Episode 2 Watchdog


Episode 2

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delays. Superdrug. Cashing in on the hay-fever epidemic. Plus. Tesco.

:00:18.:00:23.

Harveys. Virgin Rail. And. Have you got an Indesit or Hot-Point washing

:00:23.:00:25.

machine? Hope it's still in one piece. It's Watchdog. The programme

:00:25.:00:35.
:00:35.:00:48.

Hello and good evening. Welcome to Watchdog. We're live, as usual, for

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the next 60 minutes. Tonight. Thomson. Thomas Cook. Monarch.

:00:53.:01:02.

Ignoring the flight delay rules. So no payouts for passengers. For them

:01:02.:01:07.

to not only have treated us the way they did in the airport, but to then

:01:07.:01:13.

not be compliant with the rules, you are just really let down.

:01:13.:01:17.

Also tonight. Indesit. Hotpoint. Machines that go bang. Is yours one

:01:17.:01:20.

of them? Plus. Tesco. Toys for boys. Protests from girls. And, same

:01:20.:01:23.

product. Different price. Don't catch a cold fighting hay fever.

:01:23.:01:26.

Don't know about fever, but he certainly loves his hay. Yes, we're

:01:26.:01:30.

talking horses tonight. And we're featuring a dealer who

:01:30.:01:40.
:01:40.:01:46.

know about it. Well, explain this. And what about this other one he

:01:46.:01:53.

sold? It is clear to me that you have a

:01:53.:01:57.

problem. A very big horse shaped problem, and

:01:57.:02:03.

one caused by dealer David Thomas, we are on the hunt for him and I

:02:03.:02:08.

have the bit between my teeth. And so as he!

:02:08.:02:12.

First, Thomson. Thomas Cook. Monarch. Three of the biggest names

:02:12.:02:15.

in holidays. And all bound by a new European rule, entitling passengers

:02:15.:02:18.

to compensation if their flight is delayed by more than three hours.

:02:18.:02:21.

Even better, the rule is backdated, meaning you can claim for delays

:02:21.:02:26.

stretching as far as 2007. But don't go too excited. The rule has

:02:26.:02:29.

changed. But some companies are determined not to pay up. Here is

:02:29.:02:39.
:02:39.:02:40.

Ever experienced scenes like these? Thousands of flights to and from the

:02:40.:02:44.

UK are delayed every year, leaving passengers frustrated, board and

:02:44.:02:54.
:02:54.:02:58.

angry. But thanks to the catchily titled EU regulation 261, delays can

:02:58.:03:01.

mean money. If your flight is held up, you could be eligible for up to

:03:01.:03:07.

�480 per person, even better, the rule is retrospective and a plate of

:03:07.:03:13.

flights taken during the last six years. -- and apply. So how do you

:03:13.:03:19.

qualify for this compensation? Well, first, you need to have flown

:03:19.:03:25.

in or out of a European airport. Secondly, the delay must have been

:03:25.:03:29.

for more than three hours. And lastly, the airline needs to have

:03:29.:03:37.

been at fault. That last bit is important. Why? If the airline can

:03:37.:03:45.

show it was not to blame, you can wave the high to your payout! -- you

:03:45.:03:49.

can wave by bike. Judging by complaints to this programme, the

:03:49.:03:53.

most common way to wriggle out of payment is to blame an extraordinary

:03:53.:04:00.

circumstance, but what does that mean? It is an event outside the

:04:00.:04:07.

control of the airline. Such as an aircraft that gets hit by a bird on

:04:07.:04:09.

the windscreen or in the engine would clearly have an exceptional

:04:09.:04:12.

circumstances -- circumstance and would have to land. An emergency on

:04:12.:04:18.

board like a medical emergency might make the aircraft lands suddenly,

:04:18.:04:22.

that would also be extraordinary. And it whether event like the

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volcanic ash in 2010 when all aircraft were grounded for a week

:04:25.:04:29.

would be exceptional circumstances for which no compensation would be

:04:29.:04:37.

paid. A straightforward explanation, simple to understand, with so why

:04:37.:04:42.

are so many airlines struggling with a definition? Take Thomas Cook. Andy

:04:42.:04:49.

was delayed for 12 hours on a flight to try -- on a last year. Once over

:04:49.:04:52.

the English Channel, the pilot announced we had been diverted back

:04:52.:04:57.

to Gatwick and had to land and we would get in one evening, but we got

:04:57.:05:01.

in the following lunchtime. We got back to the UK and I contacted

:05:01.:05:06.

Thomas Cook who wrote a letter explaining it was a chilly unit and

:05:06.:05:09.

that the galley cot had a technical fault and had started smoking on the

:05:09.:05:12.

plane. They felt it was extraordinary circumstance and

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because of that they were not prepared to pay out.

:05:19.:05:23.

Thomas Cook were right to ground the flight but were they right to blame

:05:23.:05:27.

someone else? Does a smoking cart count as an extraordinary

:05:27.:05:34.

circumstance? These do not include normal technical faults, the courts

:05:34.:05:39.

have made it clear technical faults are something one should therefore,

:05:39.:05:41.

they should have adequate maintenance and if necessary they

:05:41.:05:50.

should have been done by aircraft if an extraordinary fault occurs. So in

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our opinion, no extraordinary circumstance. Monica next. Anthony

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tried to claim compensation when his flight from Portugal was delayed for

:05:59.:06:04.

more than nine hours in October. air bus we were due to flight back

:06:04.:06:10.

on had a technical fault, something to do with the front landing gear,

:06:10.:06:14.

so no evidence was available and we had to go on to two planes. We went

:06:14.:06:20.

on the second plane and that is not go until 7:30pm. Mynach told us it

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was extraordinary circumstances, so no claims. -- one. A delay on a

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fault on a different fight, -- flight, how should this be classed?

