Episode 10 Watchdog Daily


Episode 10

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Hello, and welcome to Watchdog Daily. We're with you live for the

:00:30.:00:34.

next 45 minutes. This morning: Flight delayed? A new rule means

:00:34.:00:38.

you should get compensation. But will the airlines pay out?

:00:38.:00:41.

Costa, Starbucks, Cafe Nero. Coffee to go or drinking inside? You'll be

:00:41.:00:45.

surprised who gets the best deal. And Christmas toys bound for the UK.

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The Consumer Cops clamp down on dangerous imports.

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First, Thomas Cook and Monarch. Like all airlines, they're bound by

:00:59.:01:02.

EU regulations that say they should compensate you if your flight is

:01:02.:01:04.

cancelled or overbooked. Well, following a court judgment last

:01:04.:01:07.

month, you're now also entitled to a payout if your flight is held up

:01:07.:01:12.

for more than three hours. And, as that rule applies retrospectively,

:01:12.:01:16.

it affects delayed flights going back seven years. But just because

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the airlines are legally obliged to pay, it doesn't mean they will.

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Here's Rani. With millions of flights landing in

:01:30.:01:35.

the UK every day, there are bound to be some hitches. That is why the

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EU brought in those regulations to protect passengers. One regulation

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in particular. The rule called EU 261 was introduced in 2004 to

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guarantee customers travelling within Europe, or into Europe,

:01:51.:01:56.

protection against delays, cancellations. The intention was to

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make sure that everybody got the same protection. Some airlines

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don't always follow these rules leaving passengers frustrated at

:02:05.:02:12.

best, out-of-pocket at worst. First up, delays. Noel and Marie Scotland

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were due to fly out to Corfu in August. A 24-hour delay meant they

:02:18.:02:22.

spent the first day of their holiday at the airport rather than

:02:22.:02:26.

the beach. We were rather annoyed about that. You can cope with

:02:26.:02:30.

delays. We have been travelling to Greece for over 30 years. We waited

:02:30.:02:35.

around for two hours. Then they decided to put us in a hotel. I was

:02:35.:02:41.

made up then, thinking we have somewhere to rest. The hotel stay

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didn't last long. After just six hours, the airline said it was time

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to move. After we left the hotel, we thought we were going to fly off

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and we discovered there was still a further delay. We thought we would

:02:53.:02:57.

be sent back to the hotel which was not the case. Under the rules, the

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couple should have been given food and accommodation. The

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accommodation provided by Small Planet Airlines, the airport

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departure lounge. We were left all night at the airport. There were

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only four blankets between all of the passengers, so that went to the

:03:14.:03:19.

children and the elderly. Yeah. didn't get a blanket or a pillow.

:03:19.:03:23.

They didn't receive any compensation for the delay either.

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According to EU rules at the time, they weren't entitled to any. Now

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they are. The recent court ruling means any passenger can get at

:03:33.:03:37.

least 250 euros if their flight is held up for more than three hours.

:03:37.:03:44.

That applies to delayed flights going back seven years. So what

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about passengers whose flights don't take off at all? Robert Evans

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and Melissa Taylor were booked on a Thomas Cook flight from Tenerife to

:03:56.:04:02.

Bristol. We were told we had a nine-hour delay. So we checked our

:04:02.:04:07.

luggage in. Then we got given a voucher for food. A good few hours

:04:07.:04:15.

later, they said the plane was due to land at 10.00pm. Great. Then it

:04:15.:04:20.

was on the screen it was cancelled. Remember those EU rules? If your

:04:20.:04:24.

flight is cancelled, you have an automatic right to food,

:04:24.:04:29.

accommodation and upwards of 250 euros in compensation unless there

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are extraordinary circumstances. Thomas Cook offered no compensation.

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And even though they flew out the couple the next morning, on a

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different plane, to a different airport, they classed this as a

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delay rather than a cancellation. What's more, they didn't even offer

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them overnight accommodation. thought that was unfair. We had

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been out of the room since 12.00pm, so we had nowhere to wash, change,

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and we were sleeping on the floor and on the chairs in the airport.

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So that's delays and cancellations. Next on the list - denied boarding.

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This is the moment that newlywed Ray and Selina Mellon were

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prevented from getting on their Monarch flight back to Manchester.

