Episode 3 My Worst Deal


Episode 3

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We all like to think we're getting a fair deal for our money,

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whether we're buying, selling or taking out a loan.

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And when times are hard it matters even more.

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But many of the deals on offer could cause you real problems.

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Some could even wreck your life.

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ALL CHANT: Say no to payday loans.

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Coming up, the controversy over payday loans -

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we look at easy credit on the high street.

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The man in the Money Shop

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just told me he's never seen a payday loan application be refused.

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How one couple's worst deal turned out to be an illegal fraud

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that left them £40,000 out of pocket.

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It was just...absolutely horrendous, every day was...was a nightmare.

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And how dealing with a loan shark can have violent consequences.

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He beat me about my head and he took the money that I had.

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With the cost of living shooting up, many of us

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are finding it increasingly difficult to make our money

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stretch to the end of each month.

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But in these times of crisis there are companies out there

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promising a great deal - or so they say.

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Wonga.com offers cash loans.

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What's refreshing about wonga.com is that YOU control the loan.

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Payday loans - as they're known - claim to provide

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a speedy solution for life's little cash emergencies.

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You can walk into the shop, or log in online,

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and within minutes the cash you need is in your pocket.

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It's so quick and simple.

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There's nothing to fax and no extra paperwork to send.

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Sounds easy. But with the highest interest rates topping

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an eye-watering 4,000% APR, payday loans have earned

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a reputation for sucking people into a spiral of debt

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and leaving many believing they're the worst deal they ever made.

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You're borrowing just before you've got paid

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so you're already spending next month's wages.

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So if you can't then pay that loan back out of next month's wages

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then you have to start borrowing from the following month's wages

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and it's very easy to get into a spiral of debt where you're just

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taking loan after loan out to pay back the previous month's debt.

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And that is exactly what happened to Richard Merritt from West London.

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Like so many of us, Richard's salary never seemed to go far enough

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and he took a series of payday loans

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and ended up thousands of pounds in debt.

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His first loan was £250

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but he then realised he needed more.

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I had to take out another one

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because I was paying back the interest on the first loan,

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which made me then short of money, erm, to pay me other bills.

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So I took out another one to cover the interest of that one.

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And...so it went on.

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The financial burden of paying off his payday loans

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meant Richard lost his flat and had to move in with his sister.

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It also means he has to cut down his household spending

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to the very minimum.

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Just the basics here.

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My weekly shop I probably get done for about £15.

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Taking a payday loan is becoming more common in the UK.

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John Fairhurst runs a free debt-management company.

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He's worried that borrowers are getting hooked on a monthly loan to tide them over,

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without realising the consequences.

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The rates of interest are many hundreds of per cent,

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which is very high if you're using these things on a regular basis.

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On a one-off basis people may consider it's a small price to pay

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for an easy process, but what we're seeing is people who

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take out multiple payday loans repeatedly, and the cost of that is extortionate.

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Over two years Richard took out ten payday loans.

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As bills came in he found he needed to go online

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and apply for a loan just to stay financially afloat.

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He took out multiple payday loans from different companies

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all at once.

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At one point, the high interest on his loans meant he had to pay £1,000 in one month

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and the payday loan companies were chasing him for payment.

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They threatened to ring me at work,

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which was sort of a bit embarrassing.

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You tell them to stop ringing you at work but they're still persistently doing it.

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Put me under a lot of stress.

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Richard turned to a free debt management service for help.

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I got in contact with them, explained my situation,

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and they were very sympathetic.

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Went through my debts with me and found out exactly how much I owed,

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which at the time was over £5,000, which was quite frightening.

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Richard borrowed from around ten different companies.

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At the point he hit real financial difficulties,

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he owed between £1,500 and £2,000.

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In a few months,

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that went up to that figure of £5,000

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because of the high interest rates and charges for the payments he missed.

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The debt-management company supported Richard

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and negotiated with the payday loan companies a monthly payment of 100,

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which Richard can afford.

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He no longer uses payday loans.

