0:00:02 > 0:00:03I've had an interesting life -
0:00:03 > 0:00:06coal miner, fork-lift truck driver...
0:00:07 > 0:00:10..bricklayer, factory production line worker,
0:00:10 > 0:00:11fireman.
0:00:13 > 0:00:15I've lived rough on the streets of London and Paris.
0:00:17 > 0:00:20But now I've got a new job.
0:00:21 > 0:00:23As a Queen's Counsel barrister,
0:00:23 > 0:00:25I know the law inside out.
0:00:27 > 0:00:32I've prosecuted and defended some of the UK's most serious criminals.
0:00:32 > 0:00:37But the life I've led means I know that the world can be a tough place.
0:00:39 > 0:00:44At some point, we've all felt ripped off, cheated or conned.
0:00:44 > 0:00:47It's frustrating, costly and stressful.
0:00:47 > 0:00:51But I know consumers can fight back and get justice.
0:00:53 > 0:00:55I'm not here to represent anyone.
0:00:56 > 0:00:58But what I want is to empower you
0:00:58 > 0:01:01to use the law to get what you're owed.
0:01:04 > 0:01:07Today I'll be helping a couple who can't understand
0:01:07 > 0:01:10why the car trader they trusted has taken their car
0:01:10 > 0:01:12and won't give it back.
0:01:12 > 0:01:16That actually made me realise we are dealing with a dangerous person.
0:01:16 > 0:01:18But first I'm coming to the aid of a nurse
0:01:18 > 0:01:20whose kitchen is in need of intensive care.
0:01:20 > 0:01:24- I think everybody should have one like this.- Hmm.
0:01:24 > 0:01:28I'm going to help these people work out how they've been cheated
0:01:28 > 0:01:32and show them how they can use the law to get back what's theirs.
0:01:41 > 0:01:46Lincoln - home to mother and intensive care nurse Maggie Hart.
0:01:46 > 0:01:49My name's Maggie. I'm a single parent.
0:01:50 > 0:01:52I live in Lincoln.
0:01:52 > 0:01:53I've got five kids.
0:01:53 > 0:01:55They always want feeding.
0:01:55 > 0:01:58There's always somebody in this kitchen.
0:02:02 > 0:02:03With so many hungry mouths to feed,
0:02:03 > 0:02:05Maggie decided it was time she bought
0:02:05 > 0:02:07a brand-new fitted kitchen.
0:02:07 > 0:02:11I was browsing online at various sites.
0:02:11 > 0:02:12She found a kitchen supplier
0:02:12 > 0:02:14that was offering deals at the right price.
0:02:14 > 0:02:17And it looked really professional and it looked...
0:02:17 > 0:02:20Well, it looked fine, so I thought that was just what I'm looking for.
0:02:20 > 0:02:22Maggie called the kitchen company
0:02:22 > 0:02:25and agreed that a salesman could visit to give her a quote.
0:02:25 > 0:02:28When he arrived, Maggie was impressed by his attention to detail
0:02:28 > 0:02:32and happier still when he quoted her £2,000 for the kitchen
0:02:32 > 0:02:36and £1,160 for the fitting.
0:02:36 > 0:02:39I thought, if I'm going to get all that kitchen for that price,
0:02:39 > 0:02:41then that's brilliant.
0:02:41 > 0:02:44Maggie was asked to pay upfront before the work started.
0:02:46 > 0:02:50She paid £2,000 directly into the bank account of the salesman.
0:02:52 > 0:02:56I just thought that's what people normally do. I don't know.
0:02:58 > 0:03:04On the first day of work, Maggie was surprised when the salesman turned up himself to fit the kitchen.
0:03:04 > 0:03:06She was even more surprised with what he turned up in.
0:03:06 > 0:03:09Well, he just pulled up in his Jag.
0:03:09 > 0:03:14And then proceeded to empty the boot of all the flat-pack units.
0:03:14 > 0:03:19I thought, "Why haven't you got a van, like most workmen would have?"
0:03:20 > 0:03:22He came for four days.
0:03:22 > 0:03:25Then after that, he said, "I won't be here next Monday".
0:03:25 > 0:03:28I said, "Well, I'll see you Tuesday, then."
0:03:28 > 0:03:31I was hoping I'll have a nice kitchen,
0:03:31 > 0:03:33it'll all be finished by then.
0:03:33 > 0:03:35But of course, it wasn't.
0:03:37 > 0:03:39I never saw him again after that.
0:03:41 > 0:03:43Maggie hasn't seen him since.
0:03:43 > 0:03:45All he left her with was this.
0:03:46 > 0:03:51I've got a load of units that are very, very shoddily put together.
0:03:51 > 0:03:54There's no worktops, no doors.
0:03:56 > 0:03:59I think I could have probably done better myself.
0:04:00 > 0:04:03After ten weeks of trying to persuade the fitter to return,
0:04:03 > 0:04:06Maggie offered to finish the kitchen herself.
0:04:06 > 0:04:09She told him her sons would come and collect the doors and worktops.
0:04:09 > 0:04:11He took this as a threat.
0:04:13 > 0:04:15He said, um...
0:04:15 > 0:04:18"Oh, if you want to play it like that, I've got a dark side
0:04:18 > 0:04:22"and I can sort you out. If you want to cause trouble, then bring it on"
0:04:22 > 0:04:25was really what he was saying.
0:04:29 > 0:04:33For nearly a year, Maggie has had to cope with a kitchen she can barely use.
0:04:33 > 0:04:37And the kitchen fitter has refused to carry out the rest of the work.
0:04:37 > 0:04:39I work hard to get the things I get.
0:04:41 > 0:04:44As a single parent, I don't have a lot of spare money.
0:04:44 > 0:04:46Unless I get my money back off him,
0:04:46 > 0:04:50I don't have a lot of chance of now getting this finished.
0:04:52 > 0:04:54The name of the guy that came
0:04:54 > 0:04:57and did all this to my kitchen is Barrie Parkin.
0:05:05 > 0:05:08I'm not sure that kitchen is ever going to make a recovery.
0:05:08 > 0:05:13Consumer law is clear - when Barrie Parkin charged Maggie money to fit the kitchen,
0:05:13 > 0:05:15he made a contract with her.
0:05:15 > 0:05:17And if he leaves or makes a mess of the job,
0:05:17 > 0:05:19he's broken the contract,
0:05:19 > 0:05:21and she can get her money back.
0:05:21 > 0:05:24I'll be seeing Maggie later to help her get it.
0:05:32 > 0:05:34This is Blessing and Pascal.
0:05:34 > 0:05:35They live in Essex.
0:05:35 > 0:05:37They have a car that isn't theirs
0:05:37 > 0:05:40and the car that IS theirs is with the trader,
0:05:40 > 0:05:44who won't give it back until they give him back a car that isn't his.
