Episode 6 Watchdog


Episode 6

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British Gas. You won't believe their bills. Harveys furniture. You

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won't believe their ads. Claire's Accessories. You won't believe

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their cheek. Plus faulty breast implants. Plus, BT, Halfords, and

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Pontins, again. It's Watchdog. The Hello and good evening. Welcome to

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Watchdog. We're live as usual from Television Centre. Tonight: Breast

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implants. Leaking chemicals. No payouts. Is there hope for women

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after all? Whatever is in that implant, seriously, was not meant

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to be in a human body. I can't believe that they asked me to pay

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again to correct it. I can't believe that they've made me pay

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twice. British Gas.Trying to charge thousands for work that doesn't

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need doing. Harvey's. Old sofa price: �599. New price: �699. And

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they call it a sale? Plus, Claire's Accessories, great

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jewellery designs. Pity someone else thought of them first. Have

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you ever thought of getting someone to dispose of your rubbish? If you

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have this fella's worth a swerve. He's dumped. He's dumped. Yes, he

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came, he saw and he tipped. All of our rubbish, even this ferocious

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and very scary predator, we'll call her Annie. His name is John Ovenell.

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His game isn't much fun because if you hire him to get rid of your

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waste, it could be you as well as him before the courts. Find out why

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later. British Gas, the leading energy

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provider in the UK with nearly 16 million customers. But when it

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comes to servicing your boiler, it's also number one for complaints

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about overcharging and needless work.

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Boiler break downs can be shocking... Mum! Without cover, you

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can get alarming bills. If you'd like us to come to your rescue,

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call us today. A reassuring ad, British Gas promise top quality

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service, peace of mind and no surprise when's it comes to paying

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your bills. But do those promises match the reality? Well, with the

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help of expert plumber Mike Griffin we're going to find out. Sorry I'm

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late. First stop loyal customer Lois Brown who's been with British

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Gas for many years paying �18.85 on her plan.

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The boiler was working fine until it started making strange noises

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the morning after its last service. A British Gas engineer came back to

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replace a pipe and to deliver some shocking news. They said it could

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go on for another five years or it could go tomorrow. He said winter

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is coming on. That scared me. He said, it means a new boiler and it

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can be costly. It was. British Gas quoted more than �3,600 for a new

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boiler. Lois was shocked. She called a local plumber who gave a

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different diagnosis and different price. He said this is the cause of

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your trouble Mrs Brown. It was the thermostat control. How much did

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that cost? �97. �97? So British Gas quote �3,602.65, local engineer,

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�97. Mike? Having done an overall check on the boiler visually, to

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make sure it's performing safely and cleanly, which it appears to be,

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there's no reason for British Gas to say you need a new boiler.

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so upset and annoyed. I went straight to the bank and cancelled

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the home service insurance premiums. Now we all make mistakes and

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identifying the wrong fault is not unheard of. But claiming a part is

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obsolete when it's not, now that's unusual. Ask Gareth. We pay for the

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home care plan which is �16.35 a month. They come out and fix the

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boiler if it breaks, which it did. They had a look at it and told us

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that the parts were obsolete. what's this? A gas valve. Is it

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common? Yeah you can get them all over the place. According to Gareth

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British Gas don't think so, are you sure? I can see it on that website

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and that website, over the counter all over the place. British Gas

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obviously couldn't see it anywhere. They maintained it wasn't available

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any more. But they did offer a rather familiar solution. They sent

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a guy out to give us a quote and it was �2,800 for a new boiler. Just

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to be on the safe side we phoned a local guy. He came round and said

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he could get the parts the next day. It would be �70. He fix today and

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it's been fine ever since. British Gas �2,800. Local engineer

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- �70. Mike? The gas valve has been changed. It's a replacement. It's

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freely available. It's working properly and it's within the safety

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requirements. I don't see any reason to change this boiler.

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Misdiagnosing and claiming parts are obsolete, when they're readily

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available, could it get any worse? Well, yes. You see, British Gas

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condemned dorian's boiler even though it was in fine working order

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The engineer came round to do a service and he said that the boiler

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had to be condemned. The reason was one of the parts, a flew part was

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obsolete to. Condemn it he ended up taking parts out of the boiler. He

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told my wife you might as well throw them away because they'll be

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no good any more. Luckily he got in contact with a local plumber who

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discovered that the so-called obsolete part was available and

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that the old one didn't even need replacing. So I ended up going out

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and getting all the pieces out of the wheelie bin and kept them,

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thank goodness. And guess who Mike agrees with? The condition of the

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flue they have taken out, there is some corrosion on it, I don't think

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it would allow gass to leak out of it because of the way it seals.

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There's no good reason to condemn the boiler and change it for a new

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one. It could have been cleaned up, resealed and put back together.

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British Gas did eventually put it back together again, but only after

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being confronted with the plumber's findings. The original engineer

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rang me up, very apologetic and said he would be round on the

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Monday to fix the problem and it's been fine ever since. With me now

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from British Gas, Chris Jansen. British Gas one of the biggest

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companies in the UK, you must be very ashamed? Well, I'm very

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disappointed when I watch that video. Obviously, we take customer

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complaints very, very seriously. I don't want any customer to be upset

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with British Gas. As you'd expect, I've looked into these complaints

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and spoken to the engineers, while we did make a mistake and I'm sorry

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for that, we said some parts were not available, when they were, we

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are managing 73,000 parts... mistake, �97 part against a quote

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for nearly �3,000. There are two different points here, one is

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actually the advice that we gave because we're comparing not really

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like for like. We think that those boilers should be replaced. We have

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and I'm proud of our engineers, we have 8,000 brilliant engineers and

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they give good advice. Let me just ask you, do you think a woman in

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her 80s, winter's coming, scaring her off, her local plumber does it

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for �97, �3,600? Which would you choose? I spoke to the engineer

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today and Gavin went to Mrs Brown's and actually... Did he mean to

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scare her? Of course not. Why is he saying to her "winter's coming"?

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Because it was. The boiler is 20 years old and it should be replaced.

