Episode 5 The Legalizer



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Transcript


LineFromTo

I've had an interesting life.

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Coal miner, forklift truck driver,

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bricklayer, factory production line worker, 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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'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'm in Monmouthshire, with a family who have been driven

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to despair by a camper van.

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The mattress was wet with no electric,

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the oven hadn't been bolted in.

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That slid across the floor whilst we were driving.

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But first, I'm in Huddersfield,

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on the trail of a runaway mobility scooter dealer.

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'I'm going to help both of these women work out how much they're owed

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'and show them how they can use the law to get their money back.'

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This is the Altaf family.

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Dad Mohammed, mum Zahida, and the boys -

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Muhzamal, Awais and the little one, Mundasar.

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Dad is blind and mum Zahida has cerebral palsy.

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She's our mother first... and she is disabled.

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She likes to be very independent.

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Likes to go out and stuff like that.

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Zahida is very self-sufficient

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and for years had a mobility scooter to get around on.

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Always going around everywhere. She could get everywhere within minutes

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and it was, like, probably the easiest transport she's ever had.

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When Zahida's old scooter needed fixing, the family

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called in local dealer Peter Brown from a shop called Drivability.

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Once he was introduced to the family,

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he tried to sell Zahida a bigger, faster scooter.

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After several visits, she agreed.

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Peter Brown took her old scooter, some extra cash

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and agreed for the rest to be paid in instalments.

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But on only the second day out,

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the new scooter broke down in the middle of the road.

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TYRES SQUEAL HORN BLARES

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Her husband and youngest son came to the rescue.

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And then we got a call from her and we heard that the scooter broke down.

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I was so worried, I was actually shivering.

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Peter Brown took the scooter away for repair

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and then returned it again...

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with exactly the same problems.

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He now denied the second scooter was faulty, and when Zahida protested

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he took the scooter away, leaving her with nothing.

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-He took the scooter anyway.

-Yeah, he just took the scooter...

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-No word from him.

-No word from him. Just took the scooter and just went.

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Peter Brown refused to return Zahida's scooter,

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demanding she pay him the remaining £500.

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The family tried everything to get Mum's scooter back.

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Peter Brown wouldn't listen to the family, leaving Zahida

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without a scooter for two years. And now the Drivability shop has closed.

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I've been there twice, three times, four times.

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I've been there, he's not there.

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Peter Brown has now taken Zahida's original scooter,

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her new scooter, and the £1,460 it cost her.

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I just wish that my mum got her scooter back

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and then she'd have an easier life.

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This is, frankly, an appalling case.

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Zahida went to a trader

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who specialised in helping disabled people.

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He took her scooter and then closed his shop down without returning it.

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I'll be seeing Zahida later to try and track down who it is

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that has her scooter and her money, and help her get them back.

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Monmouthshire, Wales.

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Home to a family that's got a problem with a camper van.

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Meet Joanne Chappell.

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We have two boys.

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They're nine and seven. The oldest is called James,

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the youngest is called Nate.

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There is never enough hours in the day.

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It's nonstop. We don't get to sit down in our lounge, really.

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We are constantly doing something.

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As well as running three businesses and raising the kids...

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..Joanne has a hobby.

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MUSIC: "Back In Black" by AC/DC

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In their spare time, Joanne and her partner Dave like

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to take their motorbikes away for the weekend.

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You do end up spending the whole day on the bike,

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getting covered in mud and having no washing facilities.

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Travelling away with the bikes in the back of an old van

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was beginning to lose its appeal for Joanne

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until she came up with the idea of a multipurpose camper van,

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with room for the bikes and a luxury living space up front.

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The dream that we could have a shower, we could cook our tea,

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we'd sleep in comfort with heating and lighting,

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and make a nice weekend of it.

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Joanne bought a second-hand panel van to convert into the luxury

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camper van she'd dreamed of.

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She then found a company called Race Passion, who told her they

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could carry out the conversion, and quoted her £11,000 to do the job.

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Which they did.

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Except, when the van finally came back from the workshop...

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..it was anything but luxury.

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We went to North Wales.

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We woke up the following morning with no electric.

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The oven hadn't been bolted in - that slid across the floor

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whilst we were driving. There was water coming through the roof lights.

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The seating arrangement broke.

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The mattress was wet from where the roof lights had leaked.

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The van went straight back to Race Passion

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so that the faults would be fixed.

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In the end, after waiting for months and months,

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we thought we'd just have to collect it and sort it ourselves.

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When she got it home she discovered that none of the work had been done,

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and some parts were even missing.

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The van was in such a poor state that Joanne felt

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she needed to take it to another company for basic repairs,

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costing a further £3,000.

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And even after this work, it's still far from perfect.

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The dream was to go camping with the children,

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to go and take our motorbikes to places,

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just to take the kids' pedal bikes to a park would have been nice.

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We're over it now, it's gone.

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I think we will just go back to a van and a barbecue and forget the dream.