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As the earlier rows got called to board, there was a rush of people

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to the gate. It turns out that these people were from a previous

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flight who had been delayed 24 hours. These people were trying to

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get on the plane that was allocated to us. The ground staff initially

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said that this wouldn't happen. Five minutes later, after a lot of

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to-ing and fro-ing, that is what they did. They gave our flight away

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and put the delayed passengers on our plane. The couple, along with

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their fellow travellers, had to wait for 16 hours at a hotel before

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they could fly home. Monarch blamed the delay on technical problems.

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That was strange because the couple had watched the plane take off

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filled with the angry passengers whose earlier flight had been

:06:15.:06:19.

delayed. If your flight is there and you are about to board, and

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they choose to put the delayed passengers on in front of you, you

:06:26.:06:36.
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are entitled to compensation. insisted their flight had been

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delayed and they had not been denied boarding. Understandably

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angry. It's tarnished the end and their service has been left wanting.

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Although there are EU rules to protect passengers. There are none

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for those whose luggage is last. If yours is one of the six million

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bags airlines mislay every year, there is another rule. It is called

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the Montreal Convention. It means if your carrier loses your bag, you

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are entitled to compensation of up to �1,000. Perhaps someone needs to

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tell Jet Airways. Anika Duggal flew with them in December 2011. We were

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going to India to visit our family. There was a family gathering.

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now 11 months since she checked in her suitcase. She has not seen it

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since. When we got there, we were told that one of our pieces of

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luggage was still in London. Then after three days, we found out that

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wasn't the case and it was missing. We spent many hours of our holiday

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trying to contact Jet Airways on the phone. It was a lot of time

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spent when I could have been enjoying myself. Time as well as

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money. Despite her suitcase containing goods worth a lot more,

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all Jet Airways offered was �135. Half of the compensation they had

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offered us would cover the suitcase alone let alone the contents inside

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the suitcase. They haven't paid us despite chasing them up. They

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ignore us. Providing the customer can show the value of her property,

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she should be able to make a valid claim.

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Before that, let's hear what the companies named in the report have

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to say. Rani. Well, firstly, Jet Airways, who

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lost that bag belonging to Anika Duggal. It says it did provide her

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with regular updates and, in the absence of supporting receipts or

:08:45.:08:47.

bills, offered suitable compensation which she agreed to.

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However, it's apologised for the delay in settling that sum so is

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paying more as a goodwill gesture. It's sent her a cheque for �212

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this week. Small Planet Airlines says the

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delay on their Manchester to Corfu flight back in August was caused by

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aircraft safety shortcomings. It's sincerely apologised to all

:09:06.:09:08.

passengers, including Noel and Marie Scotland. It says it told

:09:08.:09:12.

them of their rights in the case of a flight delay, and offered free

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meals and hotel accommodation. The passengers were transferred back to

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the airport due to the updated time of the departure.

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Thomas Cook says Robert and Melissa Taylor's flight was disrupted due

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to extraordinary circumstances beyond its control - a combination

:09:26.:09:28.

of unforeseen aircraft maintenance problems, and a passenger being

:09:28.:09:37.

taken ill. It's apologised. But, although the plane left on a

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different day, bound for a different airport, it maintains

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this was a delay - not a cancellation. However, they have

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now agreed to pay him �100 to cover his expenses.

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Finally, Monarch. It now agrees that the plane that was supposed to

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bring Ray and Selina Mellon back from Cyprus was instead used to

:09:55.:10:00.

carry passengers booked on an earlier, delayed flight. It now

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accepts that this was a case of denied boarding. It's apologised

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for the inconvenience and distress this caused at the end of their

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honeymoon. And has now paid them the sterling equivalent of 800

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euros in compensation. Good news! Meanwhile, if you'd like to comment

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on that, or any other of today's stories, here's a reminder of how

:10:20.:10:24.

to do so. To send an email, the address is [email protected].

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If you'd prefer to send a text, just dial 88822 and start your

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message with the letters "WD". And if you want to join the

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discussion on Twitter, our address and hashtag are on your screens.

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Thanks, Rani. Earlier this week, we showed the

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Consumer Cops in Wales and the South West seizing goods that put

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buyers in danger. One product could even cause electrocution. Today,

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we're going further south, to show how they're tackling the problem of

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unsafe imports at source. Here's Rhodri Owen.

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Yes, welcome to Southampton. This hi-tech container port is one of

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the biggest in the UK, handling more than 40 million tonnes of

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cargo every year. Among the cars, food and electronics, there are

:11:05.:11:15.
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It's Monday morning at the port, where a ship from Hong Kong has

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docked during the early hours. On board, there are 509 containers.

