Episode 14 X-Ray

I'm Lucy Owen. And I'm Rhodri Owen. You're watching X-Ray. Bringing you

the stories that matter. It could have killed him. Tom

Thomas's gas boiler was left in a dangerous condition for over two

years. Nigel signed up to a gym thinking

he'd cancel if it didn't suit him. But are gyms in Wales sticking to

the rules when it comes to contracts?

And more complaints about the garages who don't tell us about

diesel cars unsuitable for town Tonight, we are in Carmarthen.

we have a packed programme. Later on we'll hear from the bride

who found copies of her wedding photos had been sent to a complete

stranger. First up though, gym contracts. If

you've signed up for two years, can your gym hold you to it? Rhod's

Nigel Phillips enjoys a good work- out. So when he was invited to

visit a local gym recently, he jumped at the chance. Nigel came

here, to the Glamorgan Health and Racquet Club on a guest pass with a

friend. He saw the gym, the swimming pool, the tennis courts

and was pretty impressed. A friend at work was a member there and he

just encouraged me to come along and have a look, he got a free pass

for me. It looked very family orientated. Nigel and his friend

were taken for a coffee by the sales rep. Nigel says they talked

about the pool parties and BBQs in the evening and how there was a

fantastic social scene at the club. I think it worked out to be �12 a

week. He taught me that would be the gym, the pool. He also said my

children could go free. What we your first impressions of the

salesman? Usually they give you the hard sell but this man was quite

chatty and friendly, like one of the lads.

Nigel says the rep at the Esporta gym told him the contract was for

two years but he could cancel anytime with three months' notice.

Nigel was won over. He signed the contract there and then, but wasn't

given a copy to take away and read. He underlined the three-month

contract bit, as long as you phoned up and gave three months' notice,

you could pull out. But that wasn't the case. Did you take the

children? I asked at the desk one day to take the children swimming

and she said it would cost �7 each on top of my membership. And I had

already been told they would be free.

A week after Nigel signed the contract, he said he got a copy in

the post, and when he looked closely at the small print, he was

shocked. He discovered that he couldn't give

three months' notice to get out of the contract. Instead, he was

locked in for 24. If he wanted to cancel, he'd have to pay nearly

�1,400, an amount he simply couldn't manage. He had only

visited the gym six times so that worked out to be around �230 a

visit. He felt he'd been misled by the

sales man. He phoned to cancel his membership and stopped his direct

debit. And that's when the letters started arriving. Debt recovery and

agencies, telling me I owed this might and if not, court proceedings

would start. It is not nice having anyone threatening you with court

and demanding money so I was not very pleased at all.

X-Ray have been looking into the legality of these contracts. And

we've found that Virgin Active, who now own the gym, didn't have the

legal right to enforce this contract because of a legal

judgement earlier this year. Back in May, the High Court investigated

a company called Ashbourne Management who wrote contracts for

700 gyms. The judge ruled that most of their contracts were unfair,

partly because they tied people in for more than 12 months. And

because they weren't, fair they weren't enforceable.

That ruling means that Nigel would just have had to pay for 12 months

to get out of his contract not the full 24.

So how does this ruling affect other people on gym contracts they

want to get out of? What it now means is that anyone

who has a contract that ties them in for more than 12 months is now

in a position to challenge that term as being unfair and they can

cancel after 12 months as long as they give notice.

And Professor Margaret says that Nigel should have been allowed to

cancel. It doesn't necessarily mean that gyms will have known straight

away of the ruling but certainly this particular gym knew in

September and so there really is no justification for them not having

resolved the matter then, when they what the new ruling was.

So what about other gyms in Wales? X-Ray contacted all the major

chains, and the good news is they're all following the new

guidelines. But when we rang a number of independent gyms across

the country, we found that six out of 30 were still selling contracts

that tie customers in for more than a year. Mark Watkins manages a new

gym in Port Talbot. He and members like Matthew know what it's like to

try and get out of a gym contract. We've had some people coming in who

have been tied in for two years, three years, and they want to get

out of contracts through injury and they are still getting pestered by

people to pay and debt collecting letters. I had to pay it, it wasn't

very nice for it to come out of my bank every month knowing I could

not use the facilities, but there was no other way. So if you are

tempted by a cheaper longer contract, this is something to be

aware of. The good news is, if you have signed one and you want to get

out of it, you can. But as ever, with any contract, the advice is to

read the small print or, like Nigel, you could end up in a fight trying

to get out of it. Well, Virgin Active, who took over

all Esporta gyms in July, have responded to Nigel's complaints.

