Episode 4 The Legalizer



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Transcript


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I've had an interesting life -

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coal miner, fork-lift truck driver...

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..bricklayer, factory production line worker,

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fireman.

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

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But now I've got a new job.

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As a Queen's Counsel barrister,

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I know the law inside out.

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

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

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

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It's frustrating, costly and stressful.

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But I know consumers can fight back and get justice.

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I'm not here to represent anyone.

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But what I want is to empower you

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

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Today I'll be helping a couple who can't understand

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why the car trader they trusted has taken their car

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and won't give it back.

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That actually made me realise we are dealing with a dangerous person.

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But first I'm coming to the aid of a nurse

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whose kitchen is in need of intensive care.

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-I think everybody should have one like this.

-Hmm.

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

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and show them how they can use the law to get back what's theirs.

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Lincoln - home to mother and intensive care nurse Maggie Hart.

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My name's Maggie. I'm a single parent.

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I live in Lincoln.

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I've got five kids.

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They always want feeding.

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There's always somebody in this kitchen.

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With so many hungry mouths to feed,

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Maggie decided it was time she bought

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a brand-new fitted kitchen.

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I was browsing online at various sites.

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She found a kitchen supplier

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that was offering deals at the right price.

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And it looked really professional and it looked...

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Well, it looked fine, so I thought that was just what I'm looking for.

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Maggie called the kitchen company

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and agreed that a salesman could visit to give her a quote.

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When he arrived, Maggie was impressed by his attention to detail

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and happier still when he quoted her £2,000 for the kitchen

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and £1,160 for the fitting.

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I thought, if I'm going to get all that kitchen for that price,

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then that's brilliant.

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Maggie was asked to pay upfront before the work started.

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She paid £2,000 directly into the bank account of the salesman.

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I just thought that's what people normally do. I don't know.

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On the first day of work, Maggie was surprised when the salesman turned up himself to fit the kitchen.

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She was even more surprised with what he turned up in.

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Well, he just pulled up in his Jag.

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And then proceeded to empty the boot of all the flat-pack units.

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I thought, "Why haven't you got a van, like most workmen would have?"

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He came for four days.

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Then after that, he said, "I won't be here next Monday".

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I said, "Well, I'll see you Tuesday, then."

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I was hoping I'll have a nice kitchen,

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it'll all be finished by then.

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But of course, it wasn't.

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I never saw him again after that.

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Maggie hasn't seen him since.

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All he left her with was this.

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I've got a load of units that are very, very shoddily put together.

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There's no worktops, no doors.

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I think I could have probably done better myself.

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After ten weeks of trying to persuade the fitter to return,

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Maggie offered to finish the kitchen herself.

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She told him her sons would come and collect the doors and worktops.

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He took this as a threat.

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He said, um...

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"Oh, if you want to play it like that, I've got a dark side

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"and I can sort you out. If you want to cause trouble, then bring it on"

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was really what he was saying.

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For nearly a year, Maggie has had to cope with a kitchen she can barely use.

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And the kitchen fitter has refused to carry out the rest of the work.

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I work hard to get the things I get.

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As a single parent, I don't have a lot of spare money.

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Unless I get my money back off him,

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I don't have a lot of chance of now getting this finished.

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The name of the guy that came

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and did all this to my kitchen is Barrie Parkin.

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I'm not sure that kitchen is ever going to make a recovery.

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Consumer law is clear - when Barrie Parkin charged Maggie money to fit the kitchen,

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he made a contract with her.

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And if he leaves or makes a mess of the job,

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he's broken the contract,

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and she can get her money back.

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I'll be seeing Maggie later to help her get it.

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This is Blessing and Pascal.

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They live in Essex.

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They have a car that isn't theirs

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and the car that IS theirs is with the trader,

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who won't give it back until they give him back a car that isn't his.

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Confused? Let me explain.

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Blessing, Pascal's wife, wanted to buy a car for her work.

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And Pascal found a second-hand blue BMW

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on the website of an East London car trader.

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We wanted to obviously use a trader because of the reputation

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and also, if something goes wrong, we'd be able to go to the trader.

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The couple went to see the car and agreed to buy it for £2,000.

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But from the very first day she drove it,

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Blessing knew there was something wrong.

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Sometimes the car would stop in the middle of the road.

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Sometimes you could feel heat actually coming from the bonnet side.

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It got to the stage I thought, "No, this car is not safe to drive".

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Pascal and Blessing took the car back to the dealer,

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who said he would fix it.

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Blessing needed a car for work,

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so he agreed to provide her with a courtesy car, an old Audi.

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The first day I drove the so-called courtesy car

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was when the accident happened.

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The "accident" involved Blessing being trapped in the car

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when the electrical system failed

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and all the doors and windows locked shut.

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The door could not open. The car could not start.

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So I started basically crying.

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The fear - the psychological fear - "My God, my God, my God!"

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Luckily, a passing couple saw what had happened and called the fire brigade.

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The whole side had to be cut.

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By that time, I just fell on the floor.

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So they had to call paramedics immediately.

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While Blessing was recovering in hospital,

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Pascal called the garage owner and told him what had happened.

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To Pascal's amazement,

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the trader told him the car wasn't insured.