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Extraordinary circumstance is only applicable to your own flight so if

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the plane was subject to a technical fault any previous fight, that is

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not an extraordinary circumstance. -- on a previous fight. Who do

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airlines and is too? When the new rule was introduced, the CAA urged

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passengers to make claims. They said it was ready to ensure airlines

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complied, strong words, but have they followed it with action? Not

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enough, says Anthony. I contacted the CAA and they said there was a

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claim, go back to Monarch and say, in their ripping you, it is a claim.

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-- in their opinion. Monarch said, no. That is because the CAA cannot

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force airlines to pay out. But six weeks ago, beat you promised to

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strengthen rights with new legislation tightening the

:07:29.:07:36.

definition of extraordinary circumstance -- the EU. Only delays

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caused by natural disasters and air traffic control strikes can be so

:07:39.:07:46.

defined. Those caused by technical circumstances cannot.

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However clear the rules, at least one line appears determined to play

:07:50.:07:59.

by its own. Karen's flight from the brand -- from the Dominican Republic

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was delayed in 2008, so as the rule covers claims going back six years,

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she made a claim. They said I should have applied for the compensation

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within two years and they were not prepared to do anything and I did

:08:15.:08:23.

not have a claim. Not so, says Alan. The airline has alleged the time

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limit is two years, the European Court have made it clear the time

:08:28.:08:35.

limit is six years from the date of the flight. So surely Thomson do

:08:35.:08:40.

have a case to answer? With all three of these airlines seemingly

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doing their best to sidestep the legislation and with the CAA unable

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to force them, where does that leave us? And our own, according to the

:08:49.:08:57.

experts. You should write direct to the airline and you should notice --

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give notice you are going to take proceedings if you do not like their

:09:00.:09:05.

ancestor Mike OK, some responses to that report.

:09:05.:09:08.

Firstly, Thomas Cook Airlines have apologised to Andy Edge for the

:09:08.:09:11.

delay on his flight to Tunisia, caused by smoke in the cabin. They

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say that since the update to EU legislation, they are now reviewing

:09:14.:09:17.

the case as a priority. Monarch Airlines say they have

:09:17.:09:19.

investigated Antony Durran's claim, but they remain satisfied that the

:09:19.:09:22.

nine-hour delay on his flight home from Portugal was the result of an

:09:22.:09:25.

extraordinary circumstance. As a result, they say that he does not

:09:25.:09:27.

qualify for compensation. And finally, Thomson, whose flight

:09:27.:09:30.

carrying Karen Strahan home from the Dominican Republic was delayed for

:09:30.:09:33.

14 hours. Now, interestingly, they still insist they can't consider her

:09:33.:09:39.

claim because the delay occurred back in 2008. Despite the new

:09:40.:09:42.

ruling, which applies to flights going back six years, Thomson are

:09:42.:09:45.

adamant that all claims to do with "international carriage by air" are

:09:45.:09:48.

subject to the Montreal Convention, which says claims must be brought

:09:48.:09:55.

within two years. As we heard, if you're -- if your

:09:55.:10:00.

airline will not pay up, you can take your case to the CAA. You are

:10:00.:10:07.

from the CAA, what is your response to Thomson? They say two years, the

:10:07.:10:12.

law is six years. It is great you are raising this because people do

:10:12.:10:18.

not know they have got rights all the time. People need to understand

:10:18.:10:22.

this fault question does not apply to most of their rights. If you are

:10:22.:10:25.

not allowed to fly, they have to look after you and put you in a

:10:26.:10:30.

hotel overnight and so forth, regardless of whose fault it is.

:10:30.:10:34.

Somebody spent the night in an airport terminal, that is not right.

:10:35.:10:42.

And it is six years, not two years. You are the regulator and if you

:10:42.:10:46.

disagree, why are they not listening? We advise people to get

:10:46.:10:50.

their claims in as quickly as possible. How many of us have

:10:50.:10:55.

tickets from five years ago? Airlines say they do not keep

:10:55.:10:57.

records for that long, so although people have the right, it is

:10:57.:11:03.

difficult handling a case going back a long ways that Mac back to the

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extraordinary circumstances. Monarch, it was a problem with an

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earlier flight, is that an extraordinary circumstance? You need

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to look at individual circumstances. We have a team of people who provide

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a free mediation service. If people do not get their rights, about half

:11:21.:11:25.

of people, airlines to pay at their first claim, but if you do not get

:11:25.:11:30.

rights, come to us because a lot of people will charge you. We do it

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free. Do not sit on the fence, is a delay of another flight and

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extraordinary circumstance? I do not want to give airlines give

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airlines if Blunkett passed, it can be, but if the airline has failed to

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do proper maintenance, that is not extraordinary -- a blanket pass. And

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the trolley on fire? It depends whether they followed manufacturers

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instructions. I do not want to give rulings that let airlines of the

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hot. How quickly can you resolve it? It usually takes two to three months

:12:11.:12:17.

to get evidence from the airlines, we have about �85,000 worth of

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compensation for passengers over the last few months because we have a

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free service. They could go to the Small Claims Court. Repro -- we

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provide a free service, it costs money to go to court. People still

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have the right to go to court. The law is complicated and we welcome

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the fact the EU is trying to simplify it and we can act on behalf

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of people to get things sorted out. Thank you very much.

:12:47.:12:57.
:12:57.:13:05.

If you want to comment on that, this know these machines can explode. Why

:13:05.:13:08.

aren't they warning the owners? And, cashing in on the hay-fever

:13:08.:13:18.
:13:18.:13:19.

epidemic. The medicines that cost more, despite being the same. Bikes.

:13:19.:13:22.

So last series! Isn't that right? See that? Little shake of the head

:13:22.:13:32.
:13:32.:13:33.

there? That means he agrees with me. But then, I've had a very special

:13:33.:13:43.
:13:43.:13:53.

understanding with horses. Always Yes, me and horses go back a long

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way, and I have even called the most natural horseman of my generation.

