scott. | 0:34:06 | 0:34:09 | |
-Is it Jim or James? -Er, James. -James Scott. | 0:34:09 | 0:34:13 | |
Then it's the defendant, Ben Edge, in person because he's not a limited company. | 0:34:13 | 0:34:18 | |
Next are the brief details of the claim. | 0:34:18 | 0:34:20 | |
Here is where Jim can explain what problems there are with the goods that have been supplied. | 0:34:20 | 0:34:25 | |
We've got the edging, the upstands being different heights, | 0:34:25 | 0:34:30 | |
we've got the poor finish on the corners... | 0:34:30 | 0:34:33 | |
-The white stripes. -The white stripes running throughout them... | 0:34:33 | 0:34:36 | |
It's like the Generation Game, isn't it? Cuddly toy... | 0:34:36 | 0:34:39 | |
Once we'd managed to remember all the problems, | 0:34:39 | 0:34:42 | |
Jim also needs to show how he's worked out what he's owed, | 0:34:42 | 0:34:45 | |
proving that he spent money on fuel, accommodation and extra materials. | 0:34:45 | 0:34:51 | |
And you put your full name in here, and signed by you. Just sign that. | 0:34:51 | 0:34:57 | |
-Are you happy to do this, Jim? -Absolutely. | 0:34:57 | 0:34:59 | |
You appreciate the cost involved in taking somebody to court? | 0:34:59 | 0:35:02 | |
I do, but if we can get some compensation | 0:35:02 | 0:35:05 | |
from such a nightmare, financially, | 0:35:05 | 0:35:08 | |
and all the stress he's caused, then it'll be a good thing. | 0:35:08 | 0:35:12 | |
Right, just sign there. | 0:35:12 | 0:35:15 | |
Because Ben failed to pay up, | 0:35:15 | 0:35:17 | |
Jim's done what he said he would and taken him to court. | 0:35:17 | 0:35:21 | |
If he's supplied Jim with the slate he'd ordered in the first place, Ben could've avoided all this. | 0:35:21 | 0:35:26 | |
Now he can explain himself to the judge. | 0:35:26 | 0:35:31 | |
Back now to the case of Mandy, | 0:35:37 | 0:35:39 | |
who is trying to recover the value of her daughter's horse that went missing while on loan. | 0:35:39 | 0:35:44 | |
Unfortunately, the woman who was looking after the horse, Denise, | 0:35:44 | 0:35:47 | |
broke the contract and gave the horse away. | 0:35:47 | 0:35:51 | |
Mandy sent a Letter Before Action and Denise hasn't replied. | 0:35:51 | 0:35:54 | |
The only option she has now is to take her to court. | 0:35:54 | 0:35:59 | |
We haven't heard back from Denise. | 0:36:00 | 0:36:03 | |
-No. -So the only option available now is to take her to court. | 0:36:03 | 0:36:07 | |
-Yes. -Are you prepared to do that? -Yes, I am. | 0:36:07 | 0:36:10 | |
I want some form of redress for what happened to Libby. | 0:36:10 | 0:36:13 | |
I do feel that wrongdoing has been done here, | 0:36:13 | 0:36:17 | |
erm, to Libby and my daughter and myself. | 0:36:17 | 0:36:22 | |
I do want to find out the truth | 0:36:22 | 0:36:25 | |
and I want someone to have to pay for what's happened to Libby, really. | 0:36:25 | 0:36:30 | |
What we have to do is set out our argument in the claim form. | 0:36:30 | 0:36:33 | |
-Right. -It's a small claim. | 0:36:33 | 0:36:36 | |
We need to start Mandy's claim by filling in a form. | 0:36:36 | 0:36:39 | |
You can find them online at your local court or a Citizens Advice Bureau. | 0:36:39 | 0:36:44 | |
What we need to do in the Brief Details of Claim | 0:36:44 | 0:36:47 | |
is to let the judge see immediately what the problem is. | 0:36:47 | 0:36:50 | |
Mandy must say that she loaned her horse to Denise with a written agreement | 0:36:50 | 0:36:54 | |
and that Denise gave the horse away without first asking for permission. | 0:36:54 | 0:36:58 | |
The horse was then slaughtered in an abattoir. | 0:36:58 | 0:37:00 | |