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Worse still, he said that he would have to pay for the repair.

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When I spoke to him, he was using the words "in its original standard" -

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that the car is damaged, so therefore we should go and buy him a new standard of the Audi

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before he can release the BMW.

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Things then became even more bizarre.

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A woman telephoned Pascal to tell him the Audi was actually hers

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and the trader had given it to them without her permission.

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That actually kind of made me realise deeply

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that we are dealing with a dangerous person.

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He lied and told us the car is a courtesy car

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and it's insured and it's roadworthy.

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All these three things were lies.

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For over a year, Blessing and Pascal have been locked in a stalemate

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with the car trader, known as Quissanga.

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He's refusing to return Blessing's car or her money.

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The couple are now left with a total wreck

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that doesn't belong to them stuck on their drive.

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What we want is our money back.

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I nearly lost my life because of two faulty cars

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that this Quissanga has given.

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He cannot go on. No way!

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I've never seen anything quite like this.

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Pascal and Blessing were right to think that, if they bought the car from a reputable dealer,

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they'd be protected by consumer law.

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But as we'll see later, if the dealer ignores that law,

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they may have to use the courts to get what they're owed.

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Back now to Maggie Hart.

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She thought she'd got herself a bargain

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when she paid a salesman £2,000 for a brand-new fitted kitchen.

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Unfortunately, this is what she got.

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Unsurprisingly, Maggie wants her money back.

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Maggie thought she was getting a bargain kitchen for £2,000.

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Quite frankly, this kitchen wouldn't have been a bargain for £2.

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I'd better go and find out from Maggie what she thought she was getting for her money.

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On the face of it, Maggie has a very strong case.

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With my help, she should be able to stand up to this so-called kitchen fitter.

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-Maggie.

-Hello.

-Gary Bell.

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-Am I glad to see you!

-That's what they all say!

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Welcome to my kitchen.

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This is fantastic. Is it finished yet?

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Yes. Well, as far as Barrie Parkin's concerned, yes, it is.

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It's really handy, actually, because we sometimes lose things

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and we have to look through all the cupboards, but you can see where everything is.

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'Maggie said she wanted a special kitchen.

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'Well, the one she got certainly has some unique features.'

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-You can put things in here very easily without the tops.

-Yeah.

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This is a great drawer(!)

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You can kind of decide which end you want the gap.

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-Fantastic tap.

-Very sturdy. Look at that.

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It's great, isn't it?

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Oh, dear.

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How long did it take him to do it - 20 minutes?

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Four days.

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-I think everybody should have one like this.

-Hmm.

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I'm sure Barrie Parkin does as well.

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-Right, let's have a look at what paperwork you have got from this charlatan.

-OK.

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Alleged charlatan.

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Now, before I put my coffee cup down on here,

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-Barrie didn't build this table, did he?

-No, you're safe.

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-He hasn't touched this table.

-Perfect.

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Right, let's see what we've got.

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-So you paid out in total £2,000.

-Yeah.

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-Any more?

-Plus the 200 of...

-Plus the 200 to have this kitchen designed.

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Designed, yeah.

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-So £2,200?

-Mm-hm.

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To him.

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'I'm no expert in the kitchen, but even I can see there's something wrong with this one.

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'Maggie wants Barrie Parkin to return the £2,000 she paid him for the kitchen,

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'plus £200 she paid him to design this bespoke masterpiece.

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'£2,200 in total.

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'What I need to work out is whether Barrie Parkin

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'is a company or a sole trader.'

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So this is what you've got.

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"J Parkin, sole proprietor of JBC Marketing."

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'So Barrie was acting as a sole trader,

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'not a limited company,

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'which means he can't hide behind the company name.

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'Maggie paid the money directly to him,

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'so Maggie will need to ask him personally

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'for her money back.'

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What are you looking to get out of this?

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Well, I want my money back off him.

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I don't want him to come and finish it, obviously.

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-I don't want him anywhere near here.

-But you've been daft, haven't you?

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-Handing over that cash.

-I have.

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And now, when I look back, I think how stupid I've been.

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But, you know, it's just the way he came in.

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-It was very kind of persuasive and very...

-Yeah.

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I don't know, believable.

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Do you want to try and give him a call now and have one last attempt to make him put this right?

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I really don't want to speak to him any more,

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because the last time that I spoke to him, he was very threatening on the phone.

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'There's no reason Maggie should feel intimidated by Barrie Parkin,

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'unless he's going to come over and fit another kitchen for her.

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'But if he won't talk civilly on the phone,

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'then it's time for a letter before action,

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'which tells him if he doesn't pay up, she will sue.'

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We know he's Barrie Parkin. We know he's sole proprietor.

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And we know the address that he's living at, the Hucknall address.

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So let's get that letter drafted.

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Mm-hm. Yep.

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'In Maggie's letter before action,

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'she needs to remind Barrie that he didn't finish the kitchen to the standard they agreed

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'and make it clear why she's not happy with it.

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'She also needs to give him a deadline of 14 days

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'to pay back the £2,200 she gave him.

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'Maggie must show she's given Barrie Parkin

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'a fair opportunity to pay up.'