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And in no way do I look like a very scared monkeys strapped onto a

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spaniel! I still like bikes, but these different horses have brains

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and feelings. I do not like it -- they do not like it if you put

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petrol in them. You should treat a horse well and if you write one, you

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should be sure it is safe, asked James. No relation to this legendary

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Irish Thoroughbred and Cheltenham cup winner of the same name. She

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paid �4000 for two horses from the stables near Scunthorpe. One of them

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was called Ed. No relation to Mr Ed, legendary star of the 1950s US it,

:14:44.:14:50.

of the same name. He was sold as a six-year-old when he turned out to

:14:50.:14:55.

be four. The other horse was Monty, who Jane wanted to buy for her

:14:55.:15:05.
:15:05.:15:11.

six years old. She wanted to compete in showjumping. He said Monty would

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be perfect. Perfect except for the serious ligament injury which Jane

:15:15.:15:23.

discovered after buying him. He was sold to us as a jumping horse. When

:15:23.:15:29.

I found out about the injury and got advice from the vet he should not be

:15:29.:15:34.

jumping, not with having that injury in the past because there is a high

:15:34.:15:43.

chance of it re-occurring. He may well have thrown my daughter.

:15:43.:15:48.

Kelly's Cobs agreed to take back the horse and refund the money except

:15:48.:15:52.

for the final �500 which they refused to hand over. This is their

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website where they sell horses, ride horses and stand on horses. That is

:15:59.:16:03.

strange. Even stranger, the man Jane dealt with is nowhere to be seen but

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we know he is called David Thomas. You will not find him mentioned.

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Funny, it is almost as if there is something he is keen to hide. You

:16:13.:16:23.
:16:23.:16:25.

know what, there is. Yes, let's return to 2005 when Watchdog exposed

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the same David Thomas selling horses as one of them when they were quite

:16:29.:16:37.

another. David Thomas, had you got anything to say about horse imports?

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One year on, Thomas was jailed after Watchdog found him selling so-called

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pedigree puppies in such poor condition many of them died. Francis

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of Assisi he is not. Now is a disqualified company director he is

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not allowed to be involved in the running of the company either. Yet

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Lisa would dealt with him direct when she went to Kelly's Cobs

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looking for horse for her grandkids. She said she did not want a

:17:08.:17:16.

difficult young horse, she wanted an adult. He offered her woody. I was

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told he was four. I discovered his true age when the vet started

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vaccinations. He lifted his lip up and looked at his teeth and informed

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me he was only 2.5. So not an out all at all but in horse terms, a

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teenager, and a typically moody one. The reality is, he barges, he

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kicks, he is unpredictable. I had a friend who led him for me once. He

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yanked her so bad she had to go to a friend who led him for me once. He

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yanked her so bad she had to go to A&E. That is clear to me that you

:18:03.:18:08.

have a problem there. A big problem and as you can see for yourself with

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the rolling, how could I put a child on him? Just too dangerous.

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dangerous. It is time for a stint with hidden cameras and stuff. Enter

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our expert. She is visiting Kelly's Cobs posing as a customer. She's

:18:29.:18:34.

very specific in her request. She wants a horse suitable for a novice

:18:34.:18:44.
:18:44.:18:53.

rider. In return they recommend one prime and has seen much of the

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world. Sure my hooves it is David Thomas. Restrain yourselves, ladies,

:19:03.:19:13.
:19:13.:19:16.

this is business, not pleasure. It sounds like a bargain but I am no

:19:16.:19:22.

expert. Fleur however is. Being the expert she is she thinks she has

:19:22.:19:32.
:19:32.:19:42.

spotted signs of an injury, a swollen hind leg. Yes, my leg swells

:19:42.:19:49.

up when I stay indoors as well. Happens all the time. Very painful.

:19:49.:19:56.

Our team leaves to mull over the deal. Will we be back? You bet. And

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what are the odds of him selling us a fine healthy beast like this one

:20:01.:20:06.

rather than one that is not fit to be written? Exactly. Saddle up, we

:20:06.:20:13.

are in for a bumpy ride. A lot of you getting in touch about

:20:13.:20:16.

that flight delay compensation story. Here is one from Paul

:20:16.:20:21.

Bentley. He said his flight from Corfu was delayed by 16 hours due to

:20:21.:20:28.

a hydraulic failing. The aircraft say they do not have to pay out. An

:20:28.:20:33.

e-mail from Julia said her flight suffered along delayed because of

:20:33.:20:38.

damage to an aircraft wing by a set of steps. The airline are claiming

:20:38.:20:41.

this can be classed as an extraordinary circumstance they do

:20:41.:20:48.

not have to pay compensation. An update on one of last weekstories.

:20:48.:20:52.

It concerns Boots and their decision to take down a sign saying a range

:20:52.:20:56.

of scientific toys was suitable for boys only. There were complaints

:20:57.:21:02.

from some customers that it was sexist. In their response, Boots

:21:02.:21:06.

insisted they were very supportive of women in science. I wanted to

:21:06.:21:11.

know, quite reasonably, if they took women so seriously, how many women

:21:11.:21:18.

are on the Boots board? It is one out of 16. Almost as many as Tesco

:21:18.:21:23.

which has three women on the board out of ten. That has not stopped it

:21:23.:21:28.

doing the same thing. This is how they have been advertising chemistry

:21:28.:21:33.

sets on the Tesco Direct website. They say suitable age range, nine to

:21:33.:21:41.

12 and gender, boys. An explanation from the spokes man or spokeswoman?

:21:41.:21:45.

It is a Tesco spokesperson. He or she has sent out apologetic e-mails

:21:45.:21:50.

to customers who have complained. The company has now agreed to stop

:21:50.:21:54.

labelling the chemistry sets for boys only. From now on they will be

:21:54.:21:59.

branded as unisex. It also says it is carrying out a review of how all

:21:59.:22:04.

toys are labelled on its website. Another result. Next, Indesit and

:22:04.:22:08.

Hotpoint, two of the bestselling washing machine brands in the UK.

:22:08.:22:14.