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Tell me this, what we need to understand is what's driving your

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engineers? Why do they want to dismantle boilers without telling

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people, why do they want to charge �3,600, are they on commission?

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engineers are engineers. Are they on commission? You're not answering

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me No, they're not. They don't get any reward for selling a boiler?

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they do not get reward for selling a boiler. They are there to fix

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boilers. They're not in any way benefiting from the boiler, your

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people that go in there, there's nothing in it for them whatsoever?

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Our engineers are engineers. They fix boilers. We visit seven million

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homes a year and actually, 99% of times we fix the boiler. And most

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of the time, we fix it first time. In the very rare occasion, it's one

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in 100, we cannot fix a boiler, the engineer sits down with the

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customer and explains to them the reasons why they should have a new

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boiler. Do you think your engineers behaved correctly? I think our

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engineers are fantastic. British Gas is a good company. We give good

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advice and care for our customers. They have given the right advice.

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These boilers are 20 years old. One's only 14 years old. One is 14

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years and one is 22 years and the other is 20. We mustn't lose sight

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of the important point here, in two cases we said the boiler should be

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changed for safety reasons. I stand by that. We mustn't forget that

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safety is the most important thing and that's what British Gas cares

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about. Thank you very much. If you'd like to comment on that or

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any of tonight's stories, here's a reminder of how to do so. For

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emails: [email protected] is the address. For texts, dial 83199 and

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start your message with the letters WD. And if you want to get involved

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in the twitter discussion, our address and hashtag are on your

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screens now. Coming up, the breast surgery scandal women denied

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payouts for faulty implants, is it all about to change? Plus, when can

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you ignore what a judge says? When you're a private parking company,

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that's when. Never been up before a judge,

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myself. Always kept my nose clean, doing things by the book is no

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guarantee of staying out of trouble when you're getting rid of rubbish,

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though. If you hire the wrong person to do the job, it could be

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# How many kind of sweet flowers grow... #

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It's spring, when bikers come alive. It's also a perfect time for

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picnics. I'd like the pork pie. Where's a pickle? I packed mustard.

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On a mini pork pie? Yeah. Are you some kind of savage? Mustard on a

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sausage, pickle on a pork pie. What's wrong with you? You've

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spoiled the picnic. It's broken. What's the matter? Picnics across

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the country are being ruined not just because of an absence of

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pickle. This is the reason: Fly- tipping. You've probably heard all

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about it. You may have thought to yourself, what has that got to do

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with me? The man from the council has got news for you. He's mad as

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hell. He's not going to take it any more. Fly-tipping is unacceptable.

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It's a scourge on the environment. And the Environmental Protection

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Act section 33 makes it an offence to deposit any waste on land

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without an environmental permit. Committing such an offence can

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result in a fine of up to �50,000 or imprisonment. You see, he's

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furious. Hold on, this bit's worrying. Under section 34 of the

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act, anybody who produces, keeps, stores or disposes of waste has a

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responsibility for that waste. So a householder who has produced waste

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has a responsibility to make sure that whoever they pay to remove the

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waste or dispose of it is going to take it to an appropriate site and

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deal with it appropriately. Do you hear that? If someone collects your

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rubbish and dumps it where they shouldn't, you could enup in court.

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Swale Borough Council prosecuted three people for that last year.

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Quite scary, isn't it? A chap called John Ovenell went round to

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clear. He thought it was all good until Kent County Council called

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him saying he found the waste fly tipped. The Council didn't per sue

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matters because he had paid someone to take it away. How can I be fined

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for someone else fly-tipping my rubbish. You're legally responsible.

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You have to check whoever takes your rubbish is entitled to do. So

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I'm very careful not to put my address in my rubbish. Yeah, but do

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you know another dustbin that contains size 13 fluffy slippers, a

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dozen chicken legs and a copy of Grazia? Fair point. It's like your

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fingerprint, your dustbin DNA. It gives me an idea. You see, we need

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to see Kent based John Ovenell cheaply and cheerfully ruining the

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countryside. We get a pile of standard household waste, mattress,

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sofya, desk. Then we add a few distinctive items from Rogue

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Traders props cupboard to. Make sure we have the right stuff it's

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marked with a special UV spray. We plant a tracking device. That way

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we can keep an eye on our waste and find out where it ends up.

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We've called John Ovenell out to our house where the lovely

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homeowner has lumped the waste into a lovely big pile and here comes

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He also turns out to be very talkative. He tells us all about

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his work and his van and his far. But as for his illegal fly-tipping

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he prefers to keep that a dirty little secret. Sorry John, we are

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going to bring it right out into the open. Give it about ten minutes.

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Before that, faulty breast implants. Nearly 50,000 British women

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affected. All received silicone implants containing industrial-

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grade chemicals never intended for medical use. In December the French

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Government recommended that implants in French patients were

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removed free of charge. Because more and more women had chemicals

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leaking into their bodies after the implants ruptured. Here women must

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prove that it is medically necessary before the NHS or clinics

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will act. Worse, the makers of the implants have gone out of business

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no-one has been able to get a renund. Those refunds could be --

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refund. Those refunds could be worth thousands. But maybe there is

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hope after all. The French Government said it will

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pay for 30,000 women to have their breast implants removed as a

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precautionary measure. When I discovered I had PIP implants and

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if French Government recommended they be removed from all ladies in

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France, the first thing I thought was I have to have these removed. I

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can't live with the worry of what they may be doing inside of me.

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Rachel had her left breast partially removed after developing

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cancer in 2009. She opted for reconstructive surgery, costing

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nearly �6,000. Her surgeon used PIP implants. Seven years on she

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discovered the same implants contained a gel not intended for

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use in the human body, but for mattresses. I contacted the clinic.