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These men have the job of ensuring everything inside them is

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legitimate. Anybody who is doing the work at points of entry, that

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is the first line of defence into the country. What we don't want to

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do is we don't want to be stopping stuff once it is on the market and

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particularly perhaps once somebody has been scruered. If we can stop

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it -- injured. If we can stop it at the point of entry, that is the

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ideal situation. Since April, the team have examined more than 50

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containers, finding 42 products that later failed safety tests.

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Today, intelligence reports lead them to identify two containers

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believed to be holding dangerous goods. Inspecting all the contents

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is a huge task. To make it more manageable, they have asked the

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importers to provide a list of everything inside. What do we

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reckon is in here? Anything exciting? Oh. We have a packing

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list for this. 60 products, is it? 57 different products. OK. We will

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dig a few out and have a look. Not quite sure where we will start,

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mind you! With Christmas approaching, the officers are

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keeping a keen eye out for potentially dangerous toys and

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children's products. And as soon as the inspection starts, they find

:13:02.:13:12.
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one. LAUGHTER We know these! This is obviously a little kid's toy,

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chair, whatever you want to call it. The problem we have had with these

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in the past is that the feet come off relatively easily and then you

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have got on some of them sharp edges. They are a potential hazard.

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The plastic cap... That is a potential choking hazard for young

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children. We won't be allowing that to go on into the marketplace so we

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will stop that being transported off and ending up in the shops.

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This early discovery suggests the intelligence they are working on is

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:14:01.:14:01.

correct. Closer investigations are now required. 180 miles away,

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another team of officers are conducting a similar operation to

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Malcolm and Lawrence. Felixstowe on the Suffolk coast is the country's

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busiest container port with 4,000 ships loading and unloading each

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year. It handles more than a third of the UK's sea borne trade.

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With these two that we are looking at today, we have one which is a

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bit of a mixed history. They have had some items that have past, they

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have had some that have failed. The items are very cheap. They have

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come from China. So we are going to have a look to see what it is that

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they have brought in. With the help of Port Authoritys, the Felixstowe

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Trading Standards officer has organised an inspection of some of

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:15:07.:15:13.

the suspect containers. It is those two that I'm most interested in.

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It's actually a musical trumpet by the looks of it. From a company we

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have seen before that we know have been advised on their labelling.

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Straightaway, I can see that it is not labelled correctly. It has not

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got any of the manufacturing or importer details on them. So we

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will be taking this one. Next, a children's toy police kit. It's

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particularly concerning as a similar product has already failed

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safety tests. Yeah. So this is what we were expecting. This is a police

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set. We have two different types. Straightaway, we would have

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concerns with this one because the plastic is quite soft. So we would

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be looking at having that tested for a toxin. And looks like we have

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some possible bits that would fall off there which could be a choking

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hazard. The products will undergo safety checks. These must be

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carried out quickly as all the goods are due to be distributed

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:16:35.:16:38.

I have examined two of the containers. 61, that can be

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released. 62, I want to keep on hold for another few hours while we

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test it back at the office. And we'll show you the results of

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that test later. Now, Starbucks, Costa and Cafe Nero.

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Making millions each year providing us with our daily cup of coffee.

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Some of us like to drink in. Others prefer to get their caffeine hit on

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the move. But just before you make up your mind completely, there's

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:17:15.:17:21.

something our mystery shoppers would like you to know. We spend a

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staggering �1.3 billion in coffee shops every year with two-thirds

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buying hot drinks when we are out and about. It is that demand that's

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fuelled the explosion of coffee chains on our High Streets. This

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man loves his coffee. When he decided to have his morning cup

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inside his local Starbucks rather than take it away, he discovered

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something sneaky going on. noticed that if you sit in, where

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you would be paying the same price as you would to take a drink out,

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you always get less when you buy a drink to sit in. Given the price is

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already quite expensive, I would really would expect that the size

:18:03.:18:08.

should be the same whether I sit in or take out. It should be the same.

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Same shop, same price, smaller amount just for opting to drink in.

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Was that a stingy member of staff or company policy? Are the other

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chains up to similar tricks? Time for the team to hit the road. Over

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two days our shoppers visited two branches of Costa, Starbucks and

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:18:42.:18:42.