They say they're sorry he felt misled when entering into the

contract, and all Esporta staff have now been re-trained to make

sure memberships are sold accurately and honestly. And Virgin

say they've cancelled Mr Phillips' membership and cleared all the

outstanding payments. They've also been working with the debt

collection agency to ensure other members on Esporta two-year

contracts don't have the same problems.

Now last week we featured bathroom fitter, David Foster, who left a

trail of people across North Wales thousands of pounds out of pocket.

We've had lots of response to that item, including some very useful

information about Mr Foster's whereabouts. We'll keep you

informed. Next, a few weeks ago, we looked at

the problems one driver was having using his Mazda around town. Quite

a few of you got in touch and it seems you're experiencing problems

with diesel cars. Rachel's been finding out what's going on.

It's the best kept secret in the motor industry. Something that car

manufacturers don't want you to know about. It's something we've

featured before on X-Ray and it's called a diesel particulate filter.

Chris Nichols from Cardiff first heard of the filter when he started

having problems with his diesel Mazda 6. The filter traps polluting

soot particles but it sometimes needs to clean itself. It does this

by burning off the soot with red hot exhaust gasses. But to do this,

you need to drive for ten or 15 minutes at high revs and that

doesn't tend to happen with the kind of driving you do in urban

areas like this. So urban drivers like Chris, featured three weeks

ago, can find oil levels rising and warning lights flashing up. He knew

nothing about this when he bought the car and he's not the only to

get an unwelcome surprise. Russell Jones from New Tredegar had no idea

about the limitations of his Chevrolet Captiva, which he bought

from Evans Halshaw in Merthyr last November. -- in Cardiff last year.

I got the car in November and it wasn't until March that this

started appearing. It was only when I was doing short

journeys that the DPF light came on. The car's handbook told him to keep

a constant speed of 30 miles an hour for ten to 15 minutes to clear

the light. Is it possible to do the kind of journeys you need to in the

valleys? Impossible around the roads where I live. You come to

roundabouts, road junctions, you have to slow down. So where is the

nearest location that you can go to to achieve that?

The heads of the Valleys is the nearest from here. It's about six

or seven miles from here. When you bought the vehicle, was

there any mention of the diesel particulate filter? None at all.

Russell's not the only one who's worried about diesel filters.

Gerald Lee from Newport found it could have serious consequences.

He'd had two warning lights on his second hand Seat Ibiza and should

have taken the car to a dealer, but he thought a long drive might sort

the problem. It didn't. I was on and made wrote -- Maine Road, 40

mph speed limit, and all of a sudden, the vehicle would not do

any more than 10 Mars are now well. It suddenly your speed drops to 10

miles are now well, there is a risk that someone will go into the back

a few, but lucky enough I managed to get the car into a side road. It

was quite frightening because I had no idea what had happened.

The car seems to have gone into "drive home" mode, which allows a

driver to crawl home despite serious problems. He was told it

was a diesel filter problem. I had no idea what a DPF was. And

the implications of it. Do you think the leadership should have

told you about it? Yes, I definitely think they should. We

discussed things like economy but we didn't discuss DPF. Does the car

influence your driving habits? have to plant and think about it.

If I want to go shopping, can I work in another trip rather than

just go to the nearest supermarket? The car should be from my

convenience! You don't expect to have to plan your shopping habits

around the car. We've heard from owners of three

car brands. Seat, Chevrolet and Mazda. None of them knew about the

potential problems with diesel filters. What about the rest of the

industry? We by nearly 1 million new diesel cars in Britain every

year, so on any of the manufacturers giving us all the

information we need? Of the UK's top 10 selling diesel

cars, Volkswagen and Nissan, make any mention of the problems a

diesel filter can cause on their website. BMW say they do not see

the need to officially advise people of every way a car might

behave on their site. Ford and Vauxhall are thinking of putting

something on theirs. But what about the dealers? Managers at Thomson

and Thomson who sold Gerald his Seat have promised to improve the

way staff tell customers about diesel filters. All the other firms

we contacted say their staff are trained to warn customers about

diesel particulate filters. So you should get some kind of briefing

from a salesman. Butter until all manufacturers give clear and

unambiguous warnings about the problem with these engines,

customers will keep buying cars that are simply wrong for them.

wasn't informed when I bought the car. Obviously if I had known this

before I bought it, I might have made a different joy this. -- a

choice of. One way to ensure some peace of

mind when you buy a car is to buy a warranty at the same time. But

we've recently heard of one company based in Llantwit Major, whose

lifetime warranties didn't stand up to scrutiny.