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Unfortunately they couldn't help me. I couldn't eat properly. I couldn't

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sleep. I had to have a date sorted out for when they were going to be

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replaced. Rachel was too late to stop the implants leaking inside

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her body. When doctors came to remove them they found a hole the

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size of a golf ball. They had already ruptured. My left implants

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had ruptured. My surgeon described it as crumbling. Hit ruptured in

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several places. Cue see particles of it falling to pieces. I was

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horrified. That was leaking into my body. Whatever was in that implant

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seriously was not meant to be in the human body. I hadn't gone to

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somebody as a breast cancer survivor and having been fully

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aware I had breast cancer they promised me the best care. I can't

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believe they used PIP implants and then asked me to pay again to

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correct it. I can't believe me made me pay twice. Like thousands of PIP

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patients Rachel has a strong claim. But the chances of them recovering

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their money have looked slip. Although the law says a is

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responsible if it sells you a faulty product, this manufacturer

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has gone out of business. And as the implants were approved as safe

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by the EU the clinics that fitted them have argued that they did

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nothing wrong. Let me be dispassionate, I look at this

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should not as a health issue but a consumer rights issue, seeing if

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the laws that apply to any purchase can bring hope. The answer is yes.

:18:42.:18:47.

There's a new Avenue to try if they paid on a credit card. One woman in

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the Midlands tried to claim back the entire cost of her surgery from

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Lloyds TSB. Under Section 75 of the Consumer Credit Act if you buy

:18:57.:19:02.

something over �100 and pay for any of it on a credit card, the card

:19:02.:19:06.

company is jointly lie financial anything goes wrong with the

:19:06.:19:13.

product. Last month, her claim was successful. Lloyds TSB paid out

:19:13.:19:18.

�3,700. This doesn't set a precedent. And it needs to be

:19:18.:19:22.

understood that usually if it has been over six years since you made

:19:22.:19:26.

your purchase you can't claim. So for women whose implants were

:19:26.:19:30.

fitted before 2006 connectically the deadline's passed. But, because

:19:30.:19:34.

of the circumstances of this scandal they may still have a case.

:19:34.:19:39.

Even those like Rachel whose surgery was eight years ago. The

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general rule is you have to bring a claim within six years. However,

:19:43.:19:47.

this is an exception. And this exception does apply in the case of

:19:47.:19:51.

the PIP cases. If you suffered a personal injury you can claim

:19:51.:19:54.

within the last three years from when you had knowledge of the

:19:54.:19:59.

injury. We all know this the case of PIP that it only really came to

:19:59.:20:03.

the the public knowledge within the last two years. That means we are

:20:03.:20:09.

well within the three-year period. For Debbie Brewer it is more clear

:20:09.:20:17.

cut. Her implants cost �4,000 250. I've had pain in my left breast for

:20:17.:20:23.

over a year. He a private MRI scan. I had to pay �200 to have this done.

:20:23.:20:29.

I've heard from my GP that I have gel oozing out of my implants into

:20:29.:20:34.

my body. I've paid a lot of money for something that clearly isn't

:20:34.:20:38.

satisfactory. These implants aren't fit for purpose, so I feel that

:20:38.:20:42.

really I should get my money back. The leak means that Debbie has a

:20:42.:20:46.

much stronger case when it comes to proving her implants were faulty.

:20:46.:20:52.

Crucially she underwent her surgery three years ago and she paid for it

:20:52.:20:56.

on her credit card. How strong is her case? I can't see any reason

:20:56.:21:00.

why Debbie won't be successful in making a claim. Her implants are

:21:01.:21:05.

faulty. She had the operation within three years. When you

:21:05.:21:08.

consider everything together it would be a very good case. Of the

:21:08.:21:13.

47,000 British women who received PIP implants, nearly 5 00 are

:21:13.:21:19.

believed to have suffered a rupture. But many whose implants remain

:21:19.:21:23.

intact want them to be removed in case they burst in future Melanie

:21:23.:21:27.

has already gone ahead. I decided this year in January to have the

:21:27.:21:31.

implants removed because I wasn't prepared to take if risk to my

:21:31.:21:35.

health of them rupturing. It's the best decision I made. This is what

:21:35.:21:38.

was removed. I'm very pleased I'm holding it on the outside and not

:21:39.:21:44.

the inside of my body. Melanie's implants may still be in one piece

:21:44.:21:48.

but as she paid more than �3,000 for them by credit card, does she

:21:48.:21:53.

have a case for getting her money back? Under the supply of goods and

:21:53.:21:58.

services Act 1982, it says those implants must be of satisfactory

:21:59.:22:03.

quality. If they are made from industrial-standard silicone rather

:22:03.:22:09.

than medical, and we know that that is the case now, they are not of

:22:10.:22:13.

satisfactory quality. Therefore there's a breach of contract, and

:22:13.:22:17.

this means there's a claim. If there's a claim you can make it

:22:17.:22:22.

against the credit card company under Section 57 or the clinic.

:22:22.:22:28.

Martin, so anyone who has paid on a credit card but only people who've

:22:28.:22:33.

paid on a credit card have a chance of getting their money back?

:22:33.:22:37.

have a joint right to go to either the credit card company or the

:22:37.:22:42.

clinic. You don't have to go toe the clinic first. Credit cards

:22:42.:22:48.

don't have deeper pockets. Clinics are fighting for their lives now.

:22:49.:22:52.

You may stand a better chance, because it won't fight as hard.

:22:52.:22:56.

What if the credit card company says no? This is another advantage,

:22:56.:23:00.

because the clinic says no, you have to go to court. That could be

:23:00.:23:04.

expensive and you could have costs awarded against you. But a credit

:23:04.:23:09.

card company, you can go to the Financial Ombudsman. It can look at

:23:09.:23:14.

is it fair and standard industry practise? Hay Heathrow, Lloyds TSB

:23:14.:23:21.

has paid out. That's the start of an industry practise. But that

:23:21.:23:29.

takes ages? This is PIP, and that tend to be quicker than PPI claims.

:23:29.:23:37.

As long as you have paid over �100? If something costs �5 ,000 and you

:23:37.:23:42.

pay even a penny, the card company is liable for the entire amount.

:23:42.:23:47.

Thank you Martin. Lloyds TSB told us small number of

:23:47.:23:52.

people affected by faulty implants have made claims under section 57.

:23:52.:23:57.

They all say they will look at claims on a case by case basis.