0:05:45 > 0:05:47Confused? Let me explain.
0:05:49 > 0:05:52Blessing, Pascal's wife, wanted to buy a car for her work.
0:05:52 > 0:05:56And Pascal found a second-hand blue BMW
0:05:56 > 0:05:58on the website of an East London car trader.
0:06:00 > 0:06:03We wanted to obviously use a trader because of the reputation
0:06:03 > 0:06:07and also, if something goes wrong, we'd be able to go to the trader.
0:06:07 > 0:06:12The couple went to see the car and agreed to buy it for £2,000.
0:06:12 > 0:06:13But from the very first day she drove it,
0:06:13 > 0:06:16Blessing knew there was something wrong.
0:06:18 > 0:06:21Sometimes the car would stop in the middle of the road.
0:06:21 > 0:06:26Sometimes you could feel heat actually coming from the bonnet side.
0:06:26 > 0:06:29It got to the stage I thought, "No, this car is not safe to drive".
0:06:31 > 0:06:33Pascal and Blessing took the car back to the dealer,
0:06:33 > 0:06:35who said he would fix it.
0:06:35 > 0:06:37Blessing needed a car for work,
0:06:37 > 0:06:41so he agreed to provide her with a courtesy car, an old Audi.
0:06:43 > 0:06:45The first day I drove the so-called courtesy car
0:06:45 > 0:06:48was when the accident happened.
0:06:50 > 0:06:53The "accident" involved Blessing being trapped in the car
0:06:53 > 0:06:55when the electrical system failed
0:06:55 > 0:06:58and all the doors and windows locked shut.
0:07:00 > 0:07:02The door could not open. The car could not start.
0:07:02 > 0:07:04So I started basically crying.
0:07:04 > 0:07:09The fear - the psychological fear - "My God, my God, my God!"
0:07:11 > 0:07:15Luckily, a passing couple saw what had happened and called the fire brigade.
0:07:15 > 0:07:18The whole side had to be cut.
0:07:18 > 0:07:21By that time, I just fell on the floor.
0:07:23 > 0:07:25So they had to call paramedics immediately.
0:07:28 > 0:07:30While Blessing was recovering in hospital,
0:07:30 > 0:07:33Pascal called the garage owner and told him what had happened.
0:07:33 > 0:07:35To Pascal's amazement,
0:07:35 > 0:07:38the trader told him the car wasn't insured.
0:07:38 > 0:07:42Worse still, he said that he would have to pay for the repair.
0:07:43 > 0:07:46When I spoke to him, he was using the words "in its original standard" -
0:07:46 > 0:07:52that the car is damaged, so therefore we should go and buy him a new standard of the Audi
0:07:52 > 0:07:55before he can release the BMW.
0:07:59 > 0:08:01Things then became even more bizarre.
0:08:01 > 0:08:05A woman telephoned Pascal to tell him the Audi was actually hers
0:08:05 > 0:08:09and the trader had given it to them without her permission.
0:08:09 > 0:08:13That actually kind of made me realise deeply
0:08:13 > 0:08:15that we are dealing with a dangerous person.
0:08:15 > 0:08:18He lied and told us the car is a courtesy car
0:08:18 > 0:08:21and it's insured and it's roadworthy.
0:08:21 > 0:08:25All these three things were lies.
0:08:27 > 0:08:31For over a year, Blessing and Pascal have been locked in a stalemate
0:08:31 > 0:08:33with the car trader, known as Quissanga.
0:08:33 > 0:08:37He's refusing to return Blessing's car or her money.
0:08:37 > 0:08:39The couple are now left with a total wreck
0:08:39 > 0:08:42that doesn't belong to them stuck on their drive.
0:08:44 > 0:08:46What we want is our money back.
0:08:46 > 0:08:51I nearly lost my life because of two faulty cars
0:08:51 > 0:08:53that this Quissanga has given.
0:08:54 > 0:08:56He cannot go on. No way!
0:09:02 > 0:09:04I've never seen anything quite like this.
0:09:04 > 0:09:08Pascal and Blessing were right to think that, if they bought the car from a reputable dealer,
0:09:08 > 0:09:11they'd be protected by consumer law.
0:09:11 > 0:09:15But as we'll see later, if the dealer ignores that law,
0:09:15 > 0:09:18they may have to use the courts to get what they're owed.
0:09:23 > 0:09:25Back now to Maggie Hart.
0:09:25 > 0:09:27She thought she'd got herself a bargain
0:09:27 > 0:09:31when she paid a salesman £2,000 for a brand-new fitted kitchen.
0:09:31 > 0:09:34Unfortunately, this is what she got.
0:09:34 > 0:09:37Unsurprisingly, Maggie wants her money back.
0:09:37 > 0:09:41Maggie thought she was getting a bargain kitchen for £2,000.
0:09:41 > 0:09:45Quite frankly, this kitchen wouldn't have been a bargain for £2.
0:09:45 > 0:09:49I'd better go and find out from Maggie what she thought she was getting for her money.
0:09:54 > 0:09:57On the face of it, Maggie has a very strong case.
0:09:57 > 0:10:01With my help, she should be able to stand up to this so-called kitchen fitter.
0:10:03 > 0:10:05- Maggie.- Hello.- Gary Bell.
0:10:05 > 0:10:08- Am I glad to see you! - That's what they all say!
0:10:14 > 0:10:16Welcome to my kitchen.
0:10:17 > 0:10:19This is fantastic. Is it finished yet?
0:10:19 > 0:10:24Yes. Well, as far as Barrie Parkin's concerned, yes, it is.
0:10:24 > 0:10:28It's really handy, actually, because we sometimes lose things
0:10:28 > 0:10:32and we have to look through all the cupboards, but you can see where everything is.
0:10:34 > 0:10:36'Maggie said she wanted a special kitchen.
0:10:36 > 0:10:40'Well, the one she got certainly has some unique features.'
0:10:43 > 0:10:46- You can put things in here very easily without the tops.- Yeah.
0:10:48 > 0:10:49This is a great drawer(!)
0:10:52 > 0:10:55You can kind of decide which end you want the gap.
0:10:55 > 0:10:57- Fantastic tap.- Very sturdy. Look at that.
0:10:57 > 0:10:59It's great, isn't it?
0:10:59 > 0:11:00Oh, dear.
0:11:02 > 0:11:04How long did it take him to do it - 20 minutes?
0:11:04 > 0:11:05Four days.
0:11:05 > 0:11:08- I think everybody should have one like this.- Hmm.
0:11:08 > 0:11:10I'm sure Barrie Parkin does as well.
0:11:12 > 0:11:16- Right, let's have a look at what paperwork you have got from this charlatan.- OK.