In 2008, Lee Stoneham splashed out almost �9000 on a second hand BMW.

At the same time he also bought a lifetime warranty with Motorcare

Elite Limited costing �595. It was piece of mind because it was a

second hand car and I thought if any parts, any moving parts needed

replacing, then the warranty was there to cover should anything go

wrong. In September last year, a part on

the car, called the inlet cam sensor, needed replacing. So Lee

contacted Motorcare. They said yes, it could be replaced under the

warranty. They said, when you book the car into the garage, ring us,

which I did. Then I handed the phone over to the mechanic and he

said, yes, they have agreed to replace the part and pay for the

hours of labour. The cost was �141. So Lee paid for the work and then

contacted Motorcare Elite. But months later he was still waiting

for them to pay out. Then in March this year, he received a letter

from the firm saying they'd stopped trading.

Claims waiting to be processed were handed over to a company called

Autoprotect, who were administrators for the company.

Took Autoprotect four months to get back to me to say they were acting

on behalf of a different company of underwriters. So then I was at a

dead-end wall basically. The administrators told Lee that

they couldn't find any trace of his warranty. And we've discovered that

the underwriters named on Lee's policy have never provided

warranties for Motorcare Elite, so it looks like Lee's warranty isn't

worth the paper it's written on. makes you quite angry I suppose and

then wait, that you have paid something and it just hasn't

followed up the policy of the warranty. I was quite annoyed for

that. After we heard Lee's story, we got

in touch with the Financial Services Authority who regulate

insurers. And guess what? They've been investigating Motorcare EIite,

and they say they've come across information which suggests that

Motorcase may not have properly registered customers' details and

premiums, making some people's policies worthless.

We'll be looking into the company, so if you've been sold a warranty

by Motorcare Elite, do get in touch. We'd love to hear from you. Two

weeks ago, we told you about concerns that more and more of our

public toilets could be forced to close as councils try to save money.

Brian Bertola, a town councillor from Llandudno, rang in. He praised

a scheme that pays shops and restaurants �500 to open their

toilets up to the public. He says they piloted the idea first in

Llandudno and 12 local businesses signed up for it. Not so happy,

though, was Frederick Bright from Cardiff. He'd spotted articles

about a �400 million pound underspend by the Welsh Government.

Money that's no longer available. He asked why some of that cash

couldn't have been spent improving public toilets.

June Champion was delighted when she found a great deal on a new

sofa and armchair. But after weeks of waiting she still has not

received her furniture. I paid my deposit and never

received my sweet. Time for a trip to Ammanford. Seven

months ago June Champion and her husband decided to treat themselves

to a new sofa and chairs. My husband was not very well so

wanted new furniture. She found the perfect three-seater

so at -- City and chair at the Leather Sofa Company.

It was nice and comfortable. �800. She paid �150 deposit. She

was told the furniture would arrive at the end of June. But the small

print stated that it could be delivered up to eight weeks after

that date. I kept phoning and phoning.

Throughout June and July. They kept saying give it another week,

another two weeks. So you waited?

And waited and waited and waited. Then I got fed up and thrown them

back and said I do not wanted. At that point Leather Sofa Company

said that it was ready to be delivered but June had already

decided that she was unhappy with the customer service and wanted her

deposit back. I feel I have been treated poorly.

What would you like me to do? Get me my money back.

I am on the case. It seemed at that June did everything right. Let's

see what the Leather Sofa Company have to say. They say that because

manufacturing delays occasionally occur they allow a further eight

weeks on top of the anticipated delivery of 12 weeks. They add that

the so far was delivered to the Leather Sofa Company on 11th August.