:23:57.:24:01.

Next the British Parking Association, the BPA. It represents

:24:01.:24:05.

private parking companies in the UK. Importantly only its members can

:24:05.:24:11.

buy your details from the DVLA, which enables them to chase drivers

:24:11.:24:17.

for parking charges. And membership of the Association depends on those

:24:18.:24:23.

parking companies abiding by the BPS's code of practice. We've shown

:24:23.:24:28.

how it fails to kick out members who breach that code. We ask: how

:24:28.:24:33.

does the association react when one of its members ignores a judge?

:24:34.:24:43.

Excel Parking Limited, a BPA- approved operator since 1994. An

:24:43.:24:51.

Excel car park in Stockport. It was here that Martin pulled up for a

:24:51.:24:57.

shopping trip in 2010. It looked like a free car parks as so many

:24:57.:25:01.

are in front of the big stores. I came out and found a parking charge

:25:01.:25:05.

notice on the windscreen. That's when I realised that of course I

:25:05.:25:09.

had parked my car at what was a pay and display car park. The average

:25:09.:25:15.

driver would probably just pay up. But Martin is not your average

:25:15.:25:18.

driver. I'm research director of a language commission, so part of our

:25:18.:25:23.

work is to do with clearing up things like poor signs and poor

:25:23.:25:27.

notices and making sure that instructions for consumer products

:25:27.:25:32.

are written in a clear and straightforward way. The BPA code

:25:32.:25:35.

of practice states that car park signs must be clear and visible so

:25:35.:25:38.

that drivers have a chance to understand the terms and charges

:25:38.:25:42.

that apply. I went back to the car park entrance to see where the

:25:42.:25:46.

terms and conditions where. It says on the notice that it is pay and

:25:46.:25:50.

display, but the words pay and display are very small. They are

:25:50.:25:57.

only 13mm high. Twock the Peel Centre is much bigger. Inevitably

:25:57.:26:03.

you think, "That's nice of them, it's a free car park." Martin

:26:03.:26:06.

appealed against the charge. Excel rejected it and appeared determined

:26:06.:26:13.

to get their money. There's a string of letters. We call them

:26:13.:26:18.

threat ograms in the business. I kept saying, "Take me to court, I

:26:18.:26:22.

will fight you in court" which is what they did. The judge did an

:26:22.:26:27.

excellent thing, to go out to the car park herself. She looked at the

:26:27.:26:30.

signs herst and said they weren't adequate or clear and she found in

:26:30.:26:36.

my favour. So I won the case. the hearing at Stockport County

:26:36.:26:40.

court the judge dismissed Excel Parking's claim and ordered the

:26:40.:26:47.

company to pay Martin's expenses. Excel is supposed to be one of the

:26:47.:26:51.

most professional and reputable companies in the business. So what

:26:51.:26:55.

did it do to make sure the sim same thing couldn't happen again?

:26:55.:27:01.

Absolutely nothing. Today the signs are still exactly the safe. Excel

:27:01.:27:06.

has ignored the judge's comments about the size of the wording. The

:27:06.:27:12.

company's managing director olve disagreed with the outcome. He

:27:12.:27:17.

described it as: An embarrassment to the judicial system. He made

:27:17.:27:21.

some pretty rude remarks about the judge too, describing her as not

:27:21.:27:27.

fit to serve in civil courts. as for the BPA? Incredibly it

:27:27.:27:32.

doesn't think the signs needed to change either. That's because the

:27:32.:27:37.

13mm wording does not break the code of practice rules on clarity

:27:37.:27:41.

and visibility. It makes you wonder who actually makes those rules? As

:27:41.:27:46.

a matter of fact they are drawn up by the BPA approved operator board

:27:46.:27:51.

members, one of whom is Simon Renshaw-Smith, managing director of

:27:51.:27:58.

Excel Parking Services Limited. If the BPA rules say it is OK, the

:27:58.:28:02.

signs can stay. If the signage is not clear, it is not

:28:02.:28:06.

straightforward, honest and decent. Honest signage is the crucial thing

:28:06.:28:13.

here. In the three years from 2008 to 2011, Excel Parking issued a

:28:13.:28:18.

total of 11,498 parking tickets to drivers who had parked at the Peel

:28:18.:28:22.

Centre without paying and displaying. That's a pretty big

:28:22.:28:25.

figure. Especially when you compare it to this council-run car park in

:28:25.:28:31.

the centre of town. The car park sit a similar size to the one at

:28:31.:28:37.

the Peel Centre, but the words Pay and Display are nine times larger.

:28:37.:28:45.

Compared to Excel Parking's 11-and- a-half ,000 tickets the town centre

:28:45.:28:51.

issued just 3 ,000 nicts the same period. Lettering nine times small

:28:51.:28:56.

earn, number of tickets issued nearly four times higher. The BPA

:28:56.:28:59.

says its code of practice sets the standard for the private parking

:28:59.:29:03.

industry. But with rules that allow signs like these, isn't it time to

:29:03.:29:13.
:29:13.:29:14.

With me now the chief executive of the British Parking Association,

:29:14.:29:19.

Patrick Troy. A judge says the writing on the signs are too small,

:29:19.:29:24.

one of the Excel Parking signs and doesn't seem to bother your members

:29:24.:29:29.

at all. Well, let's get a couple of things clear here. This is

:29:29.:29:33.

unregulated, the private parking sector in this country. There is no

:29:33.:29:36.

regulation, therefore there's no regulation of signage. What we try

:29:36.:29:43.

to do at BPA is establish some form of signage which motorists can

:29:43.:29:46.

better understand. The difficulty is that for every court case that

:29:46.:29:50.

goes against an operator on signage, I can show you one which says that

:29:50.:29:55.

signage is OK. OK, would you blame our viewers watching that if they

:29:55.:30:00.

thought that's a very crafty way to make money, it's a cash cow that

:30:00.:30:08.

small writing. No, I don't think it is. Really?! Your reporter missed

:30:08.:30:12.

the pictogram which clearly shows a bigger hand with a coin in it,

:30:12.:30:16.

people who are less able to read find that ease tkwror understand.