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It would be hard to find credit more expensive than a payday loan.

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If you have alternative sources of credit and you need a loan,

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then you should look there first.

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What payday loan companies should be doing is making sure they understand their customer.

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As soon as they walk into the door or come onto the website they carry out a thorough fact-find,

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they understand what other debts they've got and in some cases they turn them away.

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I definitely wouldn't recommend anybody take out a payday loan.

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It was the worst thing I ever did.

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Coming up, we visit payday loan shops on the high street

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and see what people can expect if they're tempted to apply.

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The man in the Money Shop just told me that he's never seen a payday loan application be refused.

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When you apply for a loan, the deal might involve an arrangement fee.

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It's perfectly legal.

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But some illegal companies are taking advantage of this practice,

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demanding upfront fees to arrange loans that never arrive.

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That's what happened to Colin and Julie Stoneley from Surrey.

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Since 2003 they've run a llama trekking company

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out of their rented cottage in Guildford.

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But when a local pub came up for sale,

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they thought it would be the perfect opportunity to expand the business.

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Instead it turned out to be their worst deal.

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Part of the financing involved mortgaging our house in Spain.

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So we tried various Spanish banks - remortgaging in Spain is almost unheard of -

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and eventually found an ad which was running in the Times

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and the Telegraph week after week

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for a company called Gresham Finance.

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The company had plush offices in central London

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and was headed by entrepreneur Edward Davenport.

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Colin and Julie were impressed,

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and after a meeting with Davenport's second-in-command, Peter Riley,

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they decided to borrow the extra £300,000 they needed to buy the pub.

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There was an upfront fee, as I remember, of 3,500 to start with.

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Then we paid a similar fee for something else, and we then funded

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various things, the surveyor's trip to Spain and other bits and pieces.

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You know, so...the total was about £14,000.

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With the agreement in place and the loan on its way,

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the Stoneleys handed in their notice on the cottage

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and packed up all their belongings ready for the move.

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But on the day of completion, the money didn't arrive.

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We obviously were very, very concerned about this,

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we phoned and said, "What's happening?" because we had our whole home packed up in a van,

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the people selling the pub had all their belongings packed up

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and obviously the people they were buying from were in the same position.

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Colin and Julie rang Peter Riley, the man they'd been dealing with at Gresham Finance,

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who told them that there'd been a hitch with the money,

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but it would be in their account in a couple of days.

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At that time I think we actually believed there'd been a hitch

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so at that point I don't think we felt...in danger, if you like, of anything,

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we were just a bit concerned, bit shocked.

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And the money was going to be there on Monday.

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The Stoneleys arranged to stay at a friend's house for the weekend.

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But when Monday arrived, the promised money didn't.

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We were told the money would be there on Friday,

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and then we were told the money would be there the next Friday,

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and this situation continued...

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well, it continued for three months basically,

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by which time we'd moved all our belongings into a shipping container,

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the landlord of the pub was back here running the pub,

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all the other people in the chain hadn't been able to move,

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and it was just a disaster, wasn't it, really?

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Emotionally, I think...

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..just...our whole life was just so difficult during that period.

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It was awful.

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It was only because of support from friends and family that we got through it.

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To make matters worse, the other people in the chain started chasing Colin and Julie for money,

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demanding that they pay all the extra expenses caused by the delay.

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The sort of things you're liable for. This is further up the chain.

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Lost holiday due to uncertainly of situation.

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Two lots of removals.

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Litigation costs.

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Council tax for rental property.

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-Failure to complete at the right time.

-That was £10,000.

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The other finance thing we had to put in place for Spain, 6,500, and so on.

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-Interest for failing to complete.

-Was another £10,000.

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The Stoneleys ended up having to pay almost £40,000 extra

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to cover fees and expenses for the other people in the chain.

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And to make matters worse they were still living in their friend's spare room with their lives on hold.

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I don't know how we got through it, to be honest, it was just absolutely horrendous, every day was a nightmare

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because you didn't know what was going to happen -

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we were facing total financial ruin, erm...