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So we need to let him know that if he doesn't respond and pay this money back within 14 days

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that we'll take him to court.

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'Once Barrie Parkin sees this letter,

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he'll know that Maggie means business.

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'Let's hope he pays up

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'and makes amends for the mess' he's left her in.

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That kitchen is an absolute disgrace.

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£2,200 she's paid for that.

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We need to get her money back.

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Blessing and Pascal bought a car from an East London car trader that went wrong.

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So they took it back and he gave them a courtesy car.

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But that also went wrong.

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Blessing was trapped inside and the fire brigade

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had to rip the doors off to get her out.

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The trader now won't return their car

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until they pay for this one.

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I'm going to have to go to Essex to see this so-called courtesy car for myself.

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Pascal and Blessing are very upset about what's happened to them

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and I want to help them untangle this mess.

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-Hello, Gary.

-Hi, Pascal.

-Hello.

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-And that must be Blessing.

-How are you?

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Very well, thanks.

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-Going to try and sort out this car problem you've got.

-Yes.

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-The only car you've got now is the Audi, is that right?

-That's right.

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-Can we go and have a look at that?

-It's just there.

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Super.

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-So this is it, is it?

-Yes, this is the courtesy car.

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The courtesy car that didn't belong to him?

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That didn't belong to him,

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that Quissanga gave to us.

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-This car was given you as a loan car while your BMW was being repaired?

-Yes. That's right.

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-He said to us that this car was insured for us to drive.

-Yes.

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And it was only when this accident happened,

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that the car trapped my wife,

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that he now says the car was not insured.

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-So you'd been driving the car without insurance?

-Without insurance,

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-believing the car was insured.

-Through his company insurance.

-Yes.

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So you were in this car, then none of the doors would work...

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When I started the car, the whole electrical system seized.

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The only way to get you out was to cut the door off?

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-Yes.

-So they cut this door off completely.

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-That's correct.

-Then you still couldn't get out the front door.

-No.

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-They had to drag you out between the seats.

-Very much so.

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-And take you off to hospital.

-That's right.

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-It must have been very shocking for you, the whole thing.

-Shocking.

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And then you found out that, not only was this car not insured,

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-but it didn't even belong to him.

-Exactly.

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We went to the police, Trading Standards. None of them...

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-They weren't interested?

-No, they were not interested.

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The police, they said they did their investigation,

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and then they found out that, basically, it is a civil case.

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So, it's been a very, very tough battle with him.

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It's like, kind of...you know...

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a mouse trying to move a mountain, basically.

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Between us and him.

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'If the police and Trading Standards aren't interested,

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'Blessing and Pascal will have to solve this for themselves.

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'And I'm going to help them.'

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Well, let's look at what paperwork you've got,

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-see what we can do to try and solve this.

-Yeah, OK. That's fine.

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'The car trader has refused to return Pascal and Blessing's BMW

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'until they return this car to its original state,

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'which would clearly cost more than the BMW is worth.

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'It's also wrong in law,

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'because, although they should have checked it was insured,

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'as a trader, he should have told them it wasn't.

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'And he shouldn't have loaned it to them without the owner's permission in the first place.

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'Pascal and Blessing want either the £2,000

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'they originally paid for the BMW,

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'or if it's been fully repaired and is now roadworthy, the car itself.

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'They've already sent a letter asking for this.'

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So you've sent a letter, recorded delivery,

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stating that if he doesn't give you your money back or your car back,

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-then you'll take him to court.

-That's right.

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'If it comes to court, it's important to work out

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'who's legally responsible.

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'Did they buy the car from a person or a company?'

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Now, let me just work this out.

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You went originally to his...

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-Garage. It was...

-E & Q.

-E & Q.

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You went to E & Q Cars and you saw Mr Quissanga.

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He has three garages.

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One at Enfield and one at Chelmsford.

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-Right.

-So they took the car from the one at Leytonstone, the garage at Leytonstone,

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-to Enfield, because they had space there.

-I see.

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And when you got there, it wasn't E & Q Cars, it was K & T Car Sales.

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I think so, yeah.

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But as far as you were concerned, it was the same company?

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It's the same company, yes.

0:18:580:19:00

'This is getting complicated now.

0:19:030:19:05

'I need to work out which of these companies is responsible.'

0:19:050:19:08

When you took the car in,

0:19:080:19:10

-did you take it to K & T Sales in Enfield?

-No.

0:19:100:19:14

-You took it to the original place?

-Yes.

-E & Q?

-Yes.

0:19:140:19:17

-And where is the BMW now?

-It's with him.

0:19:170:19:19

-Do we know it's with him?

-Well, we gave it to him.

0:19:190:19:22

-Do you know where it is?

-No.

-No. He told us he took it to his mechanic.

0:19:220:19:26

-Yeah.

-And that's it.

-Nine months ago?

-Nine months ago.

0:19:260:19:30

Right.

0:19:300:19:31

'Pascal and Blessing took the car

0:19:310:19:33

'to Mr Quissanga at his Leytonstone car dealership.

0:19:330:19:36

'There is where they will hopefully find the company they need to sue.'

0:19:360:19:42

This is a very tangled web.