:30:16.:30:21.

OK, pay and display, it's less than half an inch, which is what I'm

:30:21.:30:26.

holding up now, remember a driver is driving past it and so they're

:30:26.:30:32.

going into the distance with this half an inch, which says "pay and

:30:32.:30:36.

display". You've had 11,000 penalty charges in the last few years

:30:36.:30:41.

because people didn't see it and didn't pay and display.

:30:41.:30:46.

statistic... Wait a minute. Have you got an elderly aunt, would she

:30:46.:30:52.

see that? I... No, no answer me. haven't got one. You haven't, do

:30:52.:30:55.

you know somebody elderly who would be happy to see that, half an inch

:30:55.:31:00.

and they're driving past it? They could see the picture more easily

:31:00.:31:04.

than words. That's my point. What's more important is that something

:31:04.:31:07.

like a million people use that car park every year, do you know how

:31:07.:31:11.

many people pay because they see the signs 99.66%. I think if you

:31:11.:31:15.

park in a car park and you use that car park for whatever purpose, you

:31:15.:31:19.

should check out what the terms and conditions are before you leave the

:31:19.:31:23.

car park. Thank you Mr Troy I have to finish there.

:31:23.:31:27.

Excel Parking told us the court case we featured was an isolated

:31:27.:31:31.

incident. They believe it was a draif error of judgment. It's set

:31:31.:31:36.

no legal precedent. They say the signs exceeded the bfr PA standard

:31:36.:31:41.

and it benefits from the 99.6% adherence shows the vast majority

:31:41.:31:45.

of drivers understand it is a pay and display car park.

:31:45.:31:51.

Till to come: Harveys - a there's a sale on, so why is the price

:31:51.:31:54.

higher? And Claire's accessories, top mark for this jewellery, no

:31:54.:32:01.

marks for originality. Time to meet John Ovenell now, the

:32:01.:32:05.

man who could land you in court simply by getting rid of your waste.

:32:05.:32:10.

That's because he disposes of it illegally and as far as the law's

:32:10.:32:14.

concerned, that makes you responsible. So while he advertises

:32:14.:32:19.

his services as cheap and cheerful, any dealings with him could prove

:32:19.:32:24.

expensive and miserable. John's come out to our house where

:32:24.:32:30.

we've marked a load of waste with a special UV spray. Homeowner Nicky

:32:30.:32:34.

has concealed a GPS tracker among the pile to track its progress.

:32:34.:32:41.

John is cheerful. And at �45 for this collection, he's also cheap.

:32:41.:32:46.

But then price isn't the issue here. Disposing of the waste illegally is.

:32:46.:32:56.
:32:56.:32:56.

Apology for the loss of subtitles for 48 seconds

:32:56.:33:45.

Hmmm... You wouldn't be lying would Bexley tip, that would be six miles

:33:45.:33:50.

south in that direction. It offers full recycling services, including

:33:50.:33:56.

batteries and motor oil. Whoa there! John is obviously trying to

:33:56.:34:00.

make out that he's as environmentally responsible as they

:34:00.:34:10.
:34:10.:34:22.

come. As well as the green spiel, On the surface, this sounds lick a

:34:22.:34:27.

tip to avoid identity theft, but of course we know that looking through

:34:27.:34:31.

paper work is one way the Council can trace your rubbish back to you

:34:31.:34:41.
:34:41.:34:43.

Now as he leaves, our trackers begin to work. He doesn't go to

:34:43.:34:48.

Bexley tip in a southerly direction. Instead he heads for home in

:34:48.:34:52.

Sittingbourne, Kent, where the rubbish stays outside all afternoon.

:34:52.:34:59.

Then night falls and an owl makes this noise: OWL HOOTS

:34:59.:35:04.

Though it could be Dan. We heard this he tends to fly-tip

:35:04.:35:11.

between 5am and 7am. However, just before 4am he's on the move. Our

:35:11.:35:18.

team is not too far behind him tracking him all the way. And then,

:35:18.:35:23.

at 4.40am he dumps the rubbish in Kent.

:35:23.:35:33.
:35:33.:35:40.

Not too long afterwards, our team Dawn breaks in the garden of

:35:40.:35:45.

England. The birds are going chirpy, chirpy, cheep, cheep. And here

:35:45.:35:50.

comes someone who isn't terribly cheerful. Farmer Mark Chapman runs

:35:50.:35:55.

the orchard where our waste along with someone else's has ended up. I

:35:55.:35:58.

take it you turned up to work this morning and discovered this? Yes,

:35:58.:36:04.

we did. It's not for the first time. You struggle, you suffer a lot from

:36:04.:36:07.

fly-tipping? We've had it in the past, yes. What's the impact of

:36:07.:36:11.

this stuff being left here? First thing is the rubbish itself,

:36:11.:36:15.

followed by the damage to the gate. It's all pushed in, bent, again

:36:15.:36:19.

it's just another cost for us now. You don't actually know what's in

:36:19.:36:27.

there. It could be anything. If there are any sharps that my guys

:36:27.:36:31.

will hurt ourselves on. We'll be here for two, three hours, blocking

:36:31.:36:36.

up the road, tractors, trailers. All this time you should be

:36:36.:36:40.

spending growing apples. We feel partially responsible for this

:36:40.:36:45.

being here. We're going to help you clean it up. It would be a big help.

:36:45.:36:54.

We struggle sometimes to get it moved on quick enough. Cheers Mark.

:36:54.:37:02.

This is coming home with me, evidence. Unhappy farmer hey?

:37:02.:37:06.

would you like it? I wouldn't. But how do you know it's our stuff?

:37:06.:37:11.

mean apart from the mattress, the chair, the TVs, the desk, the GPS

:37:11.:37:17.

tracker an the UV spray? Still not convinced. Yeah, well, how about

:37:17.:37:27.
:37:27.:37:28.

these. Look at that, burnt Dimbleby pants. They could be anyone's.