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Joanne's clearly not a happy camper.

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The original company that carried out the work should have done it

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to the agreed standard, and they didn't.

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It looks like a simple breach of contract to me,

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but if Joanne's going to get her money back,

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she's going to have to prove that breach.

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And I'll be seeing her later to help her go about doing just that.

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Back now to Zahida Altaf.

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She suffers from cerebral palsy

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and relied on a mobility scooter to get about.

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She bought one from a local disability specialist, Peter Brown.

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When it broke down he took it for repairs

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and then refused to return it.

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He's now closed his shop, and Zahida hasn't had a scooter for two years.

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I need to go to Huddersfield

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to find out more about this missing scooter salesman.

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The shop may have closed, but hopefully with my help

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and assistance, Zahida can track down whoever's got her scooter

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and try to get it or her money back.

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-Hello.

-Hi, Gary Bell. Thank you very much.

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I've read all about this case and can I say that I think it's

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disgraceful what's happened to you.

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And I came here, up the hill,

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-and that's a pretty difficult hill to walk up, isn't it?

-True.

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So this scooter, we're not talking about the scooters that the

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Mods used to drive down to Brighton, are we? It was a mobility scooter.

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You could get one of those.

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I'm good on those.

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So when you got this scooter, you paid £500 for your old scooter,

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-the comfy scooter that served you well.

-Yeah.

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And they offered to pay you £1,000 in part exchange for it.

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-Yes.

-That's very kind of them.

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Bargain Hunter of the Year - well, I don't think you would win that now,

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would you, the Bargain Hunter of the Year?

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So you had a scooter that worked, you bought a new scooter,

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-they took away your scooter.

-Yeah.

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You paid £800 and then £300 for the canopy, then £360 for the repair.

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So £1,460, and as a result of that now you don't have a scooter.

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-And you're trapped inside your own house.

-Oh, my goodness.

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And you want her to get out a bit, do you, Mohammed,

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-give you a bit of peace and quiet?

-Yeah.

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How has it affected your life, not having a scooter?

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It's disgraceful what's happened to you as a family.

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And this man needs to pay.

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Zahida's claim is a simple one.

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From Peter Brown she wants either the original scooter

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she bought, in good working order, or the money she gave him, back.

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But before I leave Huddersfield, I want to check out for myself

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the premises that he operated from.

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"Drivability Mobility Specialists.

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"To Let."

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"Drivability Centre.

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"Now open." I don't think so.

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Letter box crammed full of mail.

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This place seems to have shut down in a hurry.

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All the signs still in the windows.

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It looks like it should be open.

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Some businesses do close,

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particularly in these troubled times.

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But all they had to do was to give Zahida her scooter back.

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And they haven't done that.

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They've kept her scooter and they've kept her money.

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And now they've shut up shop.

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Meanwhile, Joanne Chappell bought a van

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and paid to have it converted into a dream camper van.

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When it finally came back - months late -

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almost none of the work was satisfactory,

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and she had to pay another company to repair the faults.

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On the face of it, this looks like a straightforward breach of contract.

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Joanne's paid for something and she hasn't got what she paid for.

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With my help and advice,

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Joanne should be able to get this problem solved for herself.

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-Hi, Gary Bell.

-Nice to meet you.

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Well, I've read all about your case but we need to see the van

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-if we can. Is it around?

-Yes, it's just over there.

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Goodness me, that's a bit of a beast.

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Right, let's go and have a look at it.

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So you bought this van just as a basic van, is that right?

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Yeah, we bought it about two years ago.

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And you wanted to partition it the way it's partitioned now,

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-effectively.

-Yes.

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So somewhere for the bikes, somewhere for you to sit.

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And then a bedroom up there and

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-there's a fold-out bed that would become a bedroom for the children.

-Yes.

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So tell me a bit about some of the problems you had.

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'Brace yourselves, Joanne has a list of problems

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'as long as a Russian novel.'

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The water tank was leaking water, so we had water round by the wires.

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The toilet leaked, so water would come into the living area.

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The cooker slid out and actually hit the side of the wall.

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-It is meant to be full of insulation.

-Oh, right.

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It's just being cheap and using offcuts rather than one whole piece.

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The tabletop leg doesn't go to the tabletop.

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All the leaking around all the windows where they'd used

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cheap-grade silicone.

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At least the cushions look nice. Did they make these themselves?

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No, they actually send these off to some other company to do

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so that is the best part of the van.

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I'm not a builder but I've seen them do that.

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HOLLOW TAPPING

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'Joanne tells me that several items were missing -

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'even the plug from the telly had been taken.'

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It's absolutely disgraceful that people can behave like that.

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How do you feel about the van?

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We can't keep it.

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It's just made us so unhappy and caused so much stress, that

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we will be selling the van and forgetting our dream of travelling.

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-And that's all gone now?

-That's all gone. The dream has gone.

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Right, Jo, let's go and have a look at the paperwork.