0:19:420:19:44

Pascal and Blessing have got a car on the drive that doesn't work,

0:19:440:19:47

they don't want, that doesn't belong to them or Mr Quissanga.

0:19:470:19:49

'Let's hope Pascal and Blessing get a reply

0:19:490:19:52

'to their letter before action.'

0:19:520:19:55

My name is Gary Bell

0:19:570:19:59

and, as a QC, I spend most of my working life

0:19:590:20:02

dealing with major court cases.

0:20:020:20:04

But I haven't always been a barrister.

0:20:040:20:06

I've known some tough times,

0:20:060:20:08

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

0:20:080:20:11

I want to show you how you can use the courts

0:20:110:20:15

to recover your money.

0:20:150:20:16

Maggie Hart thought she was having a brand-new kitchen fitted.

0:20:200:20:23

But this is what she got.

0:20:230:20:25

She wants her money back, and I'm helping her.

0:20:260:20:29

So far, she's sent a letter before action,

0:20:290:20:31

asking for a full refund from the kitchen fitter, Barrie Parkin.

0:20:310:20:35

Sadly, Maggie's experience is all too common -

0:20:360:20:38

a tradesman starts a job,

0:20:380:20:40

he's paid upfront, the work stops

0:20:400:20:42

and then he disappears with all the money.

0:20:420:20:45

All of Maggie's paperwork was for a company called JBC Marketing.

0:20:460:20:50

And Barrie Parkin said he was the sole proprietor.

0:20:500:20:53

So there's no limited company to look for.

0:20:530:20:55

If Maggie had typed his name into a search engine,

0:20:570:20:59

she'd find it linked to other companies -

0:20:590:21:02

JBC Conservatories Nottingham,

0:21:020:21:04

Nottingham Handyman Services

0:21:040:21:06

and here, The Dream Maker in Hucknall.

0:21:060:21:09

It looks like Barrie's been busy all over the area.

0:21:110:21:14

My name's Derek. I live on my own.

0:21:190:21:22

I am 70.

0:21:220:21:23

Retired. I play golf.

0:21:250:21:27

And I play golf!

0:21:290:21:31

In between playing golf, Derek does cook for himself.

0:21:380:21:41

So he decided he wanted a new kitchen

0:21:410:21:43

and went to his local DIY store.

0:21:430:21:46

They said, "What we'll do is get a representative come out and see you,

0:21:460:21:50

"give you a price and we'll go from there."

0:21:500:21:53

The DIY store were good to their word, and a kitchen designer turned up.

0:21:530:21:58

Well...Barrie Parkin turned up.

0:21:580:22:00

The spiel he gave me as regards selling - top class.

0:22:020:22:05

He could sell. There's no arguing about it.

0:22:050:22:09

Barrie sold Derek a £3,000 kitchen

0:22:090:22:11

and Derek was very happy with the deal.

0:22:110:22:14

The fitter then came - not Barrie this time -

0:22:140:22:17

and spent four days putting in the new kitchen.

0:22:170:22:20

But when the work was done, Derek wasn't happy any more.

0:22:200:22:24

You can see what the problem is. The drawers are not closing right.

0:22:270:22:31

They're not lined up right.

0:22:310:22:33

The chip on the top of the worktop.

0:22:330:22:35

I said, "I just want it doing, that's all," which I did.

0:22:350:22:39

If you bought a car from a garage and it's got a dent on it,

0:22:390:22:42

and they said, "It's just part of the job," you wouldn't accept it.

0:22:420:22:45

And I wasn't going to accept it.

0:22:450:22:47

They started to rile me a bit, they did!

0:22:470:22:49

I started asking questions.

0:22:540:22:56

Then they started saying, "I'll be there at nine o'clock"

0:22:560:23:00

and then it'd be one o'clock before he got there.

0:23:000:23:02

Not one to sit around when there was golf to be played,

0:23:020:23:05

Derek started to lose patience with Barrie.

0:23:050:23:08

And then they'd say, "I can't stop long, cos I've got to go somewhere else."

0:23:080:23:12

I'd say, "What about finishing this?" They'd say, "I'll come back and finish it."

0:23:120:23:16

And that's how it was right until the end. I really got fed up with them.

0:23:160:23:19

I'm not denying I got a good price for the kitchen,

0:23:190:23:22

but I still wanted it finishing.

0:23:220:23:23

I would not recommend him to do anybody any work on anybody's property,

0:23:250:23:28

whether it's a kitchen, building or anything else.

0:23:280:23:31

I can't truthfully say about building, because I don't know what his building work's like,

0:23:310:23:35

but I can only go on the kitchen I've had supplied and fitted.

0:23:350:23:38

Derek may not know what Barrie Parkin's building work is like,

0:23:390:23:42

but just down the road in Mansfield

0:23:420:23:44

live a couple who know exactly what can happen

0:23:440:23:47

when Barrie Parkin turns his hand to construction.

0:23:470:23:50

My name's Andrew Watterson. I live with my wife Lynn

0:23:560:24:00

and my daughter Bethany.

0:24:000:24:02

We've got a good relationship. We're quite happy...

0:24:020:24:05

apart from when we have a cowboy builder!

0:24:050:24:09

The Wattersons wanted to have a new retaining wall and driveway built.