:37:28.:37:32.

ginger wig. That could be Elton John's. This is the clincher, your

:37:32.:37:37.

picture of Cheggers. No, it's broken. Convinced now? Yes. There's

:37:37.:37:41.

still rubbish out there. I have journalistic things to do. There's

:37:41.:37:45.

your high vis, go and get busy. That's really uncool. Yeah, never

:37:45.:37:55.
:37:55.:38:05.

Look at all the hassle just one incident of fly-tipping madness has

:38:05.:38:12.

caused. A skip, three men working flat out, one slightly grumpy

:38:12.:38:22.

Portuguese man. Why did I have to get this job, Matt? So what have we

:38:22.:38:27.

learned after that? One, John Ovenell is a fly-tipper. Two, he

:38:27.:38:32.

does his dirty work when it's dark. Three, he has no respect for

:38:32.:38:35.

Cheggers. Clearly, this can't be allowed to

:38:35.:38:39.

continue. I can sense another late night coming on. We need to catch

:38:39.:38:47.

him in the act. Stay awake and keep watching.

:38:47.:38:51.

Moon river? Do you like that bit of music? We're going to talk about

:38:51.:38:55.

jewellery. I think you deserve something special. But not from

:38:55.:38:59.

Tiffany's? No it's Claire's Accessories. Get real girl. Do you

:39:00.:39:06.

like the look of them? Ah, yeah. Yeah, you may have seen a recent

:39:06.:39:11.

stories where they were accused of copying another company's designs.

:39:11.:39:15.

Tatty Devine sells hand-made jewellery from two bueteebgz in

:39:15.:39:18.

London. It has a big following in the fashion world and Mary Portas

:39:18.:39:22.

and Jessie J are fans. They've bb in the news for another reason.

:39:22.:39:25.

They've threatened Claire's with legal action. This was the reason

:39:25.:39:30.

why: Look at these pieces here: First the dinosaur necklace was

:39:30.:39:37.

launched in 2004 selling for �114. It would look nice with that dress.

:39:37.:39:42.

And very distinctive too at least they thought it was until they went

:39:42.:39:46.

shopping. We went into the Claire's Accessories and I saw the dinosaur

:39:46.:39:51.

necklace from across the room and was astounded by its similarity.

:39:51.:39:55.

One of the most important things about what we do is creating

:39:55.:40:00.

original design to. See something so similar in a High Street giant

:40:00.:40:05.

store felt, it really felt quite strange. We've been making the

:40:05.:40:08.

dinosaur necklace for ten years. You get a very intimate knowledge

:40:08.:40:12.

of the shapes and the scale of the piece. Then just to see it

:40:13.:40:19.

completely out of context, it was shocking. There you are, Tatty

:40:19.:40:20.

Devine version, Claire's Accessories version, what do you

:40:21.:40:28.

think? It's very suspicious. Yes. It becomes even more so when you

:40:28.:40:32.

look at a couple of other incredibly similar designs. Take

:40:32.:40:38.

this one, this is the original fishbone and under the counter,

:40:38.:40:42.

that's selling for �39... You'd be good at this. Here's one from

:40:42.:40:45.

good at this. Here's one from Claire's for �5. Then the banana

:40:45.:40:51.

necklace. Their version on sale for �66 for two years and then there's

:40:51.:40:57.

the High Street rival selling this one at �5. That's incredible,

:40:57.:41:00.

especially the banana necklace. How do they get away with it? They

:41:00.:41:04.

don't as from today. After Tatty Devine's owners discovered the

:41:04.:41:08.

items, they not only consulted lawyers, they posted the

:41:08.:41:11.

photographs on the internet leading to loads of publicity and a huge

:41:11.:41:15.

backing for their fight. Eight weeks later, they've won. They have

:41:15.:41:19.

given a joint statement to watchdog in which they say the dispute has

:41:19.:41:23.

been redissolved. The terms of the agreement is confidential. The

:41:23.:41:26.

banana, dinosaur and fishbone necklaces have been removed from

:41:26.:41:32.

sale in all Claire's Accessories stores worldwide. They add another

:41:32.:41:36.

three Claire's necklaces, those featuring a moustache, glasses and

:41:36.:41:40.

muedsical notes will remain available for purchase. These items

:41:40.:41:43.

are similar, but Tatty Devine tell us they're satisfied with how the

:41:43.:41:48.

stkpwuet has been resolved. I'm so glad we cleared thaup.

:41:48.:41:57.

Crack on. Tesco, TalkTalk, Harveys packing ads with small prints and

:41:57.:42:03.

disclaimers and all in Rick Wakeman's sights tonight.

:42:03.:42:10.

Ah, yes, a lie-in, a lazy day ahead an the telly. I do love daytime TV.

:42:10.:42:15.

an the telly. I do love daytime TV. Apart from stuff like this:

:42:15.:42:24.

Introducing new Ricky bics, Italian-style cereal. These are

:42:24.:42:29.

delicious and they're loved by the majority of people and now, there's

:42:30.:42:35.

50% less salt in some varieties and what's more, buy two and get one

:42:35.:42:45.
:42:45.:42:50.

free. Wow! You can even enter our Yeah, wow, it's bad enough having

:42:50.:42:54.

all those ads interrupting your favourite programmes, even worse is

:42:54.:43:02.

seeing all those get-out clauses they use. Take Sainsbury's, and

:43:02.:43:05.

their promise to match the price of branded products that you can find

:43:06.:43:08.

cheaper elsewhere. They've been banging on about it for months,

:43:09.:43:13.

which is about as long that's takes to read the list of disclaimers,

:43:13.:43:20.

just look at them all. You have to spend at least �20. It doesn't

:43:20.:43:24.

apply online. Or in convenience stores. You have to price match

:43:24.:43:27.

across your whole basket of brands, not just the ones that are cheaper

:43:27.:43:33.

elsewhere. Then there are hundreds of products which aren't included

:43:33.:43:40.

and even then, you can only claim a coupon with a maximum value of

:43:40.:43:44.

�106789 -- �10. Ads in newspapers use the same trick and you have to

:43:44.:43:50.

watch out for the dreaded asterisk. Look at this add for talk tag. Half

:43:50.:43:57.

price and the 3.25 are in massive letters, but read the disclaimer:

:43:57.:44:05.