0:11:17 > 0:11:18Alleged charlatan.
0:11:19 > 0:11:22Now, before I put my coffee cup down on here,
0:11:22 > 0:11:24- Barrie didn't build this table, did he?- No, you're safe.
0:11:24 > 0:11:27- He hasn't touched this table. - Perfect.
0:11:28 > 0:11:31Right, let's see what we've got.
0:11:32 > 0:11:35- So you paid out in total £2,000. - Yeah.
0:11:35 > 0:11:39- Any more?- Plus the 200 of... - Plus the 200 to have this kitchen designed.
0:11:39 > 0:11:41Designed, yeah.
0:11:41 > 0:11:43- So £2,200?- Mm-hm.
0:11:43 > 0:11:45To him.
0:11:45 > 0:11:50'I'm no expert in the kitchen, but even I can see there's something wrong with this one.
0:11:50 > 0:11:55'Maggie wants Barrie Parkin to return the £2,000 she paid him for the kitchen,
0:11:55 > 0:11:59'plus £200 she paid him to design this bespoke masterpiece.
0:11:59 > 0:12:01'£2,200 in total.
0:12:01 > 0:12:04'What I need to work out is whether Barrie Parkin
0:12:04 > 0:12:07'is a company or a sole trader.'
0:12:07 > 0:12:08So this is what you've got.
0:12:11 > 0:12:14"J Parkin, sole proprietor of JBC Marketing."
0:12:15 > 0:12:17'So Barrie was acting as a sole trader,
0:12:17 > 0:12:19'not a limited company,
0:12:19 > 0:12:22'which means he can't hide behind the company name.
0:12:22 > 0:12:24'Maggie paid the money directly to him,
0:12:24 > 0:12:26'so Maggie will need to ask him personally
0:12:26 > 0:12:28'for her money back.'
0:12:28 > 0:12:30What are you looking to get out of this?
0:12:30 > 0:12:32Well, I want my money back off him.
0:12:32 > 0:12:35I don't want him to come and finish it, obviously.
0:12:35 > 0:12:38- I don't want him anywhere near here. - But you've been daft, haven't you?
0:12:38 > 0:12:40- Handing over that cash.- I have.
0:12:40 > 0:12:44And now, when I look back, I think how stupid I've been.
0:12:44 > 0:12:47But, you know, it's just the way he came in.
0:12:47 > 0:12:50- It was very kind of persuasive and very...- Yeah.
0:12:50 > 0:12:52I don't know, believable.
0:12:52 > 0:12:57Do you want to try and give him a call now and have one last attempt to make him put this right?
0:12:57 > 0:13:00I really don't want to speak to him any more,
0:13:00 > 0:13:05because the last time that I spoke to him, he was very threatening on the phone.
0:13:05 > 0:13:08'There's no reason Maggie should feel intimidated by Barrie Parkin,
0:13:08 > 0:13:12'unless he's going to come over and fit another kitchen for her.
0:13:12 > 0:13:13'But if he won't talk civilly on the phone,
0:13:13 > 0:13:16'then it's time for a letter before action,
0:13:16 > 0:13:19'which tells him if he doesn't pay up, she will sue.'
0:13:21 > 0:13:24We know he's Barrie Parkin. We know he's sole proprietor.
0:13:24 > 0:13:28And we know the address that he's living at, the Hucknall address.
0:13:28 > 0:13:30So let's get that letter drafted.
0:13:30 > 0:13:32Mm-hm. Yep.
0:13:32 > 0:13:34'In Maggie's letter before action,
0:13:34 > 0:13:38'she needs to remind Barrie that he didn't finish the kitchen to the standard they agreed
0:13:38 > 0:13:41'and make it clear why she's not happy with it.
0:13:41 > 0:13:44'She also needs to give him a deadline of 14 days
0:13:44 > 0:13:47'to pay back the £2,200 she gave him.
0:13:47 > 0:13:50'Maggie must show she's given Barrie Parkin
0:13:50 > 0:13:52'a fair opportunity to pay up.'
0:13:55 > 0:14:00So we need to let him know that if he doesn't respond and pay this money back within 14 days
0:14:00 > 0:14:02that we'll take him to court.
0:14:04 > 0:14:06'Once Barrie Parkin sees this letter,
0:14:06 > 0:14:08he'll know that Maggie means business.
0:14:08 > 0:14:10'Let's hope he pays up
0:14:10 > 0:14:13'and makes amends for the mess' he's left her in.
0:14:17 > 0:14:19That kitchen is an absolute disgrace.
0:14:19 > 0:14:22£2,200 she's paid for that.
0:14:22 > 0:14:24We need to get her money back.
0:14:29 > 0:14:33Blessing and Pascal bought a car from an East London car trader that went wrong.
0:14:33 > 0:14:36So they took it back and he gave them a courtesy car.
0:14:36 > 0:14:38But that also went wrong.
0:14:38 > 0:14:41Blessing was trapped inside and the fire brigade
0:14:41 > 0:14:43had to rip the doors off to get her out.
0:14:45 > 0:14:47The trader now won't return their car
0:14:47 > 0:14:49until they pay for this one.
0:14:55 > 0:14:59I'm going to have to go to Essex to see this so-called courtesy car for myself.
0:15:02 > 0:15:05Pascal and Blessing are very upset about what's happened to them
0:15:05 > 0:15:08and I want to help them untangle this mess.
0:15:12 > 0:15:15- Hello, Gary.- Hi, Pascal.- Hello.
0:15:15 > 0:15:17- And that must be Blessing. - How are you?
0:15:17 > 0:15:19Very well, thanks.
0:15:19 > 0:15:22- Going to try and sort out this car problem you've got.- Yes.
0:15:22 > 0:15:25- The only car you've got now is the Audi, is that right?- That's right.
0:15:25 > 0:15:28- Can we go and have a look at that? - It's just there.
0:15:28 > 0:15:29Super.
0:15:31 > 0:15:34- So this is it, is it? - Yes, this is the courtesy car.
0:15:34 > 0:15:37The courtesy car that didn't belong to him?
0:15:37 > 0:15:39That didn't belong to him,
0:15:39 > 0:15:41that Quissanga gave to us.
0:15:41 > 0:15:46- This car was given you as a loan car while your BMW was being repaired? - Yes. That's right.
0:15:46 > 0:15:50- He said to us that this car was insured for us to drive.- Yes.
0:15:50 > 0:15:53And it was only when this accident happened,
0:15:53 > 0:15:56that the car trapped my wife,
0:15:56 > 0:15:58that he now says the car was not insured.
0:15:58 > 0:16:02- So you'd been driving the car without insurance? - Without insurance,
0:16:02 > 0:16:06- believing the car was insured. - Through his company insurance.- Yes.