0:24:120:24:16

They contacted a local builder, who gave them a quote.

0:24:160:24:19

He said he'd had 40 years' experience.

0:24:210:24:23

He came up with lots of technical jargon,

0:24:230:24:27

quoting lots of rules and regulations.

0:24:270:24:31

Mr and Mrs Watterson were quite sure

0:24:310:24:33

they'd got the right man for the job.

0:24:330:24:36

That is, until he started the work.

0:24:360:24:39

First thing he did was dig straight through the electric cable.

0:24:420:24:45

That was the first day.

0:24:450:24:47

The second day...um...

0:24:500:24:52

he didn't turn up.

0:24:520:24:54

Then the following day,

0:24:540:24:56

they'd laid the foundations.

0:24:560:24:59

It was like a war zone.

0:24:590:25:01

The wall was leaning.

0:25:030:25:05

None of the corners were straight.

0:25:060:25:08

There was big gaps in between the mortar.

0:25:080:25:11

Barrie Parkin started to use their garden as a dump.

0:25:130:25:16

And then had the audacity to hang an advertising sign on their wall.

0:25:180:25:22

It was Dream Makers Group,

0:25:280:25:30

which is more like a nightmares group!

0:25:300:25:32

Underneath that, it said "Built with pride and passion".

0:25:320:25:37

That is a complete and utter joke!

0:25:390:25:42

Barrie Parkin claiming to be a dream maker?

0:25:450:25:47

I think we can safely add false advertising

0:25:470:25:50

to the list of complaints the Wattersons have against him.

0:25:500:25:54

As well as the £5,000 they'd paid Barrie Parkin,

0:25:550:25:58

they then had to pay another builder £5,000

0:25:580:26:01

to get the wall done properly.

0:26:010:26:03

When he turns up, he can talk the talk, but he cannot walk the walk.

0:26:030:26:08

All he wants is the money.

0:26:090:26:11

His name is Barrie Parkin.

0:26:130:26:15

He couldn't build a Lego house.

0:26:160:26:19

He couldn't build a Lego wall.

0:26:190:26:21

Intensive care nurse Maggie

0:26:260:26:28

is definitely not alone in being unhappy with Barrie Parkin's work.

0:26:280:26:32

The law that protects consumers is clear -

0:26:360:26:38

if you make a promise, that's what you have to deliver.

0:26:380:26:41

It's a binding contract.

0:26:410:26:43

But if this case goes to court,

0:26:430:26:46

Barrie Parkin may argue that Maggie got the kitchen she paid for

0:26:460:26:50

and is just being unfairly critical.

0:26:500:26:52

So I've called in expert witness Jerry Ponder.

0:26:560:26:59

I wonder if he can pinpoint exactly what's wrong?

0:26:590:27:02

Well, this is my first view of the kitchen,

0:27:060:27:09

but straight away, there are some very obvious problems.

0:27:090:27:12

There are no work surfaces,

0:27:120:27:13

no doors on the cabinets.

0:27:130:27:15

The extractor here doesn't go anywhere - there's no ducting,

0:27:170:27:20

there's no chimney on top of it.

0:27:200:27:22

If the wall units had been set a little bit lower,

0:27:230:27:26

it wouldn't have been necessary to cut the cornice there.

0:27:260:27:29

The tap is mounted on a temporary board,

0:27:290:27:34

which is very rough.

0:27:340:27:36

The doors and drawer front's missing.

0:27:510:27:53

Yeah, there should be an end support panel here.

0:27:530:27:56

No edging on the plinths.

0:27:560:27:59

These blanking plates look as if they should have sockets on them.

0:27:590:28:04

At least this one here. In a case like this,

0:28:040:28:07

where you've got a feature brick wall, that's just a mess.

0:28:070:28:10

I think those are the main problems.

0:28:100:28:12

This kitchen is probably the worst case

0:28:130:28:16

that I've been called in to provide a report on.

0:28:160:28:20

This kitchen is not finished.

0:28:200:28:24

All in all, a disaster.

0:28:270:28:28

As professional opinions go, that could not be clearer.

0:28:280:28:32

If this case goes to court,

0:28:320:28:34

the judge may well want an expert's report

0:28:340:28:36

or even an expert to give evidence at the hearing.

0:28:360:28:39

We don't know if this will be necessary yet,

0:28:390:28:41

so we asked Jerry to hold off writing his report until then.

0:28:410:28:45

Back now to the case of the couple whose faulty car

0:28:480:28:51

has been taken in for repair by the dealer who won't return it.

0:28:510:28:54

They've already sent a letter before action

0:28:540:28:57

and are waiting to hear back.

0:28:570:28:59

If they don't get a response, they may need to start a court claim.

0:28:590:29:02

The issue then will be which company the couple should take to court.

0:29:020:29:07

Mr Quissanga operated under a number of different company names.

0:29:120:29:16

The question is - who do Pascal and Blessing take to court?

0:29:160:29:20

The car was advertised by E & Q Cars Ltd.

0:29:240:29:27

They bought it from K & T Cars,

0:29:290:29:31

but then took it back to Jet Car Sales Ltd.