Last year we showed how a fault which caused some Indesit machines

:22:14.:22:20.

to explode on the spin cycle. I was in the lounge with the

:22:20.:22:25.

children, playing with their toys and keeping them amused. I heard a

:22:25.:22:30.

horrendous bang go off in the kitchen. There was the most almighty

:22:30.:22:35.

crash you could ever wish to hear. Thinking half the house was coming

:22:35.:22:40.

down. It sounded basically like a bomb or something like that had

:22:40.:22:45.

exploded. I was so angry and livid at the fact that one of them could

:22:45.:22:53.

have got injured. The response from Indesit was the

:22:53.:22:58.

fault is confined to two models, only a small number of machines are

:22:58.:23:03.

affected. The size of the risk does not warrant a recall. Really? Have a

:23:03.:23:09.

look at this. Machinery mangled, work services

:23:09.:23:14.

destroyed, owners terrified. When we asked an expert what had caused

:23:14.:23:18.

these explosions, he pinpointed a potentially dangerous flaw when they

:23:18.:23:24.

were spinning. I believe what happens is a seam splits open. Then

:23:24.:23:30.

what happens is the drum itself will open like a can. When it splits it

:23:30.:23:33.

hits the outer drum and breaks through the outer drum. That is made

:23:33.:23:41.

of plastic. Hitting the concrete. This is the weight on the top it is

:23:41.:23:47.

hitting. This is smashing through the top and causing the damage.

:23:47.:23:57.
:23:57.:23:59.

of damage. But according to Indesit, just two models. They said

:23:59.:24:04.

only these two models were affected. A big relief to other

:24:04.:24:10.

Indesit owners like Lee. It could be catastrophic. I saw Watchdog last

:24:10.:24:16.

year and I checked the model number and it wasn't anything to do with

:24:16.:24:21.

that so I was not wary about it. I thought it was just those models.

:24:21.:24:27.

Lee's model is different and it turns that she should have been

:24:27.:24:31.

worried. In March she was in the kitchen with her friend Claire and

:24:31.:24:39.

her four-year-old daughter. I was leaning on the washing machine and

:24:39.:24:44.

there was a massive bang, an explosion and I was pushed forwards

:24:44.:24:48.

into my friend who was cradling her daughter on the floor. We tried

:24:48.:24:53.

asking if she was all right but she had been hit by the drawer and she

:24:53.:24:57.

could not speak. I could not breathe, it had winded me. I managed

:24:57.:25:03.

to get the plug and turn it off. If I had not been standing in front of

:25:03.:25:08.

the washing machine my friend and her daughter would have been hit. I

:25:08.:25:12.

went to the doctors and they said I have whiplash to my back and now I

:25:12.:25:17.

have a trapped nerve to my spine. Incredibly, Lee is one of 50 Indesit

:25:17.:25:23.

owners who got in touch after the last series to tell us that they're

:25:23.:25:26.

washing machines had also exploded and not just the two the company had

:25:26.:25:31.

told us about but a wide range of machines. We have received

:25:31.:25:36.

complaints about 14 models made by Indesit and its sister company

:25:36.:25:46.
:25:46.:25:53.

Hotpoint. The story is always the same. When the machine is in its

:25:53.:25:55.

peak spin cycle, the machine explodes firing Babe Ruth through

:25:55.:25:58.

the front and the concrete block through the lid. In the vast

:25:58.:26:03.

majority of cases Indesit pay compensation for damage. They also

:26:03.:26:10.

pay for damages. This machine, although it is a different model, it

:26:10.:26:14.

is exactly the same as the pictures we have seen and the one I took

:26:14.:26:20.

apart. This is where the scene is here. It has split. Nobody sees it

:26:20.:26:25.

because there is a paddle over the top of it. When it splits it goes

:26:25.:26:30.

out on the left-hand side, breaks here and start carrying on. The

:26:30.:26:36.

speed it is going, it is probably on its full spin cycle which is 1600

:26:36.:26:41.

revs. That is why it causes so much damage. I don't believe they are

:26:41.:26:46.

constructed so they can do 1600 revs. I think they are going far too

:26:46.:26:51.

fast for the construction of the machine. Drums ripped, tops blown

:26:51.:26:57.

off, parts thrown through the front. You may be shocked by some of these

:26:57.:27:01.

photos but Indesit will not be because we have obtained a document

:27:01.:27:07.

which shows they have known about this document since at least 2010.

:27:07.:27:12.

In February this year, they issued this bulletin coded red for a major

:27:12.:27:17.

safety issue. It is aimed at engineers who respond to callouts

:27:17.:27:23.

from customers. It instructs them to look out for signs of splitting or

:27:23.:27:33.

cracking. The bulletin names five Indesit models and two hot points.

:27:33.:27:37.

The engineers are instructed to sit a bracket over the top of the

:27:37.:27:41.

washing machine. This is supposed to stop any daily being thrown out of

:27:42.:27:47.

the top of the machine. But even if the bracket does its job it will not

:27:47.:27:51.

stop parts like the soap dish being thrown from the front -- front of

:27:51.:27:56.

the machine and it will not stop it happening in the first place.

:27:56.:28:02.

been in the industry for 30 years and I have never seen so much damage

:28:02.:28:07.

before, damage which could be done to someone. Not just damage in

:28:07.:28:12.

theory, damage in reality. T rolled Harry from Leicester was hit in the

:28:12.:28:19.

face by a piece of exploding plastic. Or ask Lee still recovering

:28:19.:28:25.

from her injuries two months on. cannot lift anything properly or run

:28:25.:28:29.

around with my children due to it. I am on strong painkillers in the

:28:29.:28:38.

evening. That could really injure somebody. They need to sort it out.

:28:39.:28:43.

Despite all that is, there are no plans for a recall. Indesit

:28:43.:28:49.

maintains only a small percentage of machines made between 2007 and 2009

:28:50.:28:54.

could be affected. Once the company became aware of the issue it was

:28:54.:28:58.

assessed under General product regulations and classified as very

:28:58.:29:02.

low risk. It said owners do not need to be notified. It says it treats

:29:02.:29:08.

any safety shoes with the utmost seriousness. It says the issue does

:29:08.:29:13.

not face -- affect any new machines. It says any customers with

:29:13.:29:17.

concerns should go to the Indesit or Hotpoint websites. If you want a

:29:17.:29:22.

full list of the models we have identified as having a problem, you

:29:22.:29:29.

can go to our website. Next, hayfever already on the rise.