0:16:08 > 0:16:12So you were in this car, then none of the doors would work...
0:16:12 > 0:16:15When I started the car, the whole electrical system seized.
0:16:15 > 0:16:18The only way to get you out was to cut the door off?
0:16:18 > 0:16:21- Yes.- So they cut this door off completely.
0:16:21 > 0:16:24- That's correct.- Then you still couldn't get out the front door.- No.
0:16:24 > 0:16:27- They had to drag you out between the seats.- Very much so.
0:16:27 > 0:16:29- And take you off to hospital. - That's right.
0:16:29 > 0:16:32- It must have been very shocking for you, the whole thing.- Shocking.
0:16:32 > 0:16:35And then you found out that, not only was this car not insured,
0:16:35 > 0:16:37- but it didn't even belong to him. - Exactly.
0:16:37 > 0:16:41We went to the police, Trading Standards. None of them...
0:16:41 > 0:16:44- They weren't interested? - No, they were not interested.
0:16:44 > 0:16:47The police, they said they did their investigation,
0:16:47 > 0:16:52and then they found out that, basically, it is a civil case.
0:16:52 > 0:16:56So, it's been a very, very tough battle with him.
0:16:56 > 0:16:59It's like, kind of...you know...
0:16:59 > 0:17:01a mouse trying to move a mountain, basically.
0:17:01 > 0:17:03Between us and him.
0:17:08 > 0:17:11'If the police and Trading Standards aren't interested,
0:17:11 > 0:17:14'Blessing and Pascal will have to solve this for themselves.
0:17:14 > 0:17:15'And I'm going to help them.'
0:17:17 > 0:17:19Well, let's look at what paperwork you've got,
0:17:19 > 0:17:22- see what we can do to try and solve this.- Yeah, OK. That's fine.
0:17:27 > 0:17:30'The car trader has refused to return Pascal and Blessing's BMW
0:17:30 > 0:17:33'until they return this car to its original state,
0:17:33 > 0:17:36'which would clearly cost more than the BMW is worth.
0:17:39 > 0:17:40'It's also wrong in law,
0:17:40 > 0:17:43'because, although they should have checked it was insured,
0:17:43 > 0:17:46'as a trader, he should have told them it wasn't.
0:17:46 > 0:17:51'And he shouldn't have loaned it to them without the owner's permission in the first place.
0:17:52 > 0:17:54'Pascal and Blessing want either the £2,000
0:17:54 > 0:17:56'they originally paid for the BMW,
0:17:56 > 0:18:01'or if it's been fully repaired and is now roadworthy, the car itself.
0:18:01 > 0:18:03'They've already sent a letter asking for this.'
0:18:05 > 0:18:08So you've sent a letter, recorded delivery,
0:18:08 > 0:18:11stating that if he doesn't give you your money back or your car back,
0:18:11 > 0:18:14- then you'll take him to court. - That's right.
0:18:14 > 0:18:17'If it comes to court, it's important to work out
0:18:17 > 0:18:18'who's legally responsible.
0:18:18 > 0:18:22'Did they buy the car from a person or a company?'
0:18:22 > 0:18:24Now, let me just work this out.
0:18:24 > 0:18:26You went originally to his...
0:18:26 > 0:18:31- Garage. It was...- E & Q.- E & Q.
0:18:31 > 0:18:35You went to E & Q Cars and you saw Mr Quissanga.
0:18:35 > 0:18:37He has three garages.
0:18:37 > 0:18:39One at Enfield and one at Chelmsford.
0:18:39 > 0:18:45- Right.- So they took the car from the one at Leytonstone, the garage at Leytonstone,
0:18:45 > 0:18:49- to Enfield, because they had space there.- I see.
0:18:49 > 0:18:53And when you got there, it wasn't E & Q Cars, it was K & T Car Sales.
0:18:53 > 0:18:55I think so, yeah.
0:18:55 > 0:18:58But as far as you were concerned, it was the same company?
0:18:58 > 0:19:00It's the same company, yes.
0:19:03 > 0:19:05'This is getting complicated now.
0:19:05 > 0:19:08'I need to work out which of these companies is responsible.'
0:19:08 > 0:19:10When you took the car in,
0:19:10 > 0:19:14- did you take it to K & T Sales in Enfield?- No.
0:19:14 > 0:19:17- You took it to the original place? - Yes.- E & Q?- Yes.
0:19:17 > 0:19:19- And where is the BMW now? - It's with him.
0:19:19 > 0:19:22- Do we know it's with him? - Well, we gave it to him.
0:19:22 > 0:19:26- Do you know where it is?- No.- No. He told us he took it to his mechanic.
0:19:26 > 0:19:30- Yeah.- And that's it. - Nine months ago?- Nine months ago.
0:19:30 > 0:19:31Right.
0:19:31 > 0:19:33'Pascal and Blessing took the car
0:19:33 > 0:19:36'to Mr Quissanga at his Leytonstone car dealership.
0:19:36 > 0:19:42'There is where they will hopefully find the company they need to sue.'
0:19:42 > 0:19:44This is a very tangled web.
0:19:44 > 0:19:47Pascal and Blessing have got a car on the drive that doesn't work,
0:19:47 > 0:19:49they don't want, that doesn't belong to them or Mr Quissanga.
0:19:49 > 0:19:52'Let's hope Pascal and Blessing get a reply
0:19:52 > 0:19:55'to their letter before action.'
0:19:57 > 0:19:59My name is Gary Bell
0:19:59 > 0:20:02and, as a QC, I spend most of my working life
0:20:02 > 0:20:04dealing with major court cases.
0:20:04 > 0:20:06But I haven't always been a barrister.
0:20:06 > 0:20:08I've known some tough times,
0:20:08 > 0:20:11and now I want to use my knowledge of the law to help others.
0:20:11 > 0:20:15I want to show you how you can use the courts
0:20:15 > 0:20:16to recover your money.
0:20:20 > 0:20:23Maggie Hart thought she was having a brand-new kitchen fitted.
0:20:23 > 0:20:25But this is what she got.
0:20:26 > 0:20:29She wants her money back, and I'm helping her.
0:20:29 > 0:20:31So far, she's sent a letter before action,
0:20:31 > 0:20:35asking for a full refund from the kitchen fitter, Barrie Parkin.
0:20:36 > 0:20:38Sadly, Maggie's experience is all too common -
0:20:38 > 0:20:40a tradesman starts a job,
0:20:40 > 0:20:42he's paid upfront, the work stops
0:20:42 > 0:20:45and then he disappears with all the money.
0:20:46 > 0:20:50All of Maggie's paperwork was for a company called JBC Marketing.
0:20:50 > 0:20:53And Barrie Parkin said he was the sole proprietor.
0:20:53 > 0:20:55So there's no limited company to look for.