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-You're not a caravaner then, are you?

-No, no, I can't be done with it.

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I can't be done with it. My idea of a weekend is The Ritz.

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'OK, so I might not be much of a camper,

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'but even I can tell that that van was a shambles.

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'Some of the faults have been fixed by a reputable company.

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'But even after spending £3,000

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'Joanne's still not happy with the van.'

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Let's sit down and have a look at that paperwork then, shall we?

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-It's nice to have a table, isn't it?

-Yes.

-Not like in the van.

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-You thought about putting this one in the van?

-If only it would fit.

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What we need to do is verify exactly what your case is, and see

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if we've got evidence in this file to support it.

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'Whenever you spend a lot of money it's always important to keep

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'all of your paperwork, receipts, quotes and correspondence.

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'Joanne has been very diligent.

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'She's even got photographs showing the problems before the faults

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'were fixed.'

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So how long is it since you first dropped it off with him

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to when you got it back finally after it was fixed?

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It's been getting into the second year of just a nightmare,

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living nightmare. There's been tears and arguments, frustration,

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trying to get the van fixed.

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And now trying to get our money back.

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So from Paul Lloyd of Race Passion, Joanne's claim is...

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The tax expired while the van couldn't be used.

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-How many phone calls do you think you've made to him?

-Hundreds.

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He never answers his calls, ever.

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We will take him to court if we need to.

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-But that should be a last resort.

-Right.

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Why don't we just call him up and ask whether he'll pay on the phone?

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'I want Joanne to know how to do this for herself.

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'It's important that she makes this call.'

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PHONE RINGS

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Hi, Paul, it's Joanne with the camper.

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'First tip, always state your case calmly and clearly.'

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We've had all the work done on the camper to make it safe to use

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and to fix all the faulty items.

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'Well done, Joanne. Keep control of the situation.

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'Now let him know what you think he's done wrong.'

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You hadn't done any of the work...

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PHONE DISCONNECTS Paul, are you still there?

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'Well, that didn't go quite as well as I'd hoped.'

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Let's write him a letter.

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Tell him exactly what he did wrong and exactly what we want from him.

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Joanne needs to let him know that she wants all the costs and

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expenses that relate to the van to be repaid within a 14-day deadline.

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If not, she'll take the case to court.

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Let's hope this letter will get Joanne's problem solved.

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This case isn't just about shoddy workmanship to a van.

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It's about much more than that.

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It's about the lost dreams of an entire family.

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Joanne wants it over, and so do I.

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And finally, after a 16-month nightmare, the end is in sight.

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My name is Gary Bell, and as a QC I've spent most of my working life

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dealing with major court cases.

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But I haven't always been a barrister.

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I've known some tough times,

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

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

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Zahida Altaf was sold a mobility scooter

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by Peter Brown of Drivability.

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When the scooter went wrong, Zahida complained -

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and he took it away and refused to give it back.

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The shop he operated from has now closed,

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and for over two years Zahida has been without a scooter or her money.

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Peter Brown tried to get away with this,

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without any concern for the effect it would have on Zahida or her life.

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And she must now write to him,

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asking for the return of the scooter or the money.

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But she'll need somewhere to send the letter.

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He may have closed the shop

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but I bet he's left a trail on the internet.

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The website has lots of pictures of scooters.

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I wonder if one is Zahida's.

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But there are no contacts other than the closed-down premises.

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The shop was called Drivability.

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That may be a registered trademark that we can check online.

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And yes, sure enough, there it is - owned by Peter Brown.

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And here's his address.

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Zahida can now send him a letter before action

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asking for her scooter back.

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And it won't be the first letter before action

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that Peter Brown's ever received.

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This is Robert Batty, owner of a Drivability scooter.

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It looks quite a good motor.

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You know, the amount of people that have commented,

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"Oh, that looks a nice machine."

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For what they are, they're a good...

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They are good.

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But if they're not working right, they're neither use nor ornament.

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Robert paid a total of £3,500

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to Drivability for a six-month-old scooter.

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From day one, it had problems.

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Its battery was so faulty, Robert couldn't even get to town

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and back on one charge.

0:21:060:21:07

I was lucky to go down to Morrisons and back and...that were it.

0:21:110:21:17

That's roughly about a mile.

0:21:170:21:19

When Robert complained to Drivability,

0:21:190:21:21

he was surprised by Peter Brown's novel customer service style.

0:21:210:21:24

Roughly how he speaks, it's "Ah!

0:21:240:21:27

"They're new batteries, I've told you, I've put new ones in,

0:21:270:21:30

"nothing wrong with them!"

0:21:300:21:31

Then when he gets going, he speeds up.

0:21:330:21:36

He's "Ah, ah, ah!" He's like...a whippet at your leg.

0:21:360:21:40

But Robert's having none of it, and he's taken Peter Brown

0:21:440:21:47

and Drivability to court.

0:21:470:21:49

Taking him to court. If I don't get anything, unfortunately, that's it.