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or we were going to get the money that day and move in and everything would be all right.

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And, um...

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Yeah, it was quite tough.

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By this stage Colin and Julie were starting to get suspicious

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and decided to pay Gresham a visit.

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Well, we went up to Portland Place, where their office was,

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and we sat in the foyer all afternoon and we called Peter a few times

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and he said he was on his mobile, he was out of the office.

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At about 4:10 we rang him again on his mobile and started to climb the stairs.

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And he said, "I'm still not in the office,"

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and by this time we could actually hear his voice through the door.

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We pushed the door of his office open

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and said, as we faced him on the mobile to us, "Didn't think you were in the office, Peter."

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But even though they'd just caught him in a lie,

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once again Peter Riley managed to convince the Stoneleys that the money was on its way

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and that if they could just wait a few more days everything would be resolved.

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By this stage I think... Did we smell a rat? We weren't happy but it still seemed very plausible.

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He was extremely plausible as a conman.

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The penny finally dropped

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when Colin saw an article in Private Eye magazine

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linking Edward Davenport and the Portland Place offices

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to a suspected loan fraud.

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And that night I wrote a letter which said, "We've been promised this..."

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and I listed the various promises, and I said,

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"Unless you return our costs in full,

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"or supply the money by Friday,

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"I will go to the FSA and the police."

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And by return of post we had a cheque for £14,000.

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Which...

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..I think we were very lucky.

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Even though they got their Advance Fee back, Colin and Julie

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were still nearly £40,000 out of pocket thanks to Gresham Finance.

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And it wasn't long before the company caught the eye of the Serious Fraud Office.

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When we started investigating Gresham we found their own records showed

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that between about 2007 and 2009 there'd been up to 100 victims

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and they had lost between them up to about £4 million in just the advance fees.

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But it's not just businesspeople borrowing thousands who can fall prey to this kind of trap.

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Fraudsters will target anyone who is desperate for money,

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offering loans in return for a so-called arrangement fee,

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typically between £50 and £100.

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But once the fee's been paid, the loan never arrives.

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In fact, last year over 3,000 people complained to

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the Office of Fair Trading after getting involved with a loan scam -

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that's an increase of 50% from the year before.

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In the time of a recession this is an ideal opportunity for fraudsters to prey on victims.

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It's important to understand what you're supposed to get for your money.

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If you're borrowing from one of the high street banks

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you can be confident that if they say there's an upfront fee then that's a legitimate charge.

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But if you are in any doubt whatsoever, I would say don't pay anyone any money, be very careful,

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and know the person that you're trying to borrow from.

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Edward Davenport and Peter Riley

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were each jailed for seven years and eight months.

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It kind of gave us the justice we wanted,

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the proof that actually we weren't bad people...

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You know, because it did make us feel...like we were really bad people

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because of all the other people's lives that were affected.

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Colin and Julie eventually managed to get the funding together

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to buy the pub, although they'll never get back

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the £40,000 they had to pay out for the delay.

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It was a horrendous experience that dragged on and on for months,

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taxing on our health and horrible for everyone, emotionally,

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financially, everything. And...

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..I'm just really pleased that the people involved are behind bars for a few years.

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One of the worst deals anyone could ever make is to get involved with a loan shark.

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That's what happened to Andrew.

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That's not his real name and we've also disguised his voice.

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He borrowed £1,000 from a mysterious friend of a friend.

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It's absolutely totally wrecked my life. Shattered.

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To a million pieces.

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Andrew's problems started when his car broke down.

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With no way of getting to work, he needed cash to fix it, fast.

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But, with a large loan already in place and a poor credit rating,

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Andrew knew he couldn't borrow from the bank.

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A friend introduced him to a man who could help.

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I was very impressed. The gentleman was smartly dressed, he was extremely friendly,

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he sympathised with my situation

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and I thought what a...

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I thought what a really nice guy he was.

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Andrew borrowed £1,000,

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and agreed to pay back £2,000 in instalments of £150 a week.