0:20:57 > 0:20:59If Maggie had typed his name into a search engine,
0:20:59 > 0:21:02she'd find it linked to other companies -
0:21:02 > 0:21:04JBC Conservatories Nottingham,
0:21:04 > 0:21:06Nottingham Handyman Services
0:21:06 > 0:21:09and here, The Dream Maker in Hucknall.
0:21:11 > 0:21:14It looks like Barrie's been busy all over the area.
0:21:19 > 0:21:22My name's Derek. I live on my own.
0:21:22 > 0:21:23I am 70.
0:21:25 > 0:21:27Retired. I play golf.
0:21:29 > 0:21:31And I play golf!
0:21:38 > 0:21:41In between playing golf, Derek does cook for himself.
0:21:41 > 0:21:43So he decided he wanted a new kitchen
0:21:43 > 0:21:46and went to his local DIY store.
0:21:46 > 0:21:50They said, "What we'll do is get a representative come out and see you,
0:21:50 > 0:21:53"give you a price and we'll go from there."
0:21:53 > 0:21:58The DIY store were good to their word, and a kitchen designer turned up.
0:21:58 > 0:22:00Well...Barrie Parkin turned up.
0:22:02 > 0:22:05The spiel he gave me as regards selling - top class.
0:22:05 > 0:22:09He could sell. There's no arguing about it.
0:22:09 > 0:22:11Barrie sold Derek a £3,000 kitchen
0:22:11 > 0:22:14and Derek was very happy with the deal.
0:22:14 > 0:22:17The fitter then came - not Barrie this time -
0:22:17 > 0:22:20and spent four days putting in the new kitchen.
0:22:20 > 0:22:24But when the work was done, Derek wasn't happy any more.
0:22:27 > 0:22:31You can see what the problem is. The drawers are not closing right.
0:22:31 > 0:22:33They're not lined up right.
0:22:33 > 0:22:35The chip on the top of the worktop.
0:22:35 > 0:22:39I said, "I just want it doing, that's all," which I did.
0:22:39 > 0:22:42If you bought a car from a garage and it's got a dent on it,
0:22:42 > 0:22:45and they said, "It's just part of the job," you wouldn't accept it.
0:22:45 > 0:22:47And I wasn't going to accept it.
0:22:47 > 0:22:49They started to rile me a bit, they did!
0:22:54 > 0:22:56I started asking questions.
0:22:56 > 0:23:00Then they started saying, "I'll be there at nine o'clock"
0:23:00 > 0:23:02and then it'd be one o'clock before he got there.
0:23:02 > 0:23:05Not one to sit around when there was golf to be played,
0:23:05 > 0:23:08Derek started to lose patience with Barrie.
0:23:08 > 0:23:12And then they'd say, "I can't stop long, cos I've got to go somewhere else."
0:23:12 > 0:23:16I'd say, "What about finishing this?" They'd say, "I'll come back and finish it."
0:23:16 > 0:23:19And that's how it was right until the end. I really got fed up with them.
0:23:19 > 0:23:22I'm not denying I got a good price for the kitchen,
0:23:22 > 0:23:23but I still wanted it finishing.
0:23:25 > 0:23:28I would not recommend him to do anybody any work on anybody's property,
0:23:28 > 0:23:31whether it's a kitchen, building or anything else.
0:23:31 > 0:23:35I can't truthfully say about building, because I don't know what his building work's like,
0:23:35 > 0:23:38but I can only go on the kitchen I've had supplied and fitted.
0:23:39 > 0:23:42Derek may not know what Barrie Parkin's building work is like,
0:23:42 > 0:23:44but just down the road in Mansfield
0:23:44 > 0:23:47live a couple who know exactly what can happen
0:23:47 > 0:23:50when Barrie Parkin turns his hand to construction.
0:23:56 > 0:24:00My name's Andrew Watterson. I live with my wife Lynn
0:24:00 > 0:24:02and my daughter Bethany.
0:24:02 > 0:24:05We've got a good relationship. We're quite happy...
0:24:05 > 0:24:09apart from when we have a cowboy builder!
0:24:12 > 0:24:16The Wattersons wanted to have a new retaining wall and driveway built.
0:24:16 > 0:24:19They contacted a local builder, who gave them a quote.
0:24:21 > 0:24:23He said he'd had 40 years' experience.
0:24:23 > 0:24:27He came up with lots of technical jargon,
0:24:27 > 0:24:31quoting lots of rules and regulations.
0:24:31 > 0:24:33Mr and Mrs Watterson were quite sure
0:24:33 > 0:24:36they'd got the right man for the job.
0:24:36 > 0:24:39That is, until he started the work.
0:24:42 > 0:24:45First thing he did was dig straight through the electric cable.
0:24:45 > 0:24:47That was the first day.
0:24:50 > 0:24:52The second day...um...
0:24:52 > 0:24:54he didn't turn up.
0:24:54 > 0:24:56Then the following day,
0:24:56 > 0:24:59they'd laid the foundations.
0:24:59 > 0:25:01It was like a war zone.
0:25:03 > 0:25:05The wall was leaning.
0:25:06 > 0:25:08None of the corners were straight.
0:25:08 > 0:25:11There was big gaps in between the mortar.
0:25:13 > 0:25:16Barrie Parkin started to use their garden as a dump.
0:25:18 > 0:25:22And then had the audacity to hang an advertising sign on their wall.
0:25:28 > 0:25:30It was Dream Makers Group,
0:25:30 > 0:25:32which is more like a nightmares group!
0:25:32 > 0:25:37Underneath that, it said "Built with pride and passion".
0:25:39 > 0:25:42That is a complete and utter joke!
0:25:45 > 0:25:47Barrie Parkin claiming to be a dream maker?
0:25:47 > 0:25:50I think we can safely add false advertising
0:25:50 > 0:25:54to the list of complaints the Wattersons have against him.
0:25:55 > 0:25:58As well as the £5,000 they'd paid Barrie Parkin,
0:25:58 > 0:26:01they then had to pay another builder £5,000
0:26:01 > 0:26:03to get the wall done properly.
0:26:03 > 0:26:08When he turns up, he can talk the talk, but he cannot walk the walk.
0:26:09 > 0:26:11All he wants is the money.
0:26:13 > 0:26:15His name is Barrie Parkin.
0:26:16 > 0:26:19He couldn't build a Lego house.
0:26:19 > 0:26:21He couldn't build a Lego wall.
0:26:26 > 0:26:28Intensive care nurse Maggie
0:26:28 > 0:26:32is definitely not alone in being unhappy with Barrie Parkin's work.
0:26:36 > 0:26:38The law that protects consumers is clear -
0:26:38 > 0:26:41if you make a promise, that's what you have to deliver.