:29:29.:29:34.

Remedies are flying off the shelves. Before you buy one you need to watch

:29:34.:29:37.

this. Remember this? You should do because

:29:37.:29:47.
:29:47.:29:50.

it seemed to last forever. Now the weather is finally moving up and the

:29:50.:29:53.

good news is we can say goodbye to the winter colds. The bad news is

:29:53.:29:56.

hayfever is back and this is likely to be one of the worst years ever.

:29:56.:29:59.

The winter dragged on and on and on. It was the coldest March for 50

:29:59.:30:04.

years. Now it has turned warm and pollen is being released. There is

:30:04.:30:09.

birch pollen in abundance. Looking ahead to May we can turn our

:30:09.:30:14.

attention to grass pollen. 95% of hayfever sufferers are allergic to

:30:14.:30:20.

grass pollen. Lots of us will be turning to over the counter remedies

:30:20.:30:26.

to ease symptoms such as runny nose, itchy throat, watery eyes and

:30:26.:30:31.

sneezing. Now there is a big choice of products to relieve hayfever. It

:30:31.:30:36.

seems like there is something to relieve every symptom but while

:30:36.:30:40.

product can have different names and prices they can be exactly the same.

:30:41.:30:47.

Take Sudafed. It has a nasal spray to deal with it and if you need

:30:47.:30:51.

mucus relief there is a new Sudafed product to deal with that as well.

:30:51.:30:56.

But is there actually any difference? A close inspection of

:30:56.:30:59.

the package reveals they have the same product licence number from the

:30:59.:31:09.

manufacturer which means they are identical. So why would Sudafed

:31:09.:31:13.

market the spray is new? The cancer may be found in the cost. In two

:31:13.:31:20.

major chains, we found it selling for 60p more than the spray. The

:31:20.:31:24.

packet may save a suitable for hay fever sufferers but the really

:31:24.:31:29.

important information is here, so when comparing products, make sure

:31:29.:31:33.

you also study the numbers. OK, we have seen one example from

:31:33.:31:36.

Sudafed there, now look at these three. Morrisons' Allergy Relief

:31:36.:31:42.

tablets. �1.99. Tesco Hayfever and Allergy Relief. �2.30. And Boots'

:31:42.:31:48.

Hayfever and Allergy Relief. �8.99. That's more than four times as

:31:48.:31:54.

expensive as the one from Morrisons. Dr Martin Lobley, you're a GP.

:31:54.:32:02.

What's the difference between those three products? The quick answer

:32:02.:32:08.

is, nothing at all. The active ingredients or identical and even

:32:08.:32:14.

the inactivity ingredients are the same. Had a Boots get away with

:32:14.:32:18.

charging four times more than Morrisons? This is marketing and not

:32:18.:32:23.

medicine, people will pay for the package. It is more luxury is

:32:23.:32:32.

looking, they think it is worth the extra 50p, it rarely is. These

:32:32.:32:36.

remedies claim to believe different symptoms. Different prices, can you

:32:36.:32:43.

target separate symptoms? Not in that sense. Hayfever is an allergic

:32:43.:32:47.

condition and there are other causes of allergy. An antihistamine tablet

:32:47.:32:51.

will target all the allergic reactions, you cannot pick and

:32:51.:33:00.

choose. The white packet, that costs 99p. Should we bother to pay more

:33:00.:33:07.

than that? No, you should go for that, simple as that. Do you

:33:07.:33:14.

constantly have to read -- have to recommend that? I do similar

:33:14.:33:16.

products and/or the NHS prescriptions we write hard

:33:16.:33:21.

generically made, nonbranded description items. Thank you very

:33:21.:33:25.

much. Thanks, Annie. We have since spoken

:33:25.:33:28.

to Johnson & Johnson, the makers of Sudafed. They have confirmed that

:33:28.:33:31.

Sudafed Mucas Relief and Sudafed Blocked Nose Spray have identical

:33:31.:33:34.

formulas, but say each product has been developed to enable consumers

:33:34.:33:36.

to correctly self-select the products they need by symptom.

:33:36.:33:39.

Both names have been approved by the Medicines and Healthcare Products

:33:39.:33:41.

Regulation Agency and reflect this targeting of the consumers'

:33:41.:33:44.

symptoms. They say the recommended retail price for both products is

:33:44.:33:47.

exactly the same for both. And they have no control over what retailers

:33:47.:33:57.
:33:57.:33:59.

ultimately charge for them. Boots say they offer the widest range of

:33:59.:34:03.

hayfever and allergy treatments on the market, starting from 99p, to

:34:03.:34:09.

provide a range of solutions to suit every customer need and price

:34:09.:34:12.

points. Still to come. The Watchdog Guide to

:34:12.:34:15.

getting your money back. The driver who took on the Citroen

:34:15.:34:21.

dealer, and won. OK, back to horse dealers, Kelly's

:34:21.:34:24.

Cobs, of Scunthorpe, now. Or, more particularly, David Thomas, who is

:34:24.:34:27.

banned from being involved in running a company, but seems to be

:34:27.:34:33.

very involved in this one. He has tried to sell us a horse called

:34:33.:34:37.

Loppy, who we think might have an injury. But we won't know until we

:34:37.:34:46.

buy her. , back to the yard, and we are taken

:34:46.:34:52.

to see David Thomas, looking at home in the company office. Earlier, he

:34:52.:34:59.

told us the horse was 12, and now we find there is no way, according to

:34:59.:35:08.

her horse passport. David checks with the Kelly's Cobs

:35:08.:35:18.
:35:18.:35:54.

from the vet! What if there is a day trial but you can only get your

:35:54.:35:59.

money back if you have been mis-sold the horse in the first place. It is

:35:59.:36:05.

not really a trial, then. Despite misgivings, we go ahead and I Loppy

:36:05.:36:14.

for �1250. First stop, this horse rescue charity. And we reckon she

:36:14.:36:24.
:36:24.:36:32.

likes it here. What a mess! Loppy, horse world, head of the horse

:36:32.:36:36.

equine welfare Council. He has agreed to give Loppy a thorough

:36:36.:36:41.

examination, and when I say thorough... But is not going back in

:36:41.:36:46.

the bathroom cabinet! Preferably not!