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He was told, if he missed a payment, that was OK,

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it would just double up the following week.

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As far as I was concerned what it meant was that, if I didn't pay him the 150 quid on that particular week,

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he would accept a higher payment the following week.

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The man told Andrew that each week he should expect a call from a withheld number.

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The caller would give him a codename and tell him

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when and where to bring the repayment.

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I knew it was not 100% legitimate but I couldn't do anything else,

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and it was only because I wanted to go to work that I took it,

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and I thought, well, "You'll be OK."

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The first couple of weeks Andrew managed to make the repayments,

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but in the third week his rent was due and he didn't have enough spare cash.

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He went to the meeting place

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and told the man he didn't have the money that time.

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He said, "No, no, it doesn't work like that." He said, "You can't not pay me.'

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And he just grabbed me by the throat and started assaulting me.

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He said, "You're going to have to learn, when I tell you you pay me, you pay me."

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And, er, my immediate thought was fear, terrible fear.

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He beat me about my head and, er, he took the money that I had.

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And he went to his car and drove off.

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Andrew was desperate to repay the loan as fast as possible,

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and decided to get hold of the money he needed

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by taking out a log-book loan against the value of his car.

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I thought it's better to owe those people than to owe the guy who had attacked me.

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I needed to get him out of my head because it was... it was making me a nervous wreck.

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So Andrew took a log-book loan

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and told the man he was going to pay off the debt in full.

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But he didn't expect what was about to happen.

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Still to come, we'll hear how Andrew was forced to flee his home

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after the loan sharks turned really nasty.

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They pulled me out of the car onto the floor and they started kicking me.

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And how bank charges nearly caused this pensioner to lose his house.

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And I can't tell you what that was like. It felt dreadful. Sorry.

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The payday-loan business is booming.

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In the last three years, the amount of money borrowed more than doubled

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from 900 million to two billion.

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Vacant high-street shops are filling up with lenders -

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in a single year the Money Shop opened 80 new branches.

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We sent a researcher, Alice, down the high street

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to find out what people are told when they ask about a loan.

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This is a fairly ordinary South London high street,

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it's not a particularly wealthy area,

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and there's lots of different shops targeting the kind of people who would use payday loans.

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I'm going to ask to borrow £200, saying that I'm on a part-time salary and uncertain income.

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And if they ask I'm going to say I had problems with debt in the past.

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Alice didn't formerly apply for any loans

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and didn't complete any of the paperwork required by the lenders.

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However, she got an idea of what they might be willing to offer.

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The first shop Alice visited was Speedy Cash.

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Typically a £200 loan for 30 days from here

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will cost £50 in interest and fees.

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I've just been in and they didn't really ask any questions,

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they seemed very ready to give me whatever money I wanted.

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Speedy Cash told Alice,

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if she couldn't pay back the entire loan come payday, she could just pay back the £50 interest

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and roll the original debt over to the next month.

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On that they'd charge me another £50 so then I'd owe £100 for my £200 credit.

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They said I could do this up to four times, by which time you're paying back double what you've borrowed.

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The second shop was pawnbroker Albemarle Bond.

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They charge a lower fee of £28 to borrow £200 for 30 days.

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I needed to show that I was earning £700, but only last month.

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I didn't need to prove that I had a regular income of £700.

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And they offered to lend me £300 the first time and then £700 the following time,

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even though she knew that that was my entire monthly income.

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Next on the high street is another pawnbroker, H&T.

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They were the cheapest, charging £26 to borrow £200 for 30 days.

0:20:510:20:56

They said that they don't really do credit checks as such.

0:20:560:20:59

They'll have a little look at your bank statement but that's as far as their credit check goes,

0:20:590:21:04

so there wasn't that much of an effort to make sure that I could theoretically repay.

0:21:040:21:09

The next shop is the Money Shop, the UK's largest chain

0:21:090:21:14

of high-street cash lenders, with over 420 stores nationwide.