0:29:310:29:35

K & T Cars and E & Q Cars Ltd have now both been dissolved.

0:29:410:29:47

But Jet Car Sales Ltd is still trading from the Leytonstone address

0:29:490:29:54

and Quissanga Baptista Alberto is listed as the director.

0:29:540:29:58

When Pascal and Blessing handed the car over to Mr Quissanga for repair,

0:30:000:30:04

it was at this company - Jet Car Sales Ltd.

0:30:040:30:08

They still have the car,

0:30:080:30:09

so it's that company that need to be taken to court.

0:30:090:30:12

Car dealers are covered under consumer law.

0:30:120:30:15

The car has to be fit for the purpose for which it is purchased.

0:30:150:30:19

And if a second-hand car goes wrong straight away,

0:30:190:30:22

you should take it back and demand that the dealer repair it

0:30:220:30:25

or give you a full refund.

0:30:250:30:27

Even so, I think it's always a good idea

0:30:320:30:35

to check out any dealer online before you purchase.

0:30:350:30:38

And the online reviews for Jet Car Sales Ltd are pretty off-putting.

0:30:380:30:43

This is Lee.

0:30:470:30:49

He's a self-employed decorator.

0:30:510:30:53

Having a car is pretty important to me.

0:30:550:30:56

If I didn't have my car, I wouldn't be able to work

0:30:560:30:59

and I definitely wouldn't be able to support my family.

0:30:590:31:02

When Lee was looking for a new car, he found the exact model he wanted -

0:31:020:31:07

a second-hand Vauxhall Vectra at Jet Car Sales Ltd.

0:31:070:31:11

It's more or less one of the top of the range models for a diesel -

0:31:110:31:15

it's the SRi, comes with all the luxury toys.

0:31:150:31:17

I pretty much did have my heart set on that car, yeah.

0:31:170:31:20

Lee took his family on the train up to London.

0:31:200:31:23

He liked the look of the car and bought it for cash.

0:31:230:31:26

On the spot.

0:31:260:31:28

They then set out on the long drive home.

0:31:280:31:30

I got the majority of the way home.

0:31:330:31:35

Then about 30 to 35 miles, it started vibrating real bad.

0:31:350:31:39

From when I got it home, I parked it on my mum's drive

0:31:390:31:43

and that's where it's sat from there.

0:31:430:31:45

Lee was devastated that he'd spent all his money on a wreck.

0:31:490:31:52

He called Jet Car Sales Ltd, but the dealer didn't want to know.

0:31:520:31:56

Having no joy with Quissanga, Lee turned to his stepdad,

0:31:560:32:00

who, luckily, is a mechanic.

0:32:000:32:02

Normally my son knows his way around a vehicle.

0:32:020:32:05

I think, on this occasion,

0:32:050:32:07

he bought with his heart rather than his head.

0:32:070:32:09

Lee's stepdad worked day and night to fix the faults.

0:32:090:32:13

They had to replace the whole engine and clutch.

0:32:130:32:15

The car's now back on the road, but it's cost Lee over £1,000 to put it right.

0:32:150:32:21

And that doesn't include all the hours his stepfather had put in.

0:32:210:32:25

I would say we spent about 30 hours, if not more,

0:32:250:32:28

on the vehicle, to get anywhere near where it was useable.

0:32:280:32:32

Lee asked Quissanga to cover the cost of the repairs.

0:32:340:32:37

Instead, the trader said he was only too happy to have the car back

0:32:370:32:41

now that it was fully roadworthy and repaired.

0:32:410:32:44

Basically, all I got from the guy was just "Bring the car back".

0:32:440:32:47

My argument was I've spent a lot of money on the car,

0:32:470:32:51

putting it right - why am I going to bring a decent car back to you?

0:32:510:32:54

I just cannot believe how someone can get away with ripping so many people off.

0:32:540:32:59

I can understand maybe ripping one guy off

0:32:590:33:01

and maybe getting away with it,

0:33:010:33:02

but he seems to have done it to a fair few people.

0:33:020:33:05

And one of those fair few people is former jet aircraft engineer Paul.

0:33:070:33:13

He knows all about Quissanga and his many companies.

0:33:150:33:19

He bought this car from Quissanga at the Leytonstone address.

0:33:200:33:24

I drove the car back. I had no real problems with it.

0:33:240:33:26

The next morning, I was cleaning it, going through it,

0:33:260:33:29

and I found some paperwork in the glove compartment.

0:33:290:33:31

And one of it was an old receipt.

0:33:310:33:33

An old garage receipt that had a different mileage on it.

0:33:330:33:36

The document showed that the car had once had a much higher mileage

0:33:380:33:41

than the number shown on the milometer.

0:33:410:33:44

20,000 miles more, in fact.

0:33:440:33:47

My whole reason for buying the car

0:33:500:33:52

was to buy a low-mileage car to put a lot of miles on.

0:33:520:33:55

For Paul, these extra miles meant he'd paid way too much for the car.

0:33:550:34:00

I contacted the previous owner.

0:34:020:34:04

He told me the mileage that he sold it to the dealer on.

0:34:040:34:07

So I automatically knew then the dealer had clocked the car.