0:26:41 > 0:26:43It's a binding contract.
0:26:43 > 0:26:46But if this case goes to court,
0:26:46 > 0:26:50Barrie Parkin may argue that Maggie got the kitchen she paid for
0:26:50 > 0:26:52and is just being unfairly critical.
0:26:56 > 0:26:59So I've called in expert witness Jerry Ponder.
0:26:59 > 0:27:02I wonder if he can pinpoint exactly what's wrong?
0:27:06 > 0:27:09Well, this is my first view of the kitchen,
0:27:09 > 0:27:12but straight away, there are some very obvious problems.
0:27:12 > 0:27:13There are no work surfaces,
0:27:13 > 0:27:15no doors on the cabinets.
0:27:17 > 0:27:20The extractor here doesn't go anywhere - there's no ducting,
0:27:20 > 0:27:22there's no chimney on top of it.
0:27:23 > 0:27:26If the wall units had been set a little bit lower,
0:27:26 > 0:27:29it wouldn't have been necessary to cut the cornice there.
0:27:29 > 0:27:34The tap is mounted on a temporary board,
0:27:34 > 0:27:36which is very rough.
0:27:51 > 0:27:53The doors and drawer front's missing.
0:27:53 > 0:27:56Yeah, there should be an end support panel here.
0:27:56 > 0:27:59No edging on the plinths.
0:27:59 > 0:28:04These blanking plates look as if they should have sockets on them.
0:28:04 > 0:28:07At least this one here. In a case like this,
0:28:07 > 0:28:10where you've got a feature brick wall, that's just a mess.
0:28:10 > 0:28:12I think those are the main problems.
0:28:13 > 0:28:16This kitchen is probably the worst case
0:28:16 > 0:28:20that I've been called in to provide a report on.
0:28:20 > 0:28:24This kitchen is not finished.
0:28:27 > 0:28:28All in all, a disaster.
0:28:28 > 0:28:32As professional opinions go, that could not be clearer.
0:28:32 > 0:28:34If this case goes to court,
0:28:34 > 0:28:36the judge may well want an expert's report
0:28:36 > 0:28:39or even an expert to give evidence at the hearing.
0:28:39 > 0:28:41We don't know if this will be necessary yet,
0:28:41 > 0:28:45so we asked Jerry to hold off writing his report until then.
0:28:48 > 0:28:51Back now to the case of the couple whose faulty car
0:28:51 > 0:28:54has been taken in for repair by the dealer who won't return it.
0:28:54 > 0:28:57They've already sent a letter before action
0:28:57 > 0:28:59and are waiting to hear back.
0:28:59 > 0:29:02If they don't get a response, they may need to start a court claim.
0:29:02 > 0:29:07The issue then will be which company the couple should take to court.
0:29:12 > 0:29:16Mr Quissanga operated under a number of different company names.
0:29:16 > 0:29:20The question is - who do Pascal and Blessing take to court?
0:29:24 > 0:29:27The car was advertised by E & Q Cars Ltd.
0:29:29 > 0:29:31They bought it from K & T Cars,
0:29:31 > 0:29:35but then took it back to Jet Car Sales Ltd.
0:29:41 > 0:29:47K & T Cars and E & Q Cars Ltd have now both been dissolved.
0:29:49 > 0:29:54But Jet Car Sales Ltd is still trading from the Leytonstone address
0:29:54 > 0:29:58and Quissanga Baptista Alberto is listed as the director.
0:30:00 > 0:30:04When Pascal and Blessing handed the car over to Mr Quissanga for repair,
0:30:04 > 0:30:08it was at this company - Jet Car Sales Ltd.
0:30:08 > 0:30:09They still have the car,
0:30:09 > 0:30:12so it's that company that need to be taken to court.
0:30:12 > 0:30:15Car dealers are covered under consumer law.
0:30:15 > 0:30:19The car has to be fit for the purpose for which it is purchased.
0:30:19 > 0:30:22And if a second-hand car goes wrong straight away,
0:30:22 > 0:30:25you should take it back and demand that the dealer repair it
0:30:25 > 0:30:27or give you a full refund.
0:30:32 > 0:30:35Even so, I think it's always a good idea
0:30:35 > 0:30:38to check out any dealer online before you purchase.
0:30:38 > 0:30:43And the online reviews for Jet Car Sales Ltd are pretty off-putting.
0:30:47 > 0:30:49This is Lee.
0:30:51 > 0:30:53He's a self-employed decorator.
0:30:55 > 0:30:56Having a car is pretty important to me.
0:30:56 > 0:30:59If I didn't have my car, I wouldn't be able to work
0:30:59 > 0:31:02and I definitely wouldn't be able to support my family.
0:31:02 > 0:31:07When Lee was looking for a new car, he found the exact model he wanted -
0:31:07 > 0:31:11a second-hand Vauxhall Vectra at Jet Car Sales Ltd.
0:31:11 > 0:31:15It's more or less one of the top of the range models for a diesel -
0:31:15 > 0:31:17it's the SRi, comes with all the luxury toys.
0:31:17 > 0:31:20I pretty much did have my heart set on that car, yeah.
0:31:20 > 0:31:23Lee took his family on the train up to London.
0:31:23 > 0:31:26He liked the look of the car and bought it for cash.
0:31:26 > 0:31:28On the spot.
0:31:28 > 0:31:30They then set out on the long drive home.
0:31:33 > 0:31:35I got the majority of the way home.
0:31:35 > 0:31:39Then about 30 to 35 miles, it started vibrating real bad.
0:31:39 > 0:31:43From when I got it home, I parked it on my mum's drive
0:31:43 > 0:31:45and that's where it's sat from there.
0:31:49 > 0:31:52Lee was devastated that he'd spent all his money on a wreck.
0:31:52 > 0:31:56He called Jet Car Sales Ltd, but the dealer didn't want to know.
0:31:56 > 0:32:00Having no joy with Quissanga, Lee turned to his stepdad,
0:32:00 > 0:32:02who, luckily, is a mechanic.
0:32:02 > 0:32:05Normally my son knows his way around a vehicle.
0:32:05 > 0:32:07I think, on this occasion,
0:32:07 > 0:32:09he bought with his heart rather than his head.
0:32:09 > 0:32:13Lee's stepdad worked day and night to fix the faults.
0:32:13 > 0:32:15They had to replace the whole engine and clutch.
0:32:15 > 0:32:21The car's now back on the road, but it's cost Lee over £1,000 to put it right.
0:32:21 > 0:32:25And that doesn't include all the hours his stepfather had put in.
0:32:25 > 0:32:28I would say we spent about 30 hours, if not more,
0:32:28 > 0:32:32on the vehicle, to get anywhere near where it was useable.
0:32:34 > 0:32:37Lee asked Quissanga to cover the cost of the repairs.