Cafe Nero. One got takeaway, the other ordered to drink in, but

:18:42.:18:46.

poured the contents into takeaway cups once they bought them. The

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cups were taken straight to the Watchdog Daily measuring mobile,

:18:52.:18:57.

which was parked around the corner. The contents were measured to see

:18:57.:19:04.

if one did contain more coffee. First, the UK's biggest coffee

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chain, Costa. They cost the same to take away and to drink in, but

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would they measure the same? In both stores, we were given less

:19:15.:19:25.
:19:25.:19:34.

Next, the lattes. Milky. Let's have a look. Again, in both stores, they

:19:34.:19:44.
:19:44.:19:44.

were smaller drinking in. So, in both the Costas, our drink-

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in coffees were smaller than the take-out drinks. A small one.

:19:50.:19:54.

What about Starbucks, the second largest chain in the UK? Again,

:19:54.:19:58.

both the drink-in and the takeaway coffees cost the same. Would we get

:19:58.:20:08.

the same amount of coffee in each cup? In one branch, they were the

:20:08.:20:14.

same size. But in the other branch, there was

:20:14.:20:24.
:20:24.:20:27.

So in Starbucks, you could end up with a lot less for your money, but

:20:27.:20:32.

it might depend on which branch you visit. If you are thinking you

:20:32.:20:36.

received less coffee simply as a surcharge for drinking in, think

:20:36.:20:40.

again. Cafe Nero charge up to 10p extra for drinking in. They say it

:20:40.:20:45.

is to cover VAT. As we discovered, they still give you less coffee.

:20:45.:20:55.
:20:55.:20:55.

How much less? In the first branch, to drink, it was smaller. In the

:20:55.:21:02.

second branch, they were both smaller. What do other coffee

:21:02.:21:06.

drinkers think? I didn't know. I thought that they were all the same

:21:06.:21:10.

sizes, whether you eat in or take away. Medium is a medium. Not fair.

:21:10.:21:14.

I don't think it is right. You are paying more money, so you should be

:21:14.:21:18.

getting the same amount whether you are drinking in or taking it away.

:21:18.:21:25.

You shouldn't have to be penalised for drinking in. So if you are like

:21:25.:21:33.

me and love your coffee, wherever possible get it in a take-out cup!

:21:33.:21:41.

I knew there was a reason! How do the companies explain it?

:21:41.:21:44.

Well, firstly, Starbucks says it has 760 UK stores so you can't draw

:21:44.:21:47.

absolute conclusions from our comparison of two drinks from just

:21:47.:21:51.

a couple of them. It says the size of its drinks - whether to have in-

:21:51.:21:55.

store or take-away - are consistent. But, as they're handmade, there may

:21:55.:21:58.

at times be small variances in the amount of liquid in the cup. Costa

:21:58.:22:01.

told us its recyclable cups are made to an industry standard. It

:22:01.:22:04.

does acknowledge slight differences by ensuring its brand standard

:22:04.:22:07.

recipes take into account the cup size when it comes to the amount of

:22:07.:22:12.

milk and coffee used. This means customers enjoy the same taste,

:22:12.:22:16.

whether they stay in store or take their drink with them.

:22:16.:22:23.

As for Cafe Nero? It says there are two different customer experiences.

:22:23.:22:26.

The different pricing is based on the added value associated with

:22:26.:22:29.

enjoying a drink in store - where customers can stay throughout the

:22:29.:22:32.

day, and where there are newspapers, free Wi-Fi, music and comfortable

:22:32.:22:36.

furniture. It says this differential pricing is common

:22:36.:22:41.

practice not only throughout the UK but in many European countries.

:22:41.:22:45.

Next, dangerous toys, clothes and children's equipment. Our cameras

:22:45.:22:48.

are with the Consumer Cops trying to stop them being imported into

:22:48.:22:51.

the UK, then distributed to shops and markets around the country.

:22:51.:22:55.

It's a massive task, especially at this time of the year. Let's re-

:22:55.:23:03.

join Rhodri. In Southampton, Christmas has come

:23:03.:23:13.
:23:13.:23:14.

early formal come and Lawrence. They are mid-way unpacking a

:23:14.:23:20.

container full of toys. Let's have a look in here. What is that one

:23:20.:23:28.

there? They have the hole for the screw, but they haven't put it in!

:23:28.:23:32.

The battery compartment, you have to make it childproof. This has

:23:32.:23:36.

been made to take a screw so that you can't get the battery

:23:36.:23:39.

compartment open without the screw, but they haven't bothered to put

:23:39.:23:46.

the screw in. So potentially access to the batteries, choking hazard.

:23:46.:23:52.