:36:46.:36:52.

Nick spots the swollen like our expert picked up on earlier.

:36:52.:36:58.

That is a very significant scar. It extends a long way round so this was

:36:58.:37:02.

probably a big open wound that took some time to heal.

:37:03.:37:07.

Still, it has healed and does not seem to be causing pain so it should

:37:07.:37:13.

not affect her ability to be ridden. But Loppy has other problems.

:37:13.:37:18.

Her teeth are pretty symmetrical apart from this one which is

:37:18.:37:20.

sticking out at completely the wrong angle. It has been quite badly

:37:20.:37:26.

injured. It paints the picture of a horse that has been through the

:37:26.:37:33.

walls. Absolutely, she has served her time. How old do you think she

:37:33.:37:41.

is? Looking at her teeth, I would think a 25-year-old horse. She was

:37:41.:37:45.

sold to us is 16, no way that could be the case?

:37:45.:37:51.

No, every day is precious rather than expecting to have ten, five

:37:51.:37:58.

years of fun. Loppy would be a pensioner if she was human and ready

:37:58.:38:01.

for retirement so she should not be ridden regularly. The best place is

:38:01.:38:11.
:38:11.:38:16.

here, relaxing for the rest of her So we now can be sure that David

:38:16.:38:22.

Thomas has mis-sold as a horse, but is this typical behavioural or is he

:38:22.:38:24.

acting out of character? I need some advice.

:38:24.:38:34.

Ed, Loppy is a horse, but one horse is only one horse. And she is mighty

:38:34.:38:37.

fine looking, but you need more proof, you need to get yourself

:38:37.:38:45.

another horse! That is what I was going to say. Always trying to make

:38:45.:38:51.

jokes, that guy, I wish he would get on with the story!

:38:52.:38:57.

Our resort has �1000 and once a horse suitable for a novice so she

:38:57.:39:07.
:39:07.:39:23.

calls Kelly's Cobs and speaks to... time to meet Queenie in person. She

:39:23.:39:33.
:39:33.:39:57.

As you will see, our researcher is no expert.

:39:57.:40:02.

It is a horse! How much are we paying you? ! This is David Thomas

:40:02.:40:12.
:40:12.:40:19.

to close the deal, what is his After buying Queenie, we deliver her

:40:19.:40:24.

to the charity, whether that can check her out. It is obvious she is

:40:24.:40:32.

not a horse we were promised, she is hard to handle and seriously lame.

:40:32.:40:36.

Things are not good for her. She has got broken bones on the back of her

:40:37.:40:40.

legs which are crucial to her being able to move around freely. This is

:40:40.:40:46.

a horse we have bought as a riding horse. And we were told she would be

:40:46.:40:53.

perfect for a novice to write. What is the reality? She is not only not

:40:53.:40:56.

a riding horse but she is definitely not a novice horse, a temperament

:40:56.:41:02.

mean she could be dangerous for a novice rider. For any rider she is

:41:02.:41:06.

potentially dangerous because if that leg gets under stress, it could

:41:06.:41:11.

go and she could crash and the rider will crash with her. And for her,

:41:11.:41:15.

she will be in pain so she will be suffering. It is starting to sound

:41:15.:41:21.

as if the itch for her is bleak. The things inside that joint will

:41:21.:41:25.

deteriorate and it could eat a matter of a year or a couple of

:41:25.:41:29.

years but she will have to be put down -- it could be a matter of.

:41:29.:41:36.

is going to be very bleak. Queenie will now get much-needed pain

:41:36.:41:41.

relief. Her remaining days may not be great

:41:41.:41:46.

in number but at least we know she will spend the rest of them here

:41:46.:41:49.

where she will be in as much comfort as she can be. The question still

:41:49.:41:59.

remains, how was she ever for sale Well, there is only one man who can

:41:59.:42:02.

answer that, and that's David Thomas himself. Now, he is a difficult man

:42:02.:42:06.

to bring out in the open, but we have come up with an idea. It might

:42:06.:42:16.
:42:16.:42:16.

not work, but it's definitely worth washing machines. One white goods

:42:16.:42:20.

engineer says he has had to repair two Hotpoint machines this week,

:42:20.:42:26.

both with that exploding drum. And some are asking how to get in touch

:42:26.:42:29.

with the Civil Aviation Authority about compensation for delayed

:42:29.:42:39.
:42:39.:42:47.

flights, the website address is on Voice and Tonia Cowen. They saw it

:42:47.:42:50.

in the Harveys store in Chichester in October, placed their order, and

:42:50.:42:58.

this is what turned up a few weeks later. Looks fine, doesn't it?Can I

:42:59.:43:03.

do that? Until you compare it with the one they actually ordered. Here

:43:03.:43:07.

is the photo. As you can see, beige seats and a beige-coloured back. As

:43:07.:43:15.

opposed to this one here, which has beige seats and a dark back.

:43:15.:43:18.

So, goods not as described. Harveys agree to send a replacement. Problem

:43:18.:43:24.

solved? Er, not quite as simple as that.

:43:24.:43:28.

We have been waiting for seven months, we ordered it in October and

:43:28.:43:33.

it is now may. The service has been shocking, they have not acknowledged

:43:33.:43:37.

anything we have sent. Pictures, e-mails, never returned calls, we

:43:37.:43:44.

have not received a new couch, we have had no correspondence. I have

:43:45.:43:48.

lost faith in them. If I ordered another couch, I would not go to

:43:48.:43:53.