0:21:140:21:19

The man in the Money Shop just told me that he's never seen a payday loan application be refused,

0:21:190:21:24

no matter how bad the credit check was, which might explain why they're so popular.

0:21:240:21:29

The Money shop wanted to charge £50 interest on a £200 loan,

0:21:290:21:34

which works out to over 1,400% APR.

0:21:340:21:38

Together with Speedy Cash, that makes the Money Shop

0:21:390:21:42

the joint most expensive place Alice visited,

0:21:420:21:46

and 73 times more expensive than the average credit-card APR of around 19%.

0:21:460:21:53

You're allowed to roll over...he said a few times, he didn't really give a specific limit.

0:21:530:21:58

They seemed fine with you borrowing large amounts of money.

0:21:580:22:01

To be honest, the thing that I found the most shocking was that

0:22:010:22:04

they've never turned anyone down for credit, cos that really does imply

0:22:040:22:08

that they're not looking very hard at whether people can repay the amounts or not.

0:22:080:22:12

We asked the companies to comment. Albemarle Bond told us...

0:22:140:22:18

The Money Shop told us...

0:22:370:22:39

Speedy Cash and H&T did not respond.

0:22:580:23:02

Ultimately payday-loan companies are working in the interests

0:23:020:23:05

of their shareholders. They want to make as much money as possible

0:23:050:23:08

and the best way to do that is to get people to continue taking out more credit each month.

0:23:080:23:12

Unfortunately that's not what is in the best interest of the customers.

0:23:120:23:15

The rise of the industry has led to a sharp increase in people

0:23:150:23:19

seeking professional debt advice after taking out payday loans.

0:23:190:23:24

In fact, in a recent survey almost half the payday-loan users questioned

0:23:240:23:28

said they thought it had actually made their financial situation worse.

0:23:280:23:33

At one branch of the Citizens Advice Bureau they've been so swamped

0:23:330:23:37

they've started a campaign to get the industry shut down.

0:23:370:23:41

I think it's about time that we show the payday-loan lenders in Medway

0:23:410:23:45

that we mean business, and we have to do something about the situation,

0:23:450:23:50

with over £2.5 million of debt coming through this building each week.

0:23:500:23:53

Today staff from Medway CAB are demonstrating

0:23:530:23:57

outside their local Money Shop.

0:23:570:24:00

ALL CHANT: Say no to payday loans. Say no to payday loans.

0:24:000:24:05

It's generated quite a lot of media attention.

0:24:050:24:08

How does this shop and others like it contribute to the problem?

0:24:080:24:13

I think it's clear, with the likes of Money Shop, if they've got four stores in Medway alone,

0:24:130:24:17

they don't open a store if it's not going to make any money.

0:24:170:24:19

This is the tip of the iceberg. There's more and more on television,

0:24:190:24:23

Wonga and all the other companies, that are charging up to 4,000%.

0:24:230:24:27

People don't read the print, and that's what we're doing today.

0:24:270:24:30

Once you sign the contract you're chained into it, tied up into it, and there's no getting out.

0:24:300:24:35

Concerns about payday loans have become so great

0:24:350:24:39

that they've been banned or interest rates capped in 15 US states

0:24:390:24:43

as well as parts of Australia and Canada.

0:24:430:24:47

But consumer group Which doesn't want to see payday loans outlawed in this country.

0:24:470:24:52

The reality is that there are people

0:24:520:24:54

that are going to want credit

0:24:540:24:57

and if we don't have a regulated industry

0:24:570:24:59

then we're going to have a black market where it's illegal loan sharks dealing with these people

0:24:590:25:05

and that's what we don't want.

0:25:050:25:06

Coming up later, alongside the rise on the high street,

0:25:110:25:14

payday lending is also exploding on the internet.

0:25:140:25:18

We'll see what happens when you go online to borrow cash.

0:25:180:25:22

You can get into a lot of trouble without anybody knowing about it.

0:25:220:25:25

Andrew borrowed £1,000 from a loan shark.

0:25:300:25:33

After the man assaulted him for missing a repayment,

0:25:330:25:36

Andrew raised the money to pay the man off.