People can swallow them. Not a great idea. As well as the missing

:23:52.:24:02.
:24:02.:24:03.

screws, this also causes concern. don't know how securely these - not

:24:03.:24:08.

very. You have a small LED there. There is an eye. Doesn't take a

:24:08.:24:12.

huge amount of strength. That is potentially getting into the hands

:24:12.:24:18.

of anyone from the age of a baby upwards, really. Next, the officers

:24:18.:24:22.

find a set of dolls in the container. Once again, there are

:24:22.:24:30.

problems. The quality of the - it is not a skin, it is glorified

:24:30.:24:35.

paper. You can - I don't know whether - some of these will - this

:24:35.:24:42.

is a bit better made. That's the sort of paper that crime scene

:24:42.:24:49.

suits are made out of. In the past, they have pulled apart very easily!

:24:49.:24:52.

LAUGHTER That is a potential choking hazard for children. So not

:24:52.:24:57.

particularly scientific, you can see what happens. It's the sort of

:24:57.:25:00.

thing which will encourage us to think we will have that tested.

:25:01.:25:07.

Yeah. One doll looks similar to others that have failed a previous

:25:07.:25:11.

test due to the plastics leaking chemicals. Another contains small

:25:11.:25:15.

parts which could pose another choking hazard. As you can see, we

:25:15.:25:19.

could be here all day on this one container. We will finish on this

:25:19.:25:24.

and have a look at another one. next container holds one design of

:25:24.:25:30.

doll they are concerned about. But there are lots of them! That is a

:25:30.:25:34.

good example of stuff to the gunnels! LAUGHTER They will now be

:25:34.:25:44.
:25:44.:25:46.

testing this doll for moveable parts and flamability. Back in

:25:46.:25:52.

Felixstowe, Sasha is preparing to carry out a container inspection,

:25:52.:25:58.

her second of the morning. Brilliant. Is it all the same

:25:58.:26:02.

consignment? Yes. Brilliant. Again, she's acting on intelligence she's

:26:02.:26:09.

received about the importer. It's a mixed consignment of a variety of

:26:09.:26:14.

items from bottle openers, to fans, to camera straps. So we are going

:26:14.:26:18.

to look out for a number of items we have interest in because of

:26:18.:26:22.

previous failures with this company. It is a slow process. Initially,

:26:22.:26:32.
:26:32.:26:33.

everything in the container appears safe and labelled correctly.

:26:33.:26:38.

Concerns soon surface. She is particularly worried about a

:26:38.:26:44.

product packed amongst the electrical items. The documentation

:26:44.:26:49.

says it's just bladeless fans in here. None of these would look like

:26:49.:26:55.

they would be such. Ly open one of these bags. It is not a fan -- I

:26:55.:27:02.

will open one of these bags. It is not a fan because it is soft. It is

:27:02.:27:08.

an inflatable boat? It doesn't have any correct warnings on it. There

:27:08.:27:16.

is an issue whether it is a device to assist with swimming, or whether

:27:16.:27:22.

it is a toy. I would say the fact that it looks like it's a boat with

:27:22.:27:28.

a steering wheel and a horn, it is more likely to be a toy so it would

:27:28.:27:33.

come under toy safety legislation. So we will take that one to get

:27:33.:27:40.

that looked at by the lab that do our testing for us. Here is one of

:27:40.:27:50.
:27:50.:27:51.

those safety tests. You can see more of those tests later on.

:27:51.:27:54.

Now, earlier we reported on the EU regulations that allow airline

:27:54.:27:57.

passengers to claim compensation if their flight is cancelled. And the

:27:57.:28:00.

new rule that entitles you to a payout if your plane's delayed by

:28:00.:28:03.

more than three hours. Well, joining me now is Iain Osborne from

:28:03.:28:05.

the Civil Aviation Authority. Is this going to open the floodgates

:28:05.:28:08.

because you can claim retrospectively? You can. We are

:28:09.:28:13.

pleased that the court case has clarified the law for people. I

:28:13.:28:17.

think people often are confused about their rights. If people go to

:28:17.:28:20.

our website, there is a really clear statement there about what

:28:20.:28:24.

people are entitle to. They should, if they have had a bad experience,

:28:24.:28:28.

take it up with the airline. If they don't get their rights, we

:28:28.:28:32.

will take it up for them free of charge. When you are talking about

:28:32.:28:35.

flights that date back seven years, it will be hard for people to prove

:28:35.:28:41.

that they have had problems? That is true. People will need to have

:28:41.:28:45.

documents. As your package made clear, if there are extraordinary

:28:45.:28:50.

circumstances, it is not the air lain's fault, compensation isn't

:28:50.:28:54.

payable and quite often that is true. We see airlines getting this

:28:54.:29:01.

wrong. It is not all airlines. It is EU airlines leaving EU airports?