0:32:37 > 0:32:41Instead, the trader said he was only too happy to have the car back
0:32:41 > 0:32:44now that it was fully roadworthy and repaired.
0:32:44 > 0:32:47Basically, all I got from the guy was just "Bring the car back".
0:32:47 > 0:32:51My argument was I've spent a lot of money on the car,
0:32:51 > 0:32:54putting it right - why am I going to bring a decent car back to you?
0:32:54 > 0:32:59I just cannot believe how someone can get away with ripping so many people off.
0:32:59 > 0:33:01I can understand maybe ripping one guy off
0:33:01 > 0:33:02and maybe getting away with it,
0:33:02 > 0:33:05but he seems to have done it to a fair few people.
0:33:07 > 0:33:13And one of those fair few people is former jet aircraft engineer Paul.
0:33:15 > 0:33:19He knows all about Quissanga and his many companies.
0:33:20 > 0:33:24He bought this car from Quissanga at the Leytonstone address.
0:33:24 > 0:33:26I drove the car back. I had no real problems with it.
0:33:26 > 0:33:29The next morning, I was cleaning it, going through it,
0:33:29 > 0:33:31and I found some paperwork in the glove compartment.
0:33:31 > 0:33:33And one of it was an old receipt.
0:33:33 > 0:33:36An old garage receipt that had a different mileage on it.
0:33:38 > 0:33:41The document showed that the car had once had a much higher mileage
0:33:41 > 0:33:44than the number shown on the milometer.
0:33:44 > 0:33:4720,000 miles more, in fact.
0:33:50 > 0:33:52My whole reason for buying the car
0:33:52 > 0:33:55was to buy a low-mileage car to put a lot of miles on.
0:33:55 > 0:34:00For Paul, these extra miles meant he'd paid way too much for the car.
0:34:02 > 0:34:04I contacted the previous owner.
0:34:04 > 0:34:07He told me the mileage that he sold it to the dealer on.
0:34:07 > 0:34:10So I automatically knew then the dealer had clocked the car.
0:34:10 > 0:34:14"Clocking" is when the recorded miles on a vehicle are rewound
0:34:14 > 0:34:16to increase the vehicle's value.
0:34:16 > 0:34:18It's a criminal offence.
0:34:18 > 0:34:21I wanted him to take the car back, give me my money back.
0:34:21 > 0:34:23I did not want the car anywhere near me.
0:34:25 > 0:34:28Paul tried endlessly to get his money back from Quissanga.
0:34:28 > 0:34:30He won his court case.
0:34:30 > 0:34:34But Quissanga evaded justice by closing down the company.
0:34:34 > 0:34:39E & Q Cars was dissolved in November 2010.
0:34:39 > 0:34:41And Jet Cars was started up.
0:34:41 > 0:34:45I'm feeling totally disgusted that somebody can form businesses,
0:34:45 > 0:34:49fold businesses, form businesses and the authorities do nothing.
0:34:49 > 0:34:51Absolutely nothing.
0:34:54 > 0:34:56Once a limited company has a court judgement against it,
0:34:56 > 0:34:59it's possible to stop that company being dissolved.
0:34:59 > 0:35:03Because Pascal and Blessing left their car with Jet Car Sales Ltd,
0:35:03 > 0:35:05that's who they should sue.
0:35:05 > 0:35:09And they're in luck - Jet Car Sales Ltd is still trading,
0:35:09 > 0:35:11so they can start a claim.
0:35:11 > 0:35:13Once they get a judgement,
0:35:13 > 0:35:16they can try to prevent it from being dissolved.
0:35:16 > 0:35:20The 14 days they gave Jet Car Sales Ltd to return their money has now passed.
0:35:20 > 0:35:23So that's exactly what they should do.
0:35:24 > 0:35:27To start their claim, they simply need to go online.
0:35:27 > 0:35:30In the Claimant box they put themselves
0:35:30 > 0:35:33and, in the Defendants box, they put Jet Car Sales Ltd.
0:35:33 > 0:35:35Next are the brief details of the claim -
0:35:35 > 0:35:38that they bought the car from a trader,
0:35:38 > 0:35:39that it was faulty,
0:35:39 > 0:35:41that they took it back to be fixed
0:35:41 > 0:35:43and were given a courtesy car that was also faulty,
0:35:43 > 0:35:46and that the trader owes them a refund
0:35:46 > 0:35:48or the return of the car.
0:35:50 > 0:35:52Then the value - £2,000 for the car
0:35:52 > 0:35:55and then they can add the court fee, which is £80.
0:35:55 > 0:35:58When the court receives this,
0:35:58 > 0:36:01a letter will be sent to Quissanga, giving him a time limit to respond.
0:36:01 > 0:36:05Let's hope that, for Pascal and Blessing's sake,
0:36:05 > 0:36:08he sees sense and gives them their money back.
0:36:14 > 0:36:17I've been helping Maggie Hart sort out the mess left behind
0:36:17 > 0:36:20by a builder who's been leaving a trail of destruction
0:36:20 > 0:36:23across the East Midlands and Lincolnshire.
0:36:23 > 0:36:28Maggie's given Barrie Parkin 14 days to return all the money she paid him
0:36:28 > 0:36:30to design and fit this kitchen.
0:36:30 > 0:36:34It's time to go back to Lincoln to see if she's heard anything.
0:36:34 > 0:36:37- So you've heard nothing from him? - No.
0:36:37 > 0:36:41Well, I'm not surprised, because we've been doing some investigating into him.
0:36:41 > 0:36:44He's got a number of different names -
0:36:44 > 0:36:46Nottingham Handyman Services,
0:36:46 > 0:36:49or, my particular favourite, Dream Maker.
0:36:49 > 0:36:51SHE LAUGHS
0:36:51 > 0:36:53'To put an end to Maggie's nightmare,
0:36:53 > 0:36:56'she'll need to fill in the claim form.
0:36:56 > 0:36:59'Once Maggie puts her details in, she needs to name a defendant.'
0:36:59 > 0:37:01Barrie Parkin,
0:37:01 > 0:37:03and we'll put him down as...
0:37:03 > 0:37:06JBC Marketing and Building Consultants.
0:37:06 > 0:37:08'Next, the brief details of the claim -
0:37:08 > 0:37:12'that Barrie Parkin left the kitchen not fit for purpose
0:37:12 > 0:37:14'and simply not finished.
0:37:14 > 0:37:15'And then the value -
0:37:15 > 0:37:17'everything she's paid to Barrie.
0:37:17 > 0:37:20'So that's £2,200.'
0:37:21 > 0:37:23I think that's cheap at the price,
0:37:23 > 0:37:28- considering you've had to endure seven months of hell.- Yeah.