0:34:070:34:10

"Clocking" is when the recorded miles on a vehicle are rewound

0:34:100:34:14

to increase the vehicle's value.

0:34:140:34:16

It's a criminal offence.

0:34:160:34:18

I wanted him to take the car back, give me my money back.

0:34:180:34:21

I did not want the car anywhere near me.

0:34:210:34:23

Paul tried endlessly to get his money back from Quissanga.

0:34:250:34:28

He won his court case.

0:34:280:34:30

But Quissanga evaded justice by closing down the company.

0:34:300:34:34

E & Q Cars was dissolved in November 2010.

0:34:340:34:39

And Jet Cars was started up.

0:34:390:34:41

I'm feeling totally disgusted that somebody can form businesses,

0:34:410:34:45

fold businesses, form businesses and the authorities do nothing.

0:34:450:34:49

Absolutely nothing.

0:34:490:34:51

Once a limited company has a court judgement against it,

0:34:540:34:56

it's possible to stop that company being dissolved.

0:34:560:34:59

Because Pascal and Blessing left their car with Jet Car Sales Ltd,

0:34:590:35:03

that's who they should sue.

0:35:030:35:05

And they're in luck - Jet Car Sales Ltd is still trading,

0:35:050:35:09

so they can start a claim.

0:35:090:35:11

Once they get a judgement,

0:35:110:35:13

they can try to prevent it from being dissolved.

0:35:130:35:16

The 14 days they gave Jet Car Sales Ltd to return their money has now passed.

0:35:160:35:20

So that's exactly what they should do.

0:35:200:35:23

To start their claim, they simply need to go online.

0:35:240:35:27

In the Claimant box they put themselves

0:35:270:35:30

and, in the Defendants box, they put Jet Car Sales Ltd.

0:35:300:35:33

Next are the brief details of the claim -

0:35:330:35:35

that they bought the car from a trader,

0:35:350:35:38

that it was faulty,

0:35:380:35:39

that they took it back to be fixed

0:35:390:35:41

and were given a courtesy car that was also faulty,

0:35:410:35:43

and that the trader owes them a refund

0:35:430:35:46

or the return of the car.

0:35:460:35:48

Then the value - £2,000 for the car

0:35:500:35:52

and then they can add the court fee, which is £80.

0:35:520:35:55

When the court receives this,

0:35:550:35:58

a letter will be sent to Quissanga, giving him a time limit to respond.

0:35:580:36:01

Let's hope that, for Pascal and Blessing's sake,

0:36:010:36:05

he sees sense and gives them their money back.

0:36:050:36:08

I've been helping Maggie Hart sort out the mess left behind

0:36:140:36:17

by a builder who's been leaving a trail of destruction

0:36:170:36:20

across the East Midlands and Lincolnshire.

0:36:200:36:23

Maggie's given Barrie Parkin 14 days to return all the money she paid him

0:36:230:36:28

to design and fit this kitchen.

0:36:280:36:30

It's time to go back to Lincoln to see if she's heard anything.

0:36:300:36:34

-So you've heard nothing from him?

-No.

0:36:340:36:37

Well, I'm not surprised, because we've been doing some investigating into him.

0:36:370:36:41

He's got a number of different names -

0:36:410:36:44

Nottingham Handyman Services,

0:36:440:36:46

or, my particular favourite, Dream Maker.

0:36:460:36:49

SHE LAUGHS

0:36:490:36:51

'To put an end to Maggie's nightmare,

0:36:510:36:53

'she'll need to fill in the claim form.

0:36:530:36:56

'Once Maggie puts her details in, she needs to name a defendant.'

0:36:560:36:59

Barrie Parkin,

0:36:590:37:01

and we'll put him down as...

0:37:010:37:03

JBC Marketing and Building Consultants.

0:37:030:37:06

'Next, the brief details of the claim -

0:37:060:37:08

'that Barrie Parkin left the kitchen not fit for purpose

0:37:080:37:12

'and simply not finished.

0:37:120:37:14

'And then the value -

0:37:140:37:15

'everything she's paid to Barrie.

0:37:150:37:17

'So that's £2,200.'

0:37:170:37:20

I think that's cheap at the price,

0:37:210:37:23

-considering you've had to endure seven months of hell.

-Yeah.

0:37:230:37:28

Well, hopefully this letter will be the first step towards getting your money back

0:37:400:37:44

-so you can get a kitchen put in, so you can cook supper for your kids.

-Yeah!

0:37:440:37:47

There's the post box. Looks like Barrie Parkin's painted it!

0:37:480:37:51

It does.

0:37:510:37:53

Let's bring Barrie Parkin to court,

0:37:530:37:55

where he's no doubt got his own parking space.

0:37:550:37:58

And let him explain that kitchen to the judge.

0:37:580:38:00

Yes.

0:38:000:38:02

Let's just hope I get my money back from him.

0:38:020:38:04

If Barrie Parkin asked my advice as a QC,

0:38:080:38:10

I would tell him he's got no defence and he should pay up.

0:38:100:38:14

And go into something other than fitting kitchens.

0:38:140:38:17

Maggie's done everything she possibly can

0:38:190:38:21

to get this matter resolved amicably.