0:25:360:25:39

But when he tried to hand over the cash,

0:25:390:25:41

he discovered he was in far deeper trouble than he could possibly have imagined.

0:25:410:25:46

We arranged to meet on an industrial estate where it was dark.

0:25:460:25:52

And he pulled up alongside and got in my car and I gave him the £1,400.

0:25:520:25:56

"Well done, good, good, good. So £150 next week, then."

0:25:560:26:01

I said, "Well, £150 is not due next week."

0:26:010:26:06

I said, "You've had double, which is what you asked for."

0:26:060:26:08

And he said, "No, no, no. I've told you, it doubles up.

0:26:080:26:13

"You owe me £4,000."

0:26:130:26:16

Where Andrew had thought it was just the repayment amount that would double if he missed a week,

0:26:160:26:21

it turned out that it was actually the entire loan.

0:26:210:26:24

A couple of guys got out the car and came over.

0:26:240:26:27

They pulled me out of the car, onto the floor, and they started kicking me.

0:26:270:26:32

They kicked and kicked and kicked.

0:26:320:26:36

I didn't know whether I was going to get out of that.

0:26:360:26:39

Because they didn't stop kicking.

0:26:390:26:42

I knew that I'd been hurt and I thought, "I hope I can go to work."

0:26:420:26:47

HE BREATHES DEEPLY

0:26:470:26:49

Andrew suffered severe bruising and cracked ribs,

0:26:520:26:55

but he was too scared to report the attack to the police.

0:26:550:26:59

And the intimidation didn't end there.

0:27:000:27:03

I come out one morning and all four tyres had been slashed,

0:27:030:27:06

and there was a beer mat under the wiper blade

0:27:060:27:09

with the words "you will pay" scratched into the beer mat.

0:27:090:27:15

And I thought, just get away from the house. So I fled.

0:27:150:27:20

A friend helped Andrew replace his tyres

0:27:210:27:24

and he decided to go and live in his car.

0:27:240:27:27

I slept in the car, ate in the car, my free time was spent in the car.

0:27:270:27:33

Eventually, in desperation, Andrew plucked up the courage

0:27:350:27:39

to confide in a friend, who agreed to give him a place to stay.

0:27:390:27:42

He changed his phone number and his car

0:27:440:27:46

and hasn't heard from the loan shark since.

0:27:460:27:49

But he still lives in fear of being found.

0:27:500:27:52

I'm afraid to go out, I still feel very threatened.

0:27:520:27:57

You become afraid to visit family or return home

0:27:570:28:02

because you never know who's watching.

0:28:020:28:04

Andrew still feels the long-term effects of his experience.

0:28:040:28:09

I did visit the doctor on one occasion and I said, "I think I'm having a nervous breakdown"

0:28:090:28:15

and he said, "You're not HAVING." He said, "You've HAD a nervous breakdown."

0:28:150:28:21

And...

0:28:250:28:28

you still feel it. I still feel it now and it's years later.

0:28:280:28:33

Lending me £1,000 didn't do me a favour at all.

0:28:330:28:36

Most of us might think that the bank is the place to go

0:28:420:28:44

for a solution to a financial problem.

0:28:440:28:47

But what do you do when it's your bank that caused the problem in the first place?

0:28:470:28:53

It's a question that's facing Howard Rutherford.

0:28:530:28:56

For the last five years he's been struggling with an appalling deal

0:28:560:29:00

that's seen him fending off bailiffs,

0:29:000:29:02

standing up in court and even having to sell his home.

0:29:020:29:07

And the source of his worst deal?

0:29:070:29:09

His bank, HSBC.

0:29:090:29:11

I feel cheated, I feel misled,

0:29:130:29:16

I just feel very, very let down by a bank that I'd been with since I was 17.

0:29:160:29:23

The problems started back in 2001, when a direct debit of £76

0:29:240:29:29

was taken from Howard's account to pay his council tax.