:29:01.:29:05.

If you are flying out of an EU airport, you have these rights. If

:29:05.:29:09.

you are flying into the EU, you have them if you are on a EU

:29:09.:29:15.

carrier. It could cost the airlines a huge amount of money? As I say,

:29:15.:29:18.

if there are extraordinary circumstances, they don't have to

:29:18.:29:23.

pay. The law, this law has been in place since 2005. The airlines have

:29:23.:29:28.

had lots of opportunity to get used to it. The main thing is that

:29:28.:29:32.

passengers are perhaps still not familiar with their rights and we

:29:32.:29:37.

are keen that people use our website or talk to the airline

:29:37.:29:41.

themselves. Get clear about your rights. This is part of what you

:29:41.:29:46.

are paying for when you buy a ticket. If the airlines have to

:29:46.:29:51.

fork out money, they will say the passengers will pay? We talk to

:29:51.:29:54.

airlines a lot about how they set their charges. They tell us prices

:29:54.:29:58.

are set relative to what people can pay, not relative to their own

:29:58.:30:01.

costs. No, I don't think that is likely. If anybody wants to know

:30:01.:30:05.

what to do, even if this is a flight that dates back several

:30:05.:30:08.

years, they can look at your website? The rights are complex,

:30:09.:30:14.

but it sets it out really clearly. If you don't get satisfaction from

:30:14.:30:18.

your airline, I have a team that can take up cases for people. The

:30:18.:30:22.

airlines don't always get it right. If you think you have been

:30:22.:30:26.

mistreated, bring the case to us. suspect you might be busy now!

:30:26.:30:33.

Thank you very much. Let's go to Rani now.

:30:33.:30:37.

Thanks, Sophie. Now, that story about the price differences in

:30:37.:30:40.

coffee bars has got you going. We'll have some of your many

:30:40.:30:42.

comments later. But we're also still getting

:30:42.:30:44.

messages about yesterday's report on returning faulty goods. Lots of

:30:44.:30:48.

viewers are asking us what they can do if they receive a service that

:30:48.:30:52.

isn't up to scratch. Well, we can answer that, or at least our expert

:30:52.:31:02.
:31:02.:31:07.

Is there anything more annoying than when you have been promised a

:31:07.:31:11.

service only to end up disappointed with the end result? There are

:31:11.:31:16.

several sets of regulations that can help us out. Unfortunately,

:31:16.:31:20.

given the wide range of services available, the legislation is far

:31:20.:31:28.

more fragmented than if you are buying goods. The major piece of

:31:28.:31:36.

legislation is the Supply of Goods and Services Act 1982. This

:31:36.:31:40.

requires the trader uses reasonable care and still and any goods

:31:40.:31:44.

provided must be of a satisfactory quality, fit for the purpose and

:31:44.:31:47.

comply with description. It also states that where no specific date

:31:47.:31:52.

has been agreed for completion of the service, it must be done within

:31:52.:31:59.

reasonable time. One common example that I hear is that of poorly-

:31:59.:32:02.

fitting double glazing. You are paying for the service of having

:32:02.:32:06.

the glazing installed but also for the windows themselves. Another

:32:06.:32:10.

common example is taking your car into have it repaired. If you take

:32:10.:32:13.

your car in with the reasonable belief that it is going to take two

:32:13.:32:17.

days to do the job and the garage takes three weeks, then the trader

:32:17.:32:21.

has breached the requirement for reasonable time. If when you get

:32:21.:32:25.

the car back, the job has not been done properly, he will also have

:32:25.:32:29.

breached the requirement for reasonable care and skill. So what

:32:29.:32:33.

about your rights when it comes to mobile phones? If your handset is

:32:33.:32:36.

faulty, you should take it back to the company from which you bought

:32:36.:32:43.

it for a repair or replacement. It is always worth asking if you can

:32:43.:32:47.

borrow a phone temporarily while yours is being repaired. If your

:32:47.:32:53.

network coverage is poor, you should contact your network

:32:53.:32:57.

provider. And check the terms and conditions of your contract to see

:32:57.:33:01.

if it makes promises about network coverage. If your contract has been

:33:01.:33:06.

broken, you have a right to cancel it without penalty. If your problem

:33:06.:33:09.

is restricted to a specific building, such as your house, then

:33:09.:33:12.

it is going to be far more difficult to argue. Even if there

:33:13.:33:17.

is nothing specific in your written contract, if a salesman has led you

:33:17.:33:20.

to believe you will get a good quality signal where you live and

:33:20.:33:24.

you get no signal at all, you may have a claim of misrepresentation.