0:21:510:21:57

If I do, which I think I've a good chance,

0:21:570:22:00

then that's £299 in my pocket as a bonus now.

0:22:000:22:06

'Robert lost £299 to Peter Brown, no small amount.

0:22:110:22:16

'But on the other side of the many hills of Huddersfield,

0:22:160:22:19

'85-year-old Thomas Somerville is owed an awful lot more.

0:22:190:22:23

'Thomas lost his legs through diabetes

0:22:270:22:29

'and relies on his scooters.'

0:22:290:22:31

Well, it is a lifeline for me,

0:22:310:22:33

because I wouldn't manage to go out if I didn't have the scooter.

0:22:330:22:36

'Thomas needs his scooter so much, he's got an indoor

0:22:360:22:39

'and an outdoor one.

0:22:390:22:41

'Well, now, because of Peter Brown,

0:22:410:22:43

'he's actually got two outdoor scooters.

0:22:430:22:47

'Thomas bought a brand-new scooter from Drivability for £5,000.

0:22:470:22:52

'But no sooner had it been delivered than it started stopping.

0:22:520:22:55

'But when Thomas complained, Peter Brown refused to fix it

0:22:570:23:01

'and just made excuses for why it wasn't working.'

0:23:010:23:04

He says, "I'll tell you what's the matter."

0:23:050:23:08

I said, "Go on, then, tell me what's the matter."

0:23:080:23:12

He says, "Where you go down that road,"

0:23:120:23:15

he says, "there's people has electric doors on their garages,"

0:23:150:23:21

and he says, "that's what's causing it."

0:23:210:23:23

I just gave up.

0:23:260:23:27

Anyway, I says, "There's nobody with electric garages down that road."

0:23:270:23:33

I says, "I know that for definite."

0:23:330:23:35

'As an engineer, Thomas couldn't believe the excuses

0:23:370:23:40

'Peter Brown was making, and he knew the scooter was to blame.

0:23:400:23:44

'He also couldn't understand why

0:23:440:23:45

'Peter Brown wouldn't fix his scooter.'

0:23:450:23:48

When it was a new vehicle, and he'd got the guarantee

0:23:480:23:51

and everything there, so why is he carrying on like that?

0:23:510:23:54

That's the only thing I could think on.

0:23:540:23:56

'After months of trying to get Peter Brown to fix his brand-new

0:23:560:23:59

'scooter, Thomas got nowhere.

0:23:590:24:01

'As he needs a scooter to get about,

0:24:030:24:05

'he was forced to spend £5,000 to buy himself another one.

0:24:050:24:08

'He then set about using the courts to

0:24:100:24:12

'recover his money from Peter Brown.'

0:24:120:24:15

I took him to court and I won the case. And that's when he closed.

0:24:150:24:19

'The courts found in Thomas' favour,

0:24:190:24:22

'and he is now owed £5,000.

0:24:220:24:25

'But so far, Peter Brown has paid him nothing.'

0:24:250:24:28

I don't have a lot of finances or nothing, no.

0:24:300:24:33

No, no, I'm completely skint now. Yeah, yeah.

0:24:330:24:39

Like Robert and Thomas,

0:24:430:24:44

the only person Zahida ever dealt with was Peter Brown,

0:24:440:24:48

but if the case goes to court,

0:24:480:24:49

he may well claim it was nothing to do with him and blame a company.

0:24:490:24:53

But like Robert, Thomas and Zahida said,

0:24:530:24:55

everything leads to Peter Brown.

0:24:550:24:57

I'll be back to see Zahida

0:24:570:24:59

when the deadline on her letter before action is up.

0:24:590:25:02

'Back now to the case of Joanne Chappell,

0:25:020:25:04

'who dreamed of owning a camper van.

0:25:040:25:06

'After waiting months for her van to be converted, she discovered that it

0:25:070:25:11

'had been done so poorly she needed to pay another company to fix it.

0:25:110:25:15

'She's now sent a letter to the owner of Race Passion, Paul Lloyd,

0:25:150:25:19

'asking him to cover the cost of those repairs.'

0:25:190:25:22

When Joanne was on the phone to Paul Lloyd, he told her he had a whole

0:25:250:25:29

host of satisfied customers and that she could find them on his website.

0:25:290:25:33

As a lawyer, I don't take anybody's word for it.

0:25:330:25:36

I'm going to look at that website and check it out for myself.

0:25:360:25:39

I always think it's a good idea to go online and search the name of the

0:25:410:25:44

company you're dealing with before you spend a lot of money with them.

0:25:440:25:47

Try a search on the company name, and look in forums

0:25:470:25:50

and review sites to see what other customers think.

0:25:500:25:53

A quick look at the Race Passion website and, yes, it looks great.

0:25:530:25:57

Lots of nice photos of vans.

0:25:570:25:59

He even claims here that his vans feature only the best

0:26:010:26:04

craftsmanship and materials.

