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