0:37:40 > 0:37:44Well, hopefully this letter will be the first step towards getting your money back
0:37:44 > 0:37:47- so you can get a kitchen put in, so you can cook supper for your kids.- Yeah!
0:37:48 > 0:37:51There's the post box. Looks like Barrie Parkin's painted it!
0:37:51 > 0:37:53It does.
0:37:53 > 0:37:55Let's bring Barrie Parkin to court,
0:37:55 > 0:37:58where he's no doubt got his own parking space.
0:37:58 > 0:38:00And let him explain that kitchen to the judge.
0:38:00 > 0:38:02Yes.
0:38:02 > 0:38:04Let's just hope I get my money back from him.
0:38:08 > 0:38:10If Barrie Parkin asked my advice as a QC,
0:38:10 > 0:38:14I would tell him he's got no defence and he should pay up.
0:38:14 > 0:38:17And go into something other than fitting kitchens.
0:38:19 > 0:38:21Maggie's done everything she possibly can
0:38:21 > 0:38:23to get this matter resolved amicably.
0:38:23 > 0:38:28But she's now left with no option but to take Barrie Parkin to court.
0:38:28 > 0:38:31We know from previous cases that he's likely to put up a defence,
0:38:31 > 0:38:35but having seen the kitchen and having had an expert look at it,
0:38:35 > 0:38:38I'd be very, very interested to know what that defence would be.
0:38:40 > 0:38:44In Essex, Pascal and Blessing are waiting to hear if Jet Car Sales Ltd
0:38:44 > 0:38:46have responded to the court.
0:38:46 > 0:38:50They're claiming either the return of the car that they bought
0:38:50 > 0:38:53and then had to take back, or the £2,000 they paid for the car,
0:38:53 > 0:38:56plus £200 for removing the courtesy car
0:38:56 > 0:38:59and £300 for other transport costs.
0:39:00 > 0:39:03£2,500 in total.
0:39:04 > 0:39:07I'm heading back to find out if they've heard anything.
0:39:09 > 0:39:12- Pascal, nice to see you again. - Nice to see you, Gary.
0:39:12 > 0:39:14I hear you've got news from the court.
0:39:14 > 0:39:16Yes, I have, yes.
0:39:16 > 0:39:21This is the recent letter that I got from the court.
0:39:21 > 0:39:24And as we expected, the defendant didn't respond.
0:39:24 > 0:39:25Yes, that's what the court said.
0:39:25 > 0:39:28He didn't file a defence, so you've been granted
0:39:28 > 0:39:31- judgement in default. - Yeah, which is good news.
0:39:31 > 0:39:34- Well, congratulations on winning the case.- Yeah.
0:39:34 > 0:39:38And when you've finally got judgement and you've finally recovered your money,
0:39:38 > 0:39:41when this fellow's been exposed for a crook,
0:39:41 > 0:39:45- you still will have suffered two years of hell. - Oh, yes. That's right.
0:39:45 > 0:39:47Yeah. Which is painful.
0:39:47 > 0:39:49It's really painful to go through that.
0:39:49 > 0:39:53And he now has to pay you £2,594 forthwith,
0:39:53 > 0:39:57which includes, obviously, the money for the car,
0:39:57 > 0:39:59the money for having the car towed back to the garage
0:39:59 > 0:40:02- when it broke down and £95 court costs.- Yes.
0:40:05 > 0:40:08Well, Pascal and Blessing are not happy, and why should they be?
0:40:08 > 0:40:11They've been ripped off and for two years now they've been without their car
0:40:11 > 0:40:13and without their money.
0:40:13 > 0:40:15But now they've got the court judgement
0:40:15 > 0:40:17against Mr Quissanga and Jet Car Sales
0:40:17 > 0:40:20and they can finally get their money back via the bailiffs.
0:40:22 > 0:40:26We wrote to Jet Car Sales Ltd asking for an explanation.
0:40:26 > 0:40:28But they did not reply.
0:40:32 > 0:40:35Meanwhile in Lincoln, mother-of-five Maggie Hart
0:40:35 > 0:40:39is trying to recover the cost of a fitted kitchen she paid to Barrie Parkin.
0:40:39 > 0:40:44For over a year, she's tried to get her money back, whilst struggling with no worktops or drawer fronts.
0:40:44 > 0:40:47She's now taking him to court to return the money.
0:40:47 > 0:40:49Maggie's claim is the £2,000
0:40:49 > 0:40:54she paid for the kitchen and installation, plus £200 design fee.
0:40:54 > 0:40:57That's £2,200 in total.
0:40:57 > 0:41:00I was expecting to have to go to court.
0:41:00 > 0:41:05That's what I was waiting for - the date for me to go to court,
0:41:05 > 0:41:07but obviously, because he didn't respond,
0:41:07 > 0:41:12it was dealt with and that's it. He's got to pay that money now.
0:41:13 > 0:41:17It looks like Barrie Parkin is as good at answering a court summons
0:41:17 > 0:41:19as he is at building a kitchen.
0:41:19 > 0:41:21He didn't defend Maggie's action
0:41:21 > 0:41:24and when we wrote to him asking for an explanation,
0:41:24 > 0:41:26he didn't reply to us either.
0:41:26 > 0:41:28Maggie's won her case,
0:41:28 > 0:41:31and if he doesn't pay up, just like Pascal and Blessing,
0:41:31 > 0:41:35she can pass her claim to the bailiffs for enforcement.
0:41:35 > 0:41:39I just need to think about what's going to be the next step
0:41:39 > 0:41:43to have the most success, really, of getting my money back.
0:41:43 > 0:41:45Which...
0:41:45 > 0:41:47I will do,
0:41:47 > 0:41:49eventually!
0:41:49 > 0:41:51It might take some time, but I will!
0:41:55 > 0:41:58It's certainly worth doing, if you get ripped off.
0:41:58 > 0:42:01It's definitely worth doing.
0:42:01 > 0:42:03I would definitely just go to court.
0:42:05 > 0:42:06No doubt.
0:42:06 > 0:42:08Maggie is absolutely right.
0:42:08 > 0:42:12And just like Pascal and Blessing, she's taken the matter into her own hands
0:42:12 > 0:42:15and used the power of the courts to stand up for herself.
0:42:15 > 0:42:17They worked out who was at fault,
0:42:17 > 0:42:20took them to court, and both won their case.
0:42:20 > 0:42:22There are no guarantees when it comes to going to court
0:42:22 > 0:42:25and it should never be the first option,
0:42:25 > 0:42:28but when all else fails and no-one seems to listen,
0:42:28 > 0:42:30the law is there for us all.
0:42:30 > 0:42:32And we can use it to show we won't be beaten,
0:42:32 > 0:42:35just like Pascal, Blessing and Maggie.