0:26:040:26:06

But I wonder, are all of his customers satisfied?

0:26:060:26:09

This one is for a bike racer called Simon Low.

0:26:090:26:12

My name's Simon, I race motorcycles in the British Championship.

0:26:170:26:22

MOTORBIKE REVS

0:26:220:26:24

The bike I run is a 125 Honda.

0:26:250:26:27

This is my Iveco van. We use it as a race van and also as a camper.

0:26:290:26:34

'Yes, this is "satisfied customer" Simon Low.

0:26:340:26:38

'Paul Lloyd had his van proudly displayed on the website.'

0:26:380:26:42

We saw Paul advertising Race Passion on the internet.

0:26:420:26:46

The website looked really good

0:26:460:26:48

and Paul said he would do a conversion for 15,000 for us,

0:26:480:26:51

which we thought was pretty good considering other companies

0:26:510:26:54

were offering about 30,000.

0:26:540:26:56

The first thing that happened was the bed collapsed.

0:26:560:26:58

Where the dado rail would be in a house, type thing, erm, that fell down.

0:26:580:27:02

The sink actually leaked,

0:27:020:27:03

then the strip of lighting that lit up the kitchen area, that fell down.

0:27:030:27:10

The gas heater started playing up. That eventually stopped working.

0:27:100:27:13

Whenever you turn the hot water on, it just leaks out, like, cold water.

0:27:130:27:18

Just from all the insides.

0:27:180:27:20

To be honest, our 50 quid caravan felt more homely.

0:27:200:27:24

No, he's not going to have his hands on this van again.

0:27:240:27:27

'And Simon's not alone.

0:27:310:27:33

'This van here on the company's website belongs to another

0:27:330:27:36

'so-called satisfied customer.

0:27:360:27:38

'Only she clearly isn't.

0:27:380:27:40

'In fact, she's so unhappy with her Race Passion van

0:27:400:27:44

'she's started her own blog detailing the problems.

0:27:440:27:47

'But up in Leicester, it's not a shoddy van that's the problem,

0:27:500:27:53

'it's the lack of one.

0:27:530:27:55

'Oh, and a missing £10,000.'

0:27:560:27:59

My name's John Bowman, I'm self-employed,

0:28:030:28:06

I have a business where I use a van, and basically the idea was to

0:28:060:28:10

have one van to use for pleasure and also for business.

0:28:100:28:14

The camper van was going to help us to do what we wanted to do,

0:28:140:28:17

which was basically, if we wanted to go out for a day

0:28:170:28:19

and stop overnight somewhere we could do, because we'd have the camper van.

0:28:190:28:22

So we found one on a site on the internet.

0:28:220:28:25

The site looked absolutely fantastic, and some of the vans

0:28:250:28:28

in the pictures were brilliant, it really did look good.

0:28:280:28:31

'John instructed Paul Lloyd at Race Passion to buy him

0:28:310:28:34

'a second-hand van and carry out his camper conversion.'

0:28:340:28:38

He said that he'd got me a van, sourced a van, told me all about it,

0:28:380:28:42

said he was happy with what it was.

0:28:420:28:43

I said, "OK, fine, what d'you want me to do?"

0:28:430:28:46

So he said, "Can you send me £10,000?"

0:28:460:28:49

Which I did do, erm, I sent him a cheque for £10,000,

0:28:490:28:51

and the biggest problem I had then was that he just wouldn't

0:28:510:28:55

answer any telephone calls, e-mails.

0:28:550:28:57

I just couldn't get in touch with the guy.

0:28:570:28:59

He was going to build it in December, he didn't.

0:28:590:29:01

He then said he was going to build it in January, he didn't.

0:29:010:29:03

He then said he would build us a race van

0:29:030:29:05

because he wouldn't give us our money back.

0:29:050:29:07

He would build a race van, sell it and then give us a full refund.

0:29:070:29:11

He didn't do that.

0:29:110:29:13

He kept on saying that he wanted to sort the problem out, but never did.

0:29:130:29:16

You just can't believe a word this man says.

0:29:160:29:19

I just want to stop this guy.

0:29:190:29:21

He needs stopping.

0:29:210:29:23

'Now, almost two years later, John still doesn't have his camper van

0:29:230:29:28

'or the £10,000 he sent to Paul Lloyd.'

0:29:280:29:30

It's completely destroyed us because we were so, so wanting to have a van.

0:29:320:29:36

'Alongside John, Joanne now seems very lucky.

0:29:410:29:45

'At least she got her van back.'

0:29:450:29:48

In all of my Crown Court cases,

0:29:480:29:50

supporting evidence is crucial to substantiating your claim.

0:29:500:29:54

It's the same in Joanne's case.

0:29:540:29:55

She's done very well, she's kept all of the paperwork,

0:29:550:29:59

she took photographs of the van before it was sent off for repairs.

0:29:590:30:02

But what we really need is an expert's opinion.