Oh, no, yeah, you guessed, it's not �3.25. At least not when you add on

:44:05.:44:10.

the �30 or �50 connection fee plus the �13.80 a month line rental that

:44:10.:44:17.

comes with a 12-month contract. Perhaps we've become so used to

:44:17.:44:21.

seeing all this information, we don't bodger to read it. But

:44:21.:44:28.

believe me, you really do need to keep paying attention.

:44:28.:44:33.

Look at this ad from Harveys that appears to offer massive discounts

:44:33.:44:38.

on sofas. Then have a closer look at that supposedly bargain sale

:44:38.:44:45.

price of �699. It's actually �100 more than the previous price on the

:44:45.:44:54.

screen. So, we've had too much information and eyebrow-raising

:44:54.:44:59.

information. A newer kind of disclaimer concerns questionable

:44:59.:45:05.

market research. Want to know more? Ask the man from Dell Monte.

:45:05.:45:12.

jort of people preferred the taste of Dell Monty. He claimed that the

:45:12.:45:16.

majority of people liked to say yes to his orange juice compared to the

:45:16.:45:20.

leading brand. The small print show that's boast is based on a survey

:45:20.:45:28.

of only 144 respondants, 54% of whom preferred Del Monte. That

:45:28.:45:34.

means 46% of people didn't prefer I suspect most of these disclaimers

:45:34.:45:37.

are there to stop the companies getting into trouble with the

:45:37.:45:41.

advertising authorities for making misleading claims. Doesn't always

:45:41.:45:48.

work, though. Tesco's fell foul of the authority with this press claim

:45:48.:45:51.

that their British iceberg lettuces go from farm to store within 24

:45:51.:45:58.

hours. When challenged by the ASA that this might not be true they

:45:58.:46:04.

said: "Mere puffery, which did not require objective substanciation.

:46:04.:46:09.

The average consumer would interpret the ad to mean the

:46:09.:46:14.

lettuce was transported from the field to a customer's salad

:46:14.:46:21.

quickly." Why not just say that Tesco say their disclaimer was

:46:21.:46:25.

there to insure that customers understood that in rare

:46:25.:46:29.

circumstances the product may not arrive into their stores as quickly

:46:29.:46:34.

as normal. Sainsbury's say millions of people benefit from the brand

:46:34.:46:38.

match scheme. They state that the exclusion is to avoid customer

:46:38.:46:42.

disappointment. Harvey's say they have to display previous prices to

:46:42.:46:48.

comply with regulations. The sofa in the ad was sold at one lower

:46:48.:46:53.

price, as well as two higher prices. TalkTalk say all phone and

:46:53.:47:03.
:47:03.:47:04.

broadband providers advertise and it is clear, with no hidden charges.

:47:04.:47:08.

Thank you to everyone who has been in touch with that story. Here is a

:47:08.:47:11.

few more. Water users, that's you and me. Not

:47:11.:47:17.

only have millions of us got a hosepipe ban to deal with, we've

:47:17.:47:21.

been buying something we may not need. We spend �100 million on

:47:21.:47:26.

insurance for pipes each year even though most water companies provide

:47:26.:47:30.

a subsidised or free repair service. Strange then that nine of them have

:47:30.:47:35.

been trying too persuade us to buy those sometimes unnecessary third

:47:35.:47:38.

party protection policies. The Consumers' Association Which? Found

:47:38.:47:42.

them pushing the insurance via direct mail promotions, sometimes

:47:42.:47:47.

on their own headed notepaper. Now the industry regulator Ofwat says

:47:47.:47:51.

it has raised concerns about the practise with the Financial

:47:51.:47:55.

Services Authority. So, as the drought spreads, don't waste water.

:47:55.:48:01.

Or your money. BT has been accused of making

:48:01.:48:06.

misleading claims about the speed of its Infinity broadband service.

:48:06.:48:11.

They launched it claiming you could share photos and videos at

:48:11.:48:21.
:48:21.:48:26.

unbeatable speeds, but it didn't They said they thought the viewers

:48:26.:48:29.

would understand what the claims were referring to. The Advertising

:48:29.:48:34.

Standards Authority disagreed. As the company were unable to provide

:48:34.:48:38.

evidence that their download speeds were unbeatable, they've band their

:48:38.:48:44.

TV, press and online ads. A holiday at Pontins for a bargain

:48:44.:48:49.

price in Jubilee week? Who could resist? When this online ad

:48:49.:48:54.

appeared in January customers couldn't wait to make their

:48:54.:49:04.
:49:04.:49:04.

bookings. Seven nights at the resort in Somerset for just � 35

:49:04.:49:08.

for an apartment. But Pontins has cancelled the bookings and its

:49:08.:49:16.

website is offering the same week at the end of May for �347. Pontins

:49:16.:49:21.

say the original ad was a clear cal error. But customers say they were

:49:21.:49:25.

given no explanation. They were however projectsed a phone call

:49:25.:49:28.

from Pontins operations manager, Eileen Downey, although they are

:49:28.:49:34.

still waiting a great shame for all of us. It would have been so nice

:49:34.:49:41.

to hear from her again. Although they are now writing to

:49:41.:49:48.

customers. Time's nearly up for Mr John

:49:48.:49:52.

Ovenell, the fly-tipper who ruthlessly disposed of our waste,

:49:52.:49:56.

including our photo of Cheggers. How could he? One of the questions

:49:56.:50:02.

I want to ask him. But first, I need a cunning plan. And the

:50:02.:50:10.

cunning plan is... It is sort of the same plan as last time. If it

:50:10.:50:16.

ain't broke... Yep, we've called him out again to dispose of

:50:16.:50:22.

furniture, marked with a UV spray, and a couple of concealed trackers.

:50:22.:50:28.

We've also got this lioness, who at first glance is scary and vicious,

:50:28.:50:32.

but is a pussycat. We'll call her Anne Robinson. And it is time John

:50:32.:50:41.