Harveys. I would like to do the whole show

:43:53.:43:57.

like this! Where are we now? Harveys have assured us that a new

:43:57.:44:00.

sofa is on its way, and will be with the couple tomorrow. They have

:44:00.:44:02.

blamed a communication breakdown between themselves and the

:44:02.:44:04.

manufacturer, and they are currently reviewing their procedures. They

:44:04.:44:08.

have also offered the couple �200 as a gesture of goodwill. Of course, it

:44:08.:44:11.

shouldn't have taken this long because under the Sale of Goods Act,

:44:11.:44:14.

a product you sell must be in the condition as described before

:44:14.:44:16.

purchase. And this one clearly wasn't.

:44:16.:44:21.

Now, we get a lot of complaints like this, as you are aware. But we also

:44:21.:44:24.

hear from viewers who know how to take advantage of the various

:44:24.:44:30.

consumer laws, like the Sale of Goods Act.

:44:30.:44:34.

Savvy viewers. Assertive viewers, Annie. The sort

:44:34.:44:37.

of viewers who don't sit back and play the victim, but who stand up

:44:37.:44:39.

for their rights. There are lots of them.

:44:39.:44:42.

There are. Why, we could almost launch a new feature on the

:44:42.:44:45.

programme, Chris. One that celebrates their success and acts as

:44:45.:44:55.
:44:55.:44:58.

an inspiration to others. feature...

:44:58.:45:01.

And we could launch it with a man who looked heavenward for

:45:01.:45:09.

inspiration. His name, the reference cold chambers. His complaint, faulty

:45:09.:45:14.

goods. His consumer weapon of goods dashes consumer weapon of choice,

:45:14.:45:20.

the Sale of Goods Act. It gives great Howard to consumers who do not

:45:20.:45:25.

know how powerful it is -- great power.

:45:25.:45:30.

His opponent was a Citroen dealership in Southhampton who sold

:45:30.:45:37.

him an ex-demonstrator Citroen Picassos. 16 months later, it broke

:45:37.:45:42.

down and when he tried to claim a refund, they refused, citing

:45:42.:45:52.
:45:52.:45:58.

insufficient warranty covers. A person but I do believe in justice.

:45:58.:46:05.

This story begins with our mild-mannered clergymen on a family

:46:05.:46:15.
:46:15.:46:35.

holiday in France. The car broke down. -- we asked for a hire car. I

:46:35.:46:41.

spent around �6,000 a hire car. By the time you have added flights to

:46:41.:46:47.

get back it was �1000 an something. Although Citroen agreed to pay for

:46:47.:46:52.

the repairs they refused to pay for the other costs. They argued they

:46:52.:46:57.

were not liable because he did not have extended warranty and breakdown

:46:57.:47:07.

and insurance. He said he knew his rights under the sale of goods act.

:47:07.:47:11.

There are two basic rights which consumers will rely on. If you buy

:47:11.:47:15.

goods they must be of satisfactory quality and they must also be

:47:15.:47:19.

reasonably fit for purpose. It applies to contract did goods

:47:19.:47:24.

between the seller and buyer. It is not to do with the manufacturer. If

:47:24.:47:27.

you buy a car from a garage it is the barrage you are responsible if

:47:27.:47:32.

it goes wrong because they sold it to you. Crucially, the act states

:47:32.:47:36.

the product should remain of satisfactory quality for a

:47:36.:47:45.

reasonable length of time. If you are buying a new car or an

:47:45.:47:48.

ex-demonstrator model anything below two years has to be of satisfactory

:47:48.:47:55.

quality. Once the act has been breached,

:47:55.:48:05.
:48:05.:48:11.

other laws come into play to decide the compensation. Reverend Chambers

:48:11.:48:15.

claimed for the flights. I thought I was doing the right things I had to

:48:15.:48:19.

persist. I am like a dog with a bone. If I know what is right I will

:48:19.:48:24.

keep doing it. So, the reverend made his

:48:24.:48:28.

submission, sent it to the county court, said a prayer for a positive

:48:28.:48:38.
:48:38.:48:41.

outcome which a feud weeks later was answered. He was awarded �1345.16.

:48:41.:48:45.

had no idea how powerful the sale of goods act was and I think a lot more

:48:45.:48:51.

people should know about it. We have since spoken to the Freeborn

:48:51.:48:56.

Citroen garage which says as a responsible dealer it would always

:48:56.:49:01.

comply with all current UK legislation. If you want to know

:49:01.:49:05.

more about your rights under the sale of goods act we have put

:49:05.:49:10.

together a guide on our website. If you have taken on a company and one

:49:10.:49:15.

using this or other consumer protection laws, we would like to

:49:15.:49:20.

hear from you. Click on the your story section and give us the

:49:21.:49:25.

details. Here are a few more of your stories.

:49:25.:49:30.

Skimpy blouse is which allow others to see your underwear. I must stop

:49:30.:49:35.

wearing them. As for women who work for Virgin Trains, they do not want

:49:35.:49:39.

to start. The company has been forced to delay the introduction of

:49:39.:49:45.

new uniforms after female staff said they were too revealing. Some said

:49:45.:49:49.

the material was too flimsy but others said that dark bras would be

:49:49.:49:52.

clearly visible. Virgin have acknowledge there would be problems

:49:52.:49:58.

with the designs which it has now tweaked. It is also offering female

:49:58.:50:08.
:50:08.:50:08.

workers �20 vouchers so they can buy suitable undergarments. They do not

:50:08.:50:11.

know how much it will cost but it could run into thousands. A bit of a

:50:11.:50:14.

financial boob. Trekkies are not happy. Thousands

:50:14.:50:24.
:50:24.:50:26.

bought the Sunday Express in order to claim a free T-shirt. But they

:50:26.:50:32.

found most WHSmith stores were out of stock. Fans claim some stores

:50:32.:50:39.

only received five T-shirts. The store blamed distribution problems.

:50:39.:50:44.

If you have still got a copy of the paper you can still make a claim.

:50:44.:50:50.