0:30:020:30:05

'Even though Joanne spent an extra £3,000 putting Paul Lloyd's

0:30:070:30:11

'shoddy work right, I'm still worried about that van.

0:30:110:30:15

'So I've contacted "Diamond Dave" Newell.

0:30:150:30:17

'He's the technical expert from Practical Motorhome magazine,

0:30:170:30:21

'and I've asked him to take a look.

0:30:210:30:23

'He might spot something everyone else has missed.'

0:30:230:30:26

Well, it's a big van.

0:30:260:30:28

Chequer plate floor.

0:30:300:30:31

That's the flue outlet for the fridge, which is

0:30:310:30:34

obviously obscured by the sliding door once the door is open.

0:30:340:30:37

There's also no heat vents for the fridge.

0:30:370:30:41

Got a Trumatic gas-fired space heater.

0:30:420:30:45

Vented out through the driver's side wall

0:30:460:30:50

immediately below an openable window.

0:30:500:30:52

If that was burning poorly, it could be producing carbon monoxide,

0:30:530:30:58

which is lethal.

0:30:580:30:59

The standard of finishing here is really quite poor.

0:30:590:31:02

It's completely un-insulated.

0:31:020:31:04

You're very quickly going to ruin this door

0:31:040:31:06

and this wall that isn't made of waterproof material.

0:31:060:31:09

Roof lights haven't been sealed properly.

0:31:090:31:11

That could do with some more support.

0:31:110:31:13

The ceiling panel isn't straight.

0:31:130:31:15

That finishing trim isn't adhered to the back panel at all.

0:31:150:31:18

I would certainly expect better than that. It's distinctly amateur.

0:31:180:31:22

The battery hasn't been vented down through the floor.

0:31:220:31:26

Lead acid batteries, when they're being charged,

0:31:260:31:28

give off hydrogen, which obviously is highly explosive.

0:31:280:31:32

This void here under the seat could very easily fill up with

0:31:330:31:37

a mixture of hydrogen and oxygen.

0:31:370:31:39

When the battery was charging,

0:31:390:31:40

it could blow this compartment clean out.

0:31:400:31:43

Any fool could see that Paul Lloyd had done a bodge job

0:31:450:31:49

on this camper van.

0:31:490:31:50

But it needed an expert to tell us that it was also dangerous.

0:31:500:31:53

'The 14 days Joanne gave Paul Lloyd to pay up have now passed,

0:31:580:32:02

'and she's heard absolutely nothing.'

0:32:020:32:04

Joanne has given him every chance to pay up.

0:32:080:32:11

She's phoned him, written to him.

0:32:110:32:13

We now know that Paul Lloyd's got previous for this sort of thing,

0:32:130:32:17

so the only option left for Joanne is to take him to court.

0:32:170:32:20

'To start an action in the small claim court,

0:32:230:32:26

'all you need to do is fill in the form online.

0:32:260:32:28

'You can download and print one, you can

0:32:280:32:30

'get a copy from your local court, or from the Citizens Advice Bureau.'

0:32:300:32:34

Right, so this is the claim form where we set out our claim.

0:32:360:32:39

Just put in a few personal details and the addresses.

0:32:390:32:42

'You'll need to enter the claimant's details, that's Joanne,

0:32:420:32:46

'and the defendant's, that's Paul Lloyd.

0:32:460:32:49

'Next, it's the brief details of your claim.

0:32:490:32:51

'Keep this as short as possible.'

0:32:510:32:53

It's a very small box so they only want brief details.

0:32:530:32:56

But it's there that we set out what it is that happened

0:32:560:32:59

and what it is we're asking for.

0:32:590:33:01

So firstly, how much did it cost you to have the work done

0:33:010:33:05

-to make the van safe?

-It cost us £3,000.

0:33:050:33:07

Well, that's the first thing

0:33:070:33:09

and that'll be the biggest sum of money on the value form.

0:33:090:33:11

'By adding up the basic repairs, missing items and MOT and tax,

0:33:110:33:16

'Joanne's claim is £4,407.

0:33:160:33:18

'Remember, you must tell the truth. This is a legal document.'

0:33:210:33:25

Well done, Joanne. This is the first step in getting your money back.

0:33:260:33:30

Yes, it'll be nice for it all to be over.

0:33:300:33:32

'Once this letter is posted, Paul Lloyd at Race Passion

0:33:320:33:36

'will need to answer to the British justice system.'

0:33:360:33:40

Right, well, there's the van.

0:33:400:33:43

And hopefully this is going to be the letter that sorts it all out

0:33:430:33:46

and gets your money back.

0:33:460:33:49

-Are you sure you want to do this?

-Yes.

-Sure you want to go to court?

0:33:490:33:51

Yes. It's been a nightmare. The man has been the bane of our life.

0:33:510:33:55

-Well done.

-Thank you.