:33:24.:33:28.

While as in every other part of contract law something that has

:33:28.:33:32.

been said is every bit as legally- enforceable as something that's

:33:32.:33:36.

been written down, in practice it is a great deal more difficult to

:33:36.:33:42.

prove. She knows her stuff!

:33:42.:33:45.

For more information on how to complain if a service isn't up to

:33:45.:33:48.

scratch, see our website. The address is bbc.co.uk/watchdog.

:33:48.:33:51.

Time for our last visits to two of the UK's largest container ports

:33:51.:33:53.

now where the Consumer Cops have been seizing potentially dangerous

:33:53.:33:56.

products. Those goods were due to be moved from Southampton and

:33:56.:34:00.

Felixstowe, and then distributed across the whole of the UK. But

:34:00.:34:02.

right now they must undergo stringent safety tests. Here's

:34:02.:34:10.

Rhodri. The Southampton seizures have

:34:10.:34:13.

resulted in six different toys all due to be sold in the run-up to

:34:13.:34:17.

Christmas being sent for safety analysis. Until this is complete,

:34:17.:34:25.

all the goods must be held at the docks. The lab's based 20 miles

:34:25.:34:30.

away in Portsmouth. It is important that officers organise the tests as

:34:30.:34:36.

soon as they can. We are seizing and detaining somebody else's

:34:36.:34:39.

property so it's important from the whole point of view of trade and

:34:39.:34:45.

economy that we don't hold goods up unnecessarily for too long. In fact,

:34:45.:34:49.

Malcolm has 48 hours to get all the samples tested. He can then tell

:34:49.:34:53.

the importer if he will be holding on to the container, or releasing

:34:53.:35:02.

it. Sasha is about to send off her seized consignment for testing. She

:35:02.:35:07.

already has a good idea what the results will be. Especially those

:35:07.:35:13.

concerning the parts inside this child's police toy. With the gun,

:35:13.:35:19.

the gun looks like it's for use with the darts. The darts enter

:35:19.:35:27.

into the top of the gun and you can shoot out. This will get tested

:35:27.:35:32.

because we will be looking at the propelling dart as to whether it is

:35:32.:35:35.

too strong because it could be something that could be dangerous,

:35:35.:35:43.

whether it be shot at someone's eye. This small trunkaigs cylinder is an

:35:43.:35:50.

important toy safety tool -- truncation cylinder. We can test to

:35:50.:35:53.

see if anything would fit into it to indicate whether it is small

:35:53.:35:57.

enough for them to choke on the item. The items that we are going

:35:57.:36:01.

to be most concerned with, with having removable parts, are the

:36:01.:36:05.

darts and they have these end parts on them which are sticky and they

:36:05.:36:12.

do come off. So they are of a size that will easily fit into the

:36:12.:36:15.

truncation and could be a chokable part. What we are also concerned

:36:15.:36:19.

about is one other small item which is in the toy, which is a whistle.

:36:19.:36:26.

Again, that fits into the truncation. Results later do

:36:26.:36:31.

confirm that while it tested negative for toxins, the police kit

:36:31.:36:37.

fails toy safety regulations. Both the whistle and the suction from

:36:37.:36:41.

the darts could cause choking. The trumpet failed because of

:36:41.:36:44.

inadequate labelling. As for the inflatable product, it turns out to

:36:44.:36:50.

be a swim seat and not a toy. But its design is found to pose a

:36:50.:36:54.

significant risk of drowning so it is declared unsafe. The importers

:36:54.:37:00.

of the goods are based in Salford and Nottingham. So she must alert

:37:00.:37:04.

her Trading Standards colleagues to ensure they recall and destroy all

:37:04.:37:08.

the remaining products. Products which otherwise would have been

:37:08.:37:16.

making their way into Christmas stockings this year. Back at the

:37:16.:37:21.