0:29:290:29:33

At the time, he had an overdraft, but as a disabled pensioner on a low income

0:29:330:29:38

money was tight and he was already up to the limit.

0:29:380:29:42

That direct debit was returned by the bank,

0:29:420:29:45

and for returning it it did two things, it put me

0:29:450:29:48

over my overdraft limit and the bank charged me £27.50 for the privilege.

0:29:480:29:53

£27.50 was the beginning of a growing stack of charges

0:29:530:29:59

that mounted to over £4,500 and almost cost him his home.

0:29:590:30:04

My pension was going into the bank, and there'd be a charge perhaps

0:30:040:30:08

because I'd gone over my overdraft limit.

0:30:080:30:11

And, as soon as my pension went in, the bank were taking a chunk of that out. So I was having less to use.

0:30:110:30:16

Then perhaps the next month there'd be another charge, and another chunk taken out by the bank.

0:30:160:30:21

As his finances became more strained,

0:30:210:30:25

Howard started falling behind on his mortgage payments,

0:30:250:30:29

which were paid by direct debit through his HSBC account.

0:30:290:30:33

The bank would simply return the direct debit without telling me that it had happened.

0:30:330:30:37

And the building society would also then decide they were going to charge me a fee.

0:30:370:30:42

Howard's mortgage debt grew to nearly £10,000 in arrears and charges

0:30:430:30:48

and the building society began repossession proceedings.

0:30:480:30:52

We did get to the stage finally where the order for possession had been granted

0:30:520:30:58

and the bailiffs were then instructed to apply for immediate possession.

0:30:580:31:05

I managed to get the hearing in front of the judge the morning of the possession.

0:31:050:31:09

I can't tell you how I felt that particular day

0:31:090:31:12

because I was just literally... about for someone to come along

0:31:120:31:16

and say, "I'll take your keys, thank you very much," and throw me out the door.

0:31:160:31:21

At the 11th hour Howard managed to get the possession order rejected.

0:31:210:31:27

I came within a gnat's whisker of someone coming along

0:31:270:31:34

and taking the keys off me and saying, "That's it, you're out."

0:31:340:31:37

And I can't tell you what that was like. It felt dreadful. Sorry.

0:31:370:31:43

It did.

0:31:430:31:45

Still does. Excuse me.

0:31:450:31:47

Struggling to make ends meet, Howard looked around for a solution,

0:31:490:31:53

and found one.

0:31:530:31:55

Or so he thought.

0:31:550:31:56

I'd seen in the newspapers and on the television that people were

0:31:560:32:00

reclaiming their bank charges and I thought, "Well, I've had quite a few bank charges over the years,

0:32:000:32:06

"I think I'll have a go as well."

0:32:060:32:08

Bank charges - where the bank adds on a fee for going overdrawn or for a missed payment -

0:32:090:32:14

have been around for years.

0:32:140:32:16

Estimates from a few years ago suggested banks were making as much

0:32:160:32:20

as £4.7 billion a year from fees of up to £39 for a bounced cheque.

0:32:200:32:25

But in 2006 a campaign began to get these charges reduced or refunded

0:32:270:32:32

on the grounds that they were unfair.

0:32:320:32:35

Customers who threatened court action started to win back hundreds of pounds.

0:32:350:32:40

The banks were too afraid to test the cases in court in case they lost.

0:32:400:32:45

They just paid out to anyone who complained.

0:32:450:32:48

In the first half of 2007 alone, the banks repaid £200m in charges.

0:32:480:32:56

I got hold of my bank statements, a huge pile of them,

0:32:560:33:00

six years, as you can probably imagine, went through them piece by piece

0:33:000:33:05

and built up a picture of how much I'd been charged over those six years.

0:33:050:33:09

What Howard discovered was that he'd been charged a massive 89 times,

0:33:090:33:15

amounting to over £4,500 in charges and interest on the charges.

0:33:150:33:21

There were charges for returned direct debits, there were charges for returned cheques,

0:33:210:33:28

there were charges for returned standing orders,

0:33:280:33:32

there were interest charges of course, which were added to those,

0:33:320:33:35

and when I looked at all of this I was absolutely horrified.