0:33:550:33:56

'Let's hope for Joanne's sake a court summons will bring Paul Lloyd

0:33:560:34:00

'to his senses, and get him to pay up.'

0:34:000:34:03

From all we know about Paul Lloyd, we don't expect him to respond

0:34:030:34:06

to this court summons, but if he won't talk to us now,

0:34:060:34:08

he will talk to us in court.

0:34:080:34:11

'In Huddersfield, Zahida Altaf has sent a letter before action

0:34:140:34:17

'to Peter Brown, who sold her a mobility scooter

0:34:170:34:20

'and then took it away for repair and failed to give it back,

0:34:200:34:24

'leaving Zahida without a way to get about for over two years.

0:34:240:34:28

'She wants her scooter, or the money she paid for it, back.'

0:34:280:34:32

Zahida's had a reply from Peter Brown.

0:34:340:34:36

He said he's got nothing to do with her scooter

0:34:360:34:39

and she should contact the company she bought it from.

0:34:390:34:41

The problem is, she didn't buy it from a company,

0:34:410:34:44

she bought it from Peter Brown.

0:34:440:34:46

But if he won't pay up, she has no choice but to take him to court.

0:34:460:34:49

'Starting Zahida's claim is simple.'

0:34:510:34:54

I've got the small claims form here.

0:34:540:34:56

We can fill that in together now.

0:34:570:35:00

'Zahida is the claimant.'

0:35:000:35:02

For the defendant, you dealt with Peter Brown.

0:35:020:35:04

So we'll put Peter Brown down there as the defendant.

0:35:040:35:07

'Next, in the brief details of the claim box,

0:35:070:35:10

'I think it's important the judge understands

0:35:100:35:12

'exactly the situation Zahida is in.

0:35:120:35:15

'We can show how the scooter came to be taken by Peter Brown,

0:35:150:35:18

'and that since then he's ignored Zahida's requests.

0:35:180:35:22

'Now, the value.'

0:35:220:35:24

Now, the entire price you paid for this scooter

0:35:240:35:28

was £1,300, is that right?

0:35:280:35:29

No, it must be more. You had to pay an extra £1,300.

0:35:290:35:33

So, that's...

0:35:390:35:41

Let alone the trouble it's caused her family.

0:35:510:35:53

And what about the compensation for poor Mohammed?

0:35:550:35:58

He used to get a break from you when you went out,

0:35:580:36:00

now you're here all the time.

0:36:000:36:02

That's what my wife always says to me as well, Zahida.

0:36:060:36:09

-The rule in our house is that it's always my fault.

-Yes.

0:36:090:36:12

ZAHIDA LAUGHS

0:36:120:36:14

That's true.

0:36:140:36:16

'I've filled out this form for Zahida,

0:36:170:36:19

'and if you need help, you can always ask someone to fill in yours.

0:36:190:36:22

'The one thing you should check is that everything that's

0:36:220:36:25

'written on the form is true.'

0:36:250:36:28

You just have to sign it there, Zahida.

0:36:280:36:31

Sign it there and we'll deliver a new scooter for you

0:36:310:36:33

on Monday morning. Just give us all the money in your purse.

0:36:330:36:36

No! And try not to break it this time.

0:36:400:36:42

That's the first step to getting your scooter and your money back.

0:36:430:36:46

You're very brave doing this.

0:36:480:36:49

We want the scooter back, the money back, and we want to see this

0:36:530:36:56

fellow pay for his quite frankly disgraceful behaviour.

0:36:560:36:59

Taking away a scooter and not returning it

0:37:020:37:05

clearly meant little to Peter Brown,

0:37:050:37:08

but for Zahida, it means that she's been a prisoner

0:37:080:37:10

in her own home now for over two years.

0:37:100:37:13

She wants her money back, she wants her scooter back.

0:37:130:37:16

Let's hope that when Peter Brown receives this court application,

0:37:170:37:21

he realises what he's done.

0:37:210:37:23

In Monmouthshire, Joanne Chappell has been trying to recover

0:37:300:37:34

the cost of making good the camper van conversion that she had

0:37:340:37:37

carried out by Paul Lloyd of Race Passion.

0:37:370:37:40

Paul Lloyd failed to defend her claim,

0:38:050:38:07

and she's been given judgement in default,

0:38:070:38:10

meaning that he is now required to pay back all of the money

0:38:100:38:13

he owes, and Joanne's additional court costs.

0:38:130:38:17

The court awarded her a total of £4,627.

0:38:170:38:21

I've since heard from Joanne, and on the day she appointed bailiffs,

0:38:230:38:27

Paul Lloyd agreed to pay the money back in £500 instalments,

0:38:270:38:31

which he did.

0:38:310:38:33

Finally, after almost three years,

0:38:330:38:36

Joanne has recovered all of the money Paul Lloyd owed her.

0:38:360:38:39

And John Bowman also took Paul Lloyd to court,

0:38:390:38:42

won, and he's now been paid back in full.