The value of the horse will be estimated at £300 | 0:37:00 | 0:37:04 | |
and £100 for bridle, saddle and reins. | 0:37:04 | 0:37:07 | |
There's a court fee of £50 which can be added. | 0:37:07 | 0:37:09 | |
The total claim is therefore £450. | 0:37:09 | 0:37:14 | |
This is a very unusual type of case because it's not about money, | 0:37:14 | 0:37:18 | |
-it's not about making people pay for what they've taken or destroyed. -Yes. | 0:37:18 | 0:37:22 | |
It's about trying to get Denise to face up to the enormity of what she's done. | 0:37:22 | 0:37:28 | |
-Well, here's the letter for the court. -Thank you. | 0:37:28 | 0:37:31 | |
So in the postbox and that'll be that. | 0:37:31 | 0:37:34 | |
I have no idea how it is that Libby moved from the field that she was living in with Denise, | 0:37:35 | 0:37:41 | |
only Denise knows that, | 0:37:41 | 0:37:42 | |
but, hopefully, in court she can explain herself | 0:37:42 | 0:37:46 | |
and the court can make her pay for what she's done. | 0:37:46 | 0:37:50 | |
In Pembrokeshire, Jim Scott has been waiting to hear | 0:37:54 | 0:37:57 | |
if Ben Edge of Welsh Slate Products has filed a defence. | 0:37:57 | 0:38:01 | |
Jim is claiming a refund for the cost of his slate worktops | 0:38:01 | 0:38:05 | |
and the expenses he incurred in collecting them. | 0:38:05 | 0:38:08 | |
In total, his claim is £3,265. | 0:38:08 | 0:38:12 | |
Jim's heard from the court. | 0:38:12 | 0:38:15 | |
I rang the, erm, the money claim online people | 0:38:15 | 0:38:18 | |
to find out what the status of the claim was | 0:38:18 | 0:38:21 | |
and they informed me that I'd won be default. | 0:38:21 | 0:38:24 | |
It seems Ben Edge failed to deliver a defence to the court, | 0:38:24 | 0:38:28 | |
and in doing so, he effectively admitted the claim. | 0:38:28 | 0:38:31 | |
Now he has to pay Jim in full and cover his court fees | 0:38:31 | 0:38:35 | |
and if he doesn't, Jim can pass the claim on for enforcement. | 0:38:35 | 0:38:40 | |
Because Mr Edge didn't come up with the money, | 0:38:40 | 0:38:43 | |
any costs that I now incur by pursuing him | 0:38:43 | 0:38:46 | |
obviously get added onto his debt, | 0:38:46 | 0:38:49 | |
so I'm not going to lose any more money. | 0:38:49 | 0:38:52 | |
I remember even saying to him, "I'm going to go with you | 0:38:52 | 0:38:55 | |
"because you sound like a nice bloke and someone I can trust." | 0:38:55 | 0:38:59 | |
I just like, you know, rue the day I ever said that to him. | 0:38:59 | 0:39:04 | |
It's been really satisfying to actually stand up to Ben. | 0:39:04 | 0:39:07 | |
It's been an absolute ordeal. | 0:39:07 | 0:39:10 | |
We wrote to Ben Edge and he was apologetic about both Steve and Jim | 0:39:10 | 0:39:14 | |
but did point out that he had many happy customers. | 0:39:14 | 0:39:17 | |
He was starting up a new business as a sole trader | 0:39:17 | 0:39:20 | |
and a large commercial customer failed to pay an invoice, which created the problems. | 0:39:20 | 0:39:25 | |
He now intends to pay all his outstanding bills. | 0:39:25 | 0:39:29 | |
There have been developments in the case of Libby, | 0:39:31 | 0:39:34 | |
the horse that went missing while on loan. | 0:39:34 | 0:39:36 | |
Her owner, Mandy Everley, is trying to recover the value of the horse from Denise, | 0:39:36 | 0:39:41 | |
who she says broke their loan agreement | 0:39:41 | 0:39:44 | |
by giving the horse away. | 0:39:44 | 0:39:46 | |
Mandy's been in touch. Denise has filed the defence. | 0:39:49 | 0:39:53 | |
In it, she accepts that she signed a loan agreement, | 0:39:53 | 0:39:56 | |
but she denies that she gave the horse away without permission. | 0:39:56 | 0:39:59 | |