Portsmouth testing lab, the scientist is about to start

:37:21.:37:27.

analysing the toy samples seized in Southampton. The lab team starts

:37:27.:37:31.

with a tension test on a shoelace from one of the dolls. This will

:37:31.:37:41.
:37:41.:37:46.

establish how easily it can be detached from the toy. It not only

:37:46.:37:52.

broke, it broke easily. Units of force are measured in Newtons. This

:37:52.:38:00.

should have withstood 90. In fact 0.5 and it came apart. It could be

:38:00.:38:04.

deemed as a choking hazard. Next, the battery pack for the voice box

:38:04.:38:10.

in the doll. There's a small pouch in the back with the battery pack

:38:10.:38:16.

and, again, these ones are directly accessible. There is nothing saying

:38:16.:38:20.

it is not suitable for a child under three. That would fail.

:38:20.:38:24.

Another choking hazard. The next experiment tests the material on

:38:24.:38:34.
:38:34.:38:40.

this doll to see how easy it will tear. The requirement is 70 Newton.

:38:40.:38:45.

This failed at 28. So it fails the requirement so it gives access to

:38:45.:38:49.

the filling material. The filling material shouldn't be accessible to

:38:49.:38:55.

children so that fails the standard. The team now perform one further

:38:55.:38:59.

tension test. This time on the nose and eyes of the toy dog, that was

:38:59.:39:09.
:39:09.:39:25.

The wires on that, they have sharp points on there and lead joints

:39:25.:39:28.

which shouldn't be accessible to the children. Following this

:39:28.:39:33.

failure, it is time for the flamibility tests on some of the

:39:33.:39:38.

dolls. This one should not burn faster than 30 millimetres per

:39:38.:39:48.
:39:48.:39:57.

210 millimetres. Finally, a pass. As the doll burned at a rate of 5

:39:57.:40:01.

millimetres a second, it is not considered a fire risk, but it did

:40:01.:40:07.

fail other tests. In fact, all of the toys seized and sent for

:40:07.:40:12.

testing failed. The fruit dolls failed to meet labelling

:40:12.:40:16.

requirements and the doll's dress kit was found to contain

:40:16.:40:21.

unacceptable levels of toxin. The other four were found to fail

:40:21.:40:27.

labelling rules. The toy dog, the baby doll in a bag also failed

:40:27.:40:31.

tension tests. And had choking hazards. These particular products

:40:31.:40:34.

won't be reaching the market so they won't get into the hands of

:40:34.:40:37.

young children where they might possibly have done them some damage

:40:37.:40:42.

or injury. We will be letting our colleagues know in the areas where

:40:42.:40:45.

these companies are based that are importing these products so they

:40:45.:40:51.

can go and offer them some advice so the companies can make sure that

:40:51.:40:59.

in future they import legitimate compliant goods. Joining me now is

:40:59.:41:02.

the Trading Standards officer who we saw in the film. We have seen

:41:03.:41:09.

how the toys identified as being dangerous. What about the goods in

:41:09.:41:13.

the other containers? We had some more failures. We removed both

:41:13.:41:17.

containers from the port, separated those that had failed from those

:41:17.:41:21.

that had passed and the ones that were failures, basically they all

:41:21.:41:29.

went to be destroyed. We filled a 30-yard skip from the containers

:41:29.:41:37.

seen on the film. What is your advice on how to get your hands on

:41:37.:41:42.

safe toys? You need to buy the stuff from reputable retailers.

:41:42.:41:47.

Have a good look at them. If you have any problems with them, let

:41:47.:41:51.

your local Trading Standards know. We saw in the film one of these

:41:51.:41:56.

small tubes, it is a choking hazard testing tube. You can get hold of

:41:56.:42:03.

these anywhere? You can. To be honest, commonsense is all you need

:42:03.:42:13.
:42:13.:42:15.

to think about. Thank you very much. Thanks, Rhodri. Lots of you have

:42:15.:42:25.
:42:25.:42:27.

been in touch with us today, Rani? Paul says, "I will be buying it to

:42:27.:42:30.

go in future" and Jane says, "Forget what they charge, they

:42:30.:42:37.

charge too much for hot water!" Lots have been in touch about the

:42:37.:42:45.

web address for flight compensation. Thanks, Rani. And that's all we

:42:45.:42:47.

have time for this morning. Coming up on Monday:

:42:47.:42:51.

Apple, Argos, M&S. Want to complain to any of them? It could cost you.

:42:51.:42:54.

British Gas, Scottish Power, EDF. Want to fight back against them and

:42:54.:42:57.

the other big energy providers? And the dangers of sunbeds. Just

:42:57.:43:01.

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