0:38:420:38:45

We contacted Paul Lloyd to ask him about the cases,

0:38:450:38:48

but he didn't respond.

0:38:480:38:50

Zahida Altaf is waiting to hear back from the court in her

0:38:550:38:58

case against local mobility scooter salesman Peter Brown.

0:38:580:39:02

He sold her a faulty scooter, took it in for repair,

0:39:020:39:05

and then refused to give it back.

0:39:050:39:07

Zahida has been without a scooter now for two years.

0:39:070:39:10

From Peter Brown, Zahida is claiming...

0:39:110:39:14

Zahida's heard back from the court. Peter Brown has filed the defence.

0:39:310:39:35

He claims that Zahida bought her scooter from a totally

0:39:350:39:39

different company, and it has nothing to do with him.

0:39:390:39:42

He goes on to say that, as a sole trader,

0:39:420:39:45

he used the name Drivability, but stopped in 2007.

0:39:450:39:50

Zahida no longer has any paperwork with either Peter Brown

0:39:500:39:53

or Drivability's name on it.

0:39:530:39:56

But when Robert Batty bought a scooter,

0:39:560:39:58

around the same time that Zahida bought hers,

0:39:580:40:01

Peter Brown gave him a receipt clearly marked Drivability,

0:40:010:40:05

and that's the registered trademark that Peter Brown owns.

0:40:050:40:10

Zahida will now need to prove to the judge that it was Peter Brown

0:40:100:40:14

personally who sold her the scooter and then took it away,

0:40:140:40:18

and to do that, she'll need to take her evidence to court.

0:40:180:40:21

On the day of the hearing in Huddersfield, Peter Brown contacted

0:40:250:40:28

the court to say he couldn't make it in due to the bad weather.

0:40:280:40:32

But Zahida and Mohammed managed to make it,

0:40:330:40:35

and the case was heard in Peter Brown's absence.

0:40:350:40:38

'After the hearing, I met up with Zahida and Mohammed

0:40:390:40:42

'to find out the result.'

0:40:420:40:44

Right, so, how did it go?

0:40:440:40:47

-It's OK!

-We won.

-You won?

-Yes.

-Brilliant.

0:40:470:40:50

You got everything you asked for.

0:40:520:40:54

He said that he couldn't get here because of the snow,

0:40:540:40:57

but you managed to get here fine.

0:40:570:40:59

Being unable to attend a hearing is sometimes an acceptable

0:41:090:41:12

reason for postponement, but in this case

0:41:120:41:15

the judge felt it wasn't, and found in Zahida's favour.

0:41:150:41:18

However, Peter Brown can still apply for a rehearing.

0:41:210:41:25

I've heard from Zahida, and Peter Brown has applied to the court

0:41:270:41:30

to set aside the first judgement and allow him another hearing.

0:41:300:41:34

Zahida has had to go back to the court,

0:41:340:41:37

but this time, Peter Brown did turn up.

0:41:370:41:40

The judge was still not impressed and found in Zahida's favour,

0:41:400:41:43

which means Peter Brown must pay back the money

0:41:430:41:46

he took from her two years ago.

0:41:460:41:49

We wrote to Peter Brown to ask him for his comment

0:41:490:41:51

and he hasn't responded.

0:41:510:41:53

I'm going back to Huddersfield to see Zahida.

0:41:530:41:56

Well, it's been a long, hard road, Zahida.

0:41:570:42:00

But you've finally won your case.

0:42:010:42:03

'Zahida took a piece of evidence to court

0:42:150:42:17

'which proved a crucial factor in her case -

0:42:170:42:20

'her spare key to the scooter that Peter Brown sold her,

0:42:200:42:23

'advertising his trading name Drivability.'

0:42:230:42:26

Can I have a look at that?

0:42:260:42:28

So this has got his company name on it, and his telephone number,

0:42:310:42:35

and he said that you bought the scooter from a different company.

0:42:350:42:39

Well, absolutely. You've won all the damages you've asked for.

0:42:500:42:54

And how long has he got to pay them?

0:42:540:42:56

So in 14 days' time, you should be able to buy a new scooter.

0:42:580:43:01

So, Zahida, are you glad that you stood up to him?

0:43:060:43:08

Zahida is absolutely right.

0:43:160:43:19

Not getting away with it is why we should use the courts to

0:43:190:43:22

stand up to people who try and take advantage of us.

0:43:220:43:26

Peter Brown didn't listen to Zahida, but the judge did.

0:43:260:43:29

Now she's won her case and must be paid back in full.

0:43:290:43:33

Joanne won her case, and got back all the money she was owed.

0:43:330:43:37

Taking your case to court can be very hard work, stressful,

0:43:380:43:42

and of course there are no guarantees of success,

0:43:420:43:45

but the law is there for everyone, and, when all else fails,

0:43:450:43:48

we can use it to claim back what is rightfully ours.

0:43:480:43:51

Zahida and Joanne certainly did.

0:43:510:43:53

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