She also denies having the horse put to sleep. | 0:39:59 | 0:40:02 | |
The case will now go to trial. | 0:40:02 | 0:40:06 | |
I'm going to meet them beforehand to give them some last-minute words of advice. | 0:40:08 | 0:40:12 | |
-Right, well, the day's come and you're due in court. -Yes. | 0:40:12 | 0:40:17 | |
-How do you feel about that? -We've waited a long time for this now | 0:40:17 | 0:40:21 | |
and we just want to get it over and done with and, hopefully, get the right result. | 0:40:21 | 0:40:25 | |
-You've submitted all your evidence. -I have. -You've done everything you were supposed to do. -Yes. | 0:40:25 | 0:40:30 | |
-And you've not received anything from the other side. -No, I haven't. | 0:40:30 | 0:40:33 | |
They may find they're in some difficulty | 0:40:33 | 0:40:35 | |
if they've not served their evidence in time. | 0:40:35 | 0:40:38 | |
Mandy sent all the paperwork that she'll rely on in the hearing | 0:40:38 | 0:40:42 | |
to both Denise and the court, | 0:40:42 | 0:40:44 | |
but Denise hasn't sent Mandy or the court anything to support her defence, | 0:40:44 | 0:40:49 | |
meaning she can't now produce something new in the hearing. | 0:40:49 | 0:40:53 | |
They're claiming £300 for the value of the horse | 0:40:53 | 0:40:56 | |
and £100 for her bridle, reins and tack. | 0:40:56 | 0:40:59 | |
That's a total of £400. | 0:40:59 | 0:41:01 | |
Both Rosie and Mandy have waited a long time | 0:41:01 | 0:41:04 | |
for the chance to ask Denise what happened to their horse. | 0:41:04 | 0:41:07 | |
This is their case so I'm not going into court with them, | 0:41:07 | 0:41:11 | |
but after the hearing, I meet up to find out how it went. | 0:41:11 | 0:41:16 | |
Right, Mandy, what happened? How did you get on? | 0:41:16 | 0:41:19 | |
We won. We're really, really pleased. | 0:41:19 | 0:41:22 | |
It's took a long time, but we're really pleased. | 0:41:22 | 0:41:24 | |
-You are pleased about the outcome. -Yes. | 0:41:24 | 0:41:26 | |
The judge awarded damages totalling £485. | 0:41:26 | 0:41:32 | |
The judge said that it was clear that, erm, | 0:41:41 | 0:41:45 | |
Denise had given the pony away when she wasn't hers to give away. | 0:41:45 | 0:41:50 | |
He didn't attribute malice to her particularly, | 0:41:50 | 0:41:53 | |
-he said that she'd been duped or conned... -I see. | 0:41:53 | 0:41:57 | |
..but that she'd breached the agreement and given the pony away | 0:41:57 | 0:42:01 | |
when she wasn't hers to give. | 0:42:01 | 0:42:03 | |
We wrote to Denise after the case but she declined to make any comment. | 0:42:03 | 0:42:08 | |
-Are you glad that you pursued it? -Yes, we are now. | 0:42:08 | 0:42:10 | |
We're just really pleased with the outcome. | 0:42:10 | 0:42:13 | |
We can draw a line under it now and we feel we've done a little bit of justice for Libby. | 0:42:13 | 0:42:18 | |
Getting justice is what this is about. | 0:42:20 | 0:42:23 | |
For Mandy and Rosie, I don't think money was ever the issue, | 0:42:23 | 0:42:26 | |
but by going to court and having their case heard in front of a judge, | 0:42:26 | 0:42:30 | |
they feel they've got justice for their horse. | 0:42:30 | 0:42:33 | |
And Jim Scott feels he's got justice by standing up and making his claim. | 0:42:33 | 0:42:38 | |
They both won their cases and now they can move on. | 0:42:38 | 0:42:43 | |
It isn't easy going to court and there's no guarantee of success, | 0:42:43 | 0:42:47 | |
but the courts are there for us all, to give everyone the chance of justice, | 0:42:47 | 0:42:51 | |
just like Rosie, Mandy and Jim. | 0:42:51 | 0:42:54 | |
Subtitles by Red Bee Media Ltd | 0:42:54 | 0:42:57 |