Until then it is a case of Star Trek Into Darkness, been there, done

:50:50.:50:58.

there, haven't got the T-shirt. Ryanair are charging British

:50:58.:51:01.

passengers more than those who booked their flight in other

:51:01.:51:06.

countries. A musician threatened to bring a claim of indirect race

:51:06.:51:12.

discrimination. Simon Cozens paid nearly �2400 for seven return

:51:12.:51:16.

tickets from Stansted to Croatia. He then discovered it would be �400

:51:16.:51:20.

cheaper to book the same flight at the other end. Ryanair agreed to pay

:51:20.:51:27.

the difference provided he did not disclose details of the deal. It now

:51:27.:51:31.

says the payout is a mistake and insists it has not settled. However,

:51:31.:51:35.

Simon has the money and still has the right to say whatever he wants.

:51:35.:51:40.

His message, if you have been overcharged by Ryanair, be sure to

:51:40.:51:49.

claim. Look at that. Our investigation into

:51:49.:51:54.

horse dealer David Thomas is moving into the final straight. He has

:51:54.:51:59.

missed sold us two horses. One which was supposed to be 16 turned out to

:52:00.:52:04.

be nearer 25. Another described as a good jumper is so severely injured

:52:04.:52:10.

she will have to be put down. David spends most of his time at Kelly's

:52:10.:52:16.

Cobs in Scunthorpe. How will we tempt him out? Easy. We call them up

:52:16.:52:21.

and say we are interested in buying not just one but two horses. Will he

:52:21.:52:31.
:52:31.:52:36.

take the bait? Of course he does. What we'll do not know is which

:52:36.:52:42.

horses he will try to sell us this time. And he does not know what he

:52:42.:52:47.

will get out of the deal. We have not just tempted him with money but

:52:47.:52:52.

with a Partick strange as well. The horse we are planning to Partick

:52:52.:52:58.

strange with David Thomas is no ordinary beast. -- part exchange. It

:52:58.:53:08.
:53:08.:53:10.

is rare. He is a thoroughbred and his name is Sampson. Yes, a horse

:53:10.:53:15.

not quite as described. Sound familiar? While our undercover team

:53:15.:53:20.

does the deal, I will be hiding in the van with the crew. There seems

:53:20.:53:25.

to be more and more of them these days. Two of them are wearing the

:53:25.:53:34.

same skirt. Everyone in? And we're off Kelly's Cobs. Our man is ready

:53:34.:53:42.

to meet us. While I wait in the van, David talks up the horses he

:53:42.:53:52.
:53:52.:53:53.

wants to sell. Confident that his double sale is in the bag, David

:53:53.:54:03.
:54:03.:54:05.

turns to the Partick strange of our thoroughbred Sampson. You have not

:54:05.:54:15.
:54:15.:54:22.

seen Sampson. After all, he is a very special horse. Look at him.

:54:22.:54:32.
:54:32.:54:36.

What do you think? Matt Allwright, BBC rogue traders. Good to see you.

:54:36.:54:43.

I thought I had got a sale with you. Not today. You will remember these

:54:43.:54:48.

two you sold us. Loppy described as 12 years old then you changed it to

:54:48.:54:55.

16. We have her aged between 20 to 25. That is Queenie. She is lame in

:54:55.:55:00.

her hind legs. She cannot really do anything. She will be lucky if she

:55:00.:55:06.

makes it through the next couple of years. Have these made complaints to

:55:06.:55:12.

ask? We do have a 14 day trial.The problem with that is you changed our

:55:12.:55:17.

mind -- you changed it and said if you can show us there is a problem.

:55:17.:55:22.

That is not the same. It is. I can show you refund after refund where

:55:22.:55:26.

people have brought horses back for genuine reasons. Wouldn't it be

:55:26.:55:32.

better to get a description right in the first place? Queenie has

:55:32.:55:36.

terrible behavioural problems. She is lame in her back legs. I do not

:55:36.:55:43.

remember her. That worries me. have people who sell horses on our

:55:43.:55:48.

behalf. I have been fair. I have not run off as other people do. This is

:55:48.:55:52.

your property. Any complaints you have got, let's address them

:55:52.:56:02.
:56:02.:56:05.

properly, and we will address them. I have given refunds. Why does it

:56:05.:56:13.

get to that stage? You asked me that question. You -- if you make me

:56:13.:56:17.

aware of it we can address it. does the customer have to make you

:56:17.:56:24.

aware of it? If you did not know the horse was lame, surely you should

:56:24.:56:29.

have done. That is the vet 's job. Have you got everything you need

:56:29.:56:32.

now? What I really need is an assurance you are not going to carry

:56:32.:56:40.

on selling horses. We do not get it right all of the time. I disagree

:56:40.:56:46.

with you. We have many people who would disagree. David, thank you for

:56:46.:56:51.

speaking to us. You are welcome. Goodbye now. I do like the

:56:51.:56:56.

thoroughbred, by the way. It is not for sale.

:56:56.:57:06.
:57:06.:57:06.

That was Kelly's Cobs. Here we are. And David Thomas's cobblers.

:57:06.:57:11.

David Thomas says he sells many horses each week and have many

:57:11.:57:15.

satisfied customers. He says 20% of the horses sold are returned and

:57:15.:57:20.

they always refund the customers. That includes us if we make a

:57:20.:57:26.

complaint. The warranty covers all cases featured. He said the company

:57:26.:57:31.

makes mistakes and he could not have known about Loppy's age or

:57:31.:57:35.

Queenie's state of health. Unfortunately, that points to the

:57:35.:57:42.

fact that you become the latest face on our Rogues' Gallery.

:57:42.:57:46.

Here is a list of some of the extraordinary circumstances

:57:46.:57:51.

according to airlines, faulty door, delayed to previous fight --

:57:51.:58:00.

flight, keep them coming in. Where is Kapadia? He has gone to

:58:00.:58:08.

Crimewatch to become a police horse. You can write to us and go to our

:58:08.:58:13.

website. Coming up next week, Paypal refusing

:58:13.:58:20.

you access to your money. Estate agent signing up tenants and tying

:58:20.:58:26.

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