But they say that then June refused to accept it. However the Leather

Sofa Company have now offered to refund a her �150 deposit. That is

Now the on going Sagar regarding a company we have featured several

times regarding their sales techniques. We told you be Sian

Morris resent someone else's wedding photos. We asked you to

tell us if you recognise the photographs. Thankfully we have

tracked down the blushing bride. Lucy went to meet her. How did you

first find out that your wedding pictures had ended up in somebody

else's hands? We were watching television when my

mother in law phoned. She said turn on BBC One. By the time that she

had explained what was on I had missed the part of the programme I

needed to watch but she said that a lady was sent my photographs and I

was on television. I was like, what? I did not believe her.

What did you think when you realise they had ended up on some else's

hands and there was an appeal on our programme to find out to

feature of their? I thought it was funny. My mobile

began going off. A friend at work told me my pictures were on

television. It is definitely you, he said. I thought he was winding

me up. Over mobile phones were going crazy.

I felt like my privacy had been invaded. I was angry and upset.

How do you feel that your pictures have got into somebody else's

hands? Do you think that is acceptable?

It is appalling. Unacceptable. Their private pictures sent to some

other women. A total lack of professionalism.

The company have applied to us and say the photographs were printed at

a photographic laboratory and that the Laboratory are currently

investigating how the mistake was made. They say they will make sure

that the situation does not happen again. If you would like us to

investigate anything, get in touch using the details on screen. Next,

Lucy is an Crymmych in Pembrokeshire to investigate a

boiler left in a dangerous state. Keeping warm and our homes is at

the forefront of our minds at this time of year. In the winter of 2009,

Celia Smith decided that her elderly father should get a new

boiler fitted. She spotted something called the Home Energy

efficiency Scheme run by the Welsh government. It is designed to make

new boilers affordable. My dad will be 100 in April. I want

him to have come for. I was afraid that when he let his gas heaters he

might hurt himself. -- I want him to be comfortable.

The EC scheme provided a grant. We thought it would be safe and

worthwhile. Something wonderful for him.

In 2009 the scheme was being run by a company called Carillion Energy

Services. You where initially happy?

Very happy. He was warm and comfortable which was what we aimed

for. After the boiler was fitted an

inspector noticed a problem if the electrics. Nobody ever went back to

fix it. It was not until July when her father needed to move into a

coma that they found out there was a serious problem with the boiler.

-- move into a home. He brought his hat in February and

we needed a tenant. -- hype. So we got an electrician to come in and

he said that the electrics were condemned.

It turned out the boiler had been any potentially dangerous condition

for two years. I was horrified. It could have

killed my father, killed any of us. We asked an electrical lecturer to

explain what might have happened. You on earth things so that if a

fault occur as the electrics are cut off.

What do you think about this boiler being left on earth?

I find it incredible. Any metal attached to the boiler and all the

metal work of the boiler, all had the potential to become a live.

Extremely dangerous, potentially fatal.

After getting an independent repair, Celia Smith got in touch with a

Carillion Energy Services seeking a refund of the original �650 paid,

as well as the cost of repairs. They told her to get in touch with

British Gas, who run the Welsh government scheme. But British Gas

claimed that Carillion Energy Services remain liable for work

carried out before the first of people. What did people tell you?

I was passed around from pillar to post. Nobody cared. I was sent

around for days, weeks, months, going in circles on the phone.

And it is not just this problem causing her concerns.

I am worried that other people on the same scheme are in danger now.

Carillion Energy Services have told us that all works are independently

checked. But on this single occasion the remedial work was not

carried out as specified. The company does not believe that the

problem could have been repeated in other homes. Carillion Energy

Services has now offered to pay Celia Smith �650 and apologised

that on this occasion service levels fell short. British Gas have

also offered �350 as a goodwill gesture. How has it left you

feeling? Very angry. They put a vulnerable

old man in a dangerous position. Just enough time to update you on a

scanner we uncovered three years ago. Neville and Clint put their

cars up for sale in a newspaper and were contacted by a firm called

Motorshop UK who told them that for a fee they would find buyers for

the car. They ate guaranteed that they would

have at least three buyers fall within 20 miles of my home.

We heard from dozens of others had also been scant. So we put up our

own car for sale and received this Of course, no buyer ever rang. Hour

film was used as evidence by trading standards and are two men

who ran a Motorshop UK where convicted along with two others on

another -- number of offences related to the scam, which netted

them to �0.2 million. -- �2.2 We have heard from people concerned

about whether Christmas gifts that they buy online are genuine. If you

have concerns are would like some been investigated please get in

touch. You can visit our website and click on the get in touch