Ovenell is here. And right on cue, he is! Once again he's in a chatty

:50:41.:50:45.

mood. Last time he was keen to tell us how he disposed of waste

:50:46.:50:51.

responsibly. This time he wants to talk about his qualifications.

:50:51.:50:57.

asked for my waste licence. I said two seconds. I go in my glove box

:50:57.:51:03.

and say there is my number there, and they say, "See you later."

:51:03.:51:07.

nice story, John, but the trouble is you don't actually have a waste

:51:07.:51:16.

carrier's licence. We pay him the agreed �50 and he is off. Where

:51:16.:51:23.

would he be heading? We track our rubbish, and off a

:51:23.:51:30.

couple of detours it ends up outside his house. There it is. And

:51:30.:51:40.
:51:40.:51:41.

there it is again a few hours later at dusk. And then the sun sets. It

:51:41.:51:45.

is the perfect time for a fly- tipper. While this music provides

:51:45.:51:49.

the perfect soundtrack for following one, it kind of builds

:51:49.:51:54.

the tension. John Ovenell is on the road making a big Tuesday night of

:51:54.:51:59.

it. He's heading into London. He's about ten miles from home with his

:51:59.:52:04.

truck full of rubbish, some of which is ours, and our tracker.

:52:04.:52:09.

Where he drops it we do not know. It could be your town. John Ovenell

:52:09.:52:13.

could be coming to your town with our rubbish. Not me though. I'm

:52:13.:52:17.

heading to his town. I want to be waiting outside his house when he

:52:17.:52:22.

gets home. The surveillance team follow him tall way to Esher in

:52:22.:52:29.

Surrey where, at 1.20am... Oh, my God, he's dumped! He's gone and

:52:29.:52:35.

done it again. This time unloading our rubbish by the side of the road

:52:35.:52:41.

next to a rugby club. It is definitely ours. Isn't that right,

:52:41.:52:45.

stuffed Anne Robinson? After that illegal unloading we were expecting

:52:45.:52:52.

him to come back to his house where I was sat waiting until the early

:52:52.:52:56.

hours. But we didn't see him. After morning broke we came one a plan

:52:56.:53:02.

which meant I could finally talk to him. It is now a quarter to one and,

:53:02.:53:11.

as you can see, I'm in the road traders -- Rogue Traders spring-

:53:11.:53:16.

summer collection. We are waiting for John Ovenell. We've called him

:53:16.:53:22.

out again to pick up another load of rubbish. There is no other load.

:53:22.:53:26.

We are done giving John Ovenell any more things to leave by the side of

:53:26.:53:31.

roads. All he will find when he gets here is us. And here he is. He

:53:31.:53:38.

is not happy that our van is parked in his way. I know the grumpy

:53:38.:53:45.

feeling John. Some of us have been up all night. Hello mate, are you

:53:45.:53:50.

alright? Sorry, is you couldn't park here could ya? A I've got a

:53:50.:54:00.
:54:00.:54:03.

We think we've been rumbled but no, our driver moves to make room for

:54:03.:54:10.

him. Having repositioned the van, it is then time for me to make my

:54:10.:54:19.

move. Hi John, Matt alwrite BBC Rogue Traders, how you doing? Can

:54:19.:54:23.

we talk about fly-tipping, where you've taken rubbish from us and

:54:23.:54:30.

it's ended up by the side of the road. It wasn't me. You have. We

:54:30.:54:34.

followed that rubbish as it ended up by the side of the road.

:54:34.:54:40.

Unfortunately it is you John. That's what you've done on so many

:54:40.:54:45.

other occasions. See you John, bye- bye.

:54:45.:54:52.

That's John Ovenell. Advertised himself as cheap and cheerful.

:54:52.:55:00.

Today it seems just cheap. I'm quite used to rogues doing a runner

:55:00.:55:07.

without saying much, but I was expecting a bit more from John.

:55:07.:55:11.

This is the same guy who could chat for Britain when called out for a

:55:11.:55:15.

job. I've got a field with some horses

:55:15.:55:21.

on down in Kent. So has the chatty man taken a vow of silence?

:55:21.:55:27.

Well, no. We've just driven round the corner,

:55:27.:55:33.

having had a brief conversation with John Ovenell and he's called

:55:33.:55:43.
:55:43.:56:18.

Don't lie John. Well, from Mr Cheap and cheerful I would say that's a

:56:19.:56:21.

bit rich. He has been back in touch to tell

:56:21.:56:24.

us he doesn't fly-tip. He admits he doesn't have a waste carrier's

:56:24.:56:29.

licence but does have the forms to apply for one. He's apologised to

:56:29.:56:34.

the farmer and says he is not going to collect waste any more, even for

:56:34.:56:38.

�1,000. He did do one last pick-up though. Remember that second lots

:56:38.:56:43.

of rubbish he dumped? Before we could clear it away he gathered it

:56:43.:56:47.

up and dumped it back on the driveway of the house we had rented.

:56:47.:56:53.

But at least that means we got Annie back. There she is. It is a

:56:53.:56:58.

good photo. It is not as good as this one here. John Ovenell, not to

:56:58.:57:01.

be confused with anyone else advertising cheap and cheerful

:57:01.:57:06.

clearance, is the latest face on our rogues' gallery.

:57:06.:57:10.

Hundreds of you have been getting in touch about the British Gas

:57:10.:57:15.

story. A lot are claiming to have had the same issues - boilers being

:57:15.:57:21.

condemned and then told by other engineers that they are no working

:57:21.:57:28.

order. Chris Jansen said anyone with concerns about advice or

:57:28.:57:34.

service should contact him drefplt -- drefplt

:57:34.:57:39.

-- directly. Keep sending us your stories and

:57:39.:57:46.

tip-offs. Go to our website - bbc.co.uk/watchdog. Click where it

:57:46.:57:52.

says your story. Or you can write to us.

:57:52.:57:56.

Next week, Barclays. Has someone raided your account? Good luck

:57:56.:58:01.

getting your money back. If I at - faulty power steering. Can

:58:01.:58:05.

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