0:38:210:38:23

But she's now left with no option but to take Barrie Parkin to court.

0:38:230:38:28

We know from previous cases that he's likely to put up a defence,

0:38:280:38:31

but having seen the kitchen and having had an expert look at it,

0:38:310:38:35

I'd be very, very interested to know what that defence would be.

0:38:350:38:38

In Essex, Pascal and Blessing are waiting to hear if Jet Car Sales Ltd

0:38:400:38:44

have responded to the court.

0:38:440:38:46

They're claiming either the return of the car that they bought

0:38:460:38:50

and then had to take back, or the £2,000 they paid for the car,

0:38:500:38:53

plus £200 for removing the courtesy car

0:38:530:38:56

and £300 for other transport costs.

0:38:560:38:59

£2,500 in total.

0:39:000:39:03

I'm heading back to find out if they've heard anything.

0:39:040:39:07

-Pascal, nice to see you again.

-Nice to see you, Gary.

0:39:090:39:12

I hear you've got news from the court.

0:39:120:39:14

Yes, I have, yes.

0:39:140:39:16

This is the recent letter that I got from the court.

0:39:160:39:21

And as we expected, the defendant didn't respond.

0:39:210:39:24

Yes, that's what the court said.

0:39:240:39:25

He didn't file a defence, so you've been granted

0:39:250:39:28

-judgement in default.

-Yeah, which is good news.

0:39:280:39:31

-Well, congratulations on winning the case.

-Yeah.

0:39:310:39:34

And when you've finally got judgement and you've finally recovered your money,

0:39:340:39:38

when this fellow's been exposed for a crook,

0:39:380:39:41

-you still will have suffered two years of hell.

-Oh, yes. That's right.

0:39:410:39:45

Yeah. Which is painful.

0:39:450:39:47

It's really painful to go through that.

0:39:470:39:49

And he now has to pay you £2,594 forthwith,

0:39:490:39:53

which includes, obviously, the money for the car,

0:39:530:39:57

the money for having the car towed back to the garage

0:39:570:39:59

-when it broke down and £95 court costs.

-Yes.

0:39:590:40:02

Well, Pascal and Blessing are not happy, and why should they be?

0:40:050:40:08

They've been ripped off and for two years now they've been without their car

0:40:080:40:11

and without their money.

0:40:110:40:13

But now they've got the court judgement

0:40:130:40:15

against Mr Quissanga and Jet Car Sales

0:40:150:40:17

and they can finally get their money back via the bailiffs.

0:40:170:40:20

We wrote to Jet Car Sales Ltd asking for an explanation.

0:40:220:40:26

But they did not reply.

0:40:260:40:28

Meanwhile in Lincoln, mother-of-five Maggie Hart

0:40:320:40:35

is trying to recover the cost of a fitted kitchen she paid to Barrie Parkin.

0:40:350:40:39

For over a year, she's tried to get her money back, whilst struggling with no worktops or drawer fronts.

0:40:390:40:44

She's now taking him to court to return the money.

0:40:440:40:47

Maggie's claim is the £2,000

0:40:470:40:49

she paid for the kitchen and installation, plus £200 design fee.

0:40:490:40:54

That's £2,200 in total.

0:40:540:40:57

I was expecting to have to go to court.

0:40:570:41:00

That's what I was waiting for - the date for me to go to court,

0:41:000:41:05

but obviously, because he didn't respond,

0:41:050:41:07

it was dealt with and that's it. He's got to pay that money now.

0:41:070:41:12

It looks like Barrie Parkin is as good at answering a court summons

0:41:130:41:17

as he is at building a kitchen.

0:41:170:41:19

He didn't defend Maggie's action

0:41:190:41:21

and when we wrote to him asking for an explanation,

0:41:210:41:24

he didn't reply to us either.

0:41:240:41:26

Maggie's won her case,

0:41:260:41:28

and if he doesn't pay up, just like Pascal and Blessing,

0:41:280:41:31

she can pass her claim to the bailiffs for enforcement.

0:41:310:41:35

I just need to think about what's going to be the next step

0:41:350:41:39

to have the most success, really, of getting my money back.

0:41:390:41:43

Which...

0:41:430:41:45

I will do,

0:41:450:41:47

eventually!

0:41:470:41:49

It might take some time, but I will!

0:41:490:41:51

It's certainly worth doing, if you get ripped off.

0:41:550:41:58

It's definitely worth doing.

0:41:580:42:01

I would definitely just go to court.

0:42:010:42:03

No doubt.

0:42:050:42:06

Maggie is absolutely right.

0:42:060:42:08

And just like Pascal and Blessing, she's taken the matter into her own hands

0:42:080:42:12

and used the power of the courts to stand up for herself.

0:42:120:42:15

They worked out who was at fault,

0:42:150:42:17

took them to court, and both won their case.

0:42:170:42:20

There are no guarantees when it comes to going to court

0:42:200:42:22

and it should never be the first option,

0:42:220:42:25

but when all else fails and no-one seems to listen,

0:42:250:42:28

the law is there for us all.

0:42:280:42:30

And we can use it to show we won't be beaten,

0:42:300:42:32

just like Pascal, Blessing and Maggie.

0:42:320:42:35

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