0:33:350:33:40

Howard filed his claim, hoping for a quick resolution.

0:33:400:33:43

When that didn't happen he turned to solicitor Tom Brennan for help.

0:33:430:33:48

-Hello, Tom.

-Hello, Howard.

-Come in.

0:33:480:33:52

'My initial reaction was that it's a desperate situation'

0:33:520:33:55

for a person who has no control over their money because so much of it is being taken away.

0:33:550:33:59

-Have a seat.

-Thanks.

0:33:590:34:02

Now, which document is this?

0:34:030:34:05

What I've done is I've sat down and made a breakdown of how the charges were actually applied.

0:34:050:34:11

These three fees, which amount to £260...

0:34:110:34:15

Those are all on the same day, aren't they?

0:34:150:34:17

But then you start to look at the whole month itself and go back,

0:34:170:34:21

and prior to that there was £180 on top of £260,

0:34:210:34:26

so I was probably saying goodbye to half of my income.

0:34:260:34:29

-So half of your money's disappearing just on this.

-Just in charges.

0:34:290:34:32

Tom took Howard's case to the small claims court

0:34:320:34:36

to try to get his £4,500 back from HSBC.

0:34:360:34:41

But before they could get a result, everything changed.

0:34:410:34:44

The Office of Fair Trading decided to take the banks to court

0:34:450:34:48

in a test case to see if the charges were fair.

0:34:480:34:52

In the small claims court the judge put a stay on Howard's case

0:34:520:34:56

while the issue was decided.

0:34:560:34:59

'What that meant for Howard is that he had no way of getting his money back'

0:34:590:35:02

and this case between the OFT and the banks dragged on for two years. And so Howard was trapped in limbo.

0:35:020:35:07

The legal controversy over bank charges came to an end in 2009.

0:35:090:35:14

The courts decided bank charges could not be judged unfair on their own

0:35:140:35:18

because they were part of an overall package of services provided by the banks.

0:35:180:35:23

We think bank charges are grossly unfair because the poorest or those who make mistakes pay the most.

0:35:230:35:29

The second reason is the cost to the banks for providing this money

0:35:290:35:32

is a fraction of what they charge consumers at the end of the day.

0:35:320:35:35

After the ruling the banks did bow to the pressure

0:35:350:35:39

and reduced their headline charges.

0:35:390:35:42

But millions of people every year are still hit with penalties

0:35:420:35:44

they can't afford.

0:35:440:35:47

The only way you'll find out whether they've really reduced it significantly

0:35:470:35:50

is by looking at the total amount they're taking off consumers.

0:35:500:35:53

In 2006 they took off £2.6 billion.

0:35:530:35:57

And here we are five years later

0:35:570:35:59

and they're still taking over £2 billion per year.

0:35:590:36:03

Shockingly, the amount banks charge for unauthorised overdrafts

0:36:040:36:07

can equate to interest rates of hundreds of thousands of per cent.

0:36:070:36:11

At the time we did our research,

0:36:110:36:13

going £100 into the red unauthorised for a month with Barclays cost £88 -

0:36:130:36:20

an APR of 366,000%.

0:36:200:36:24

While borrowing the same amount for 30 days without permission from Santander

0:36:240:36:31

would set you back £100 - that's over 800,000% APR.

0:36:310:36:35

In response to complaints, the banks are planning to introduce

0:36:350:36:40

new measures later this year - such as texting customers when their balances are low -

0:36:400:36:46

to help them avoid bank charges.

0:36:460:36:48

We think it's a step in the right direction

0:36:480:36:51

but these charges can still accrue up to hundreds of pounds

0:36:510:36:54

and we think they're still too high and still too confusing and still unfair.

0:36:540:36:58

At the end of 2011, Howard finally received news

0:36:580:37:02

that, in a court hearing he didn't even know was happening,

0:37:020:37:06

a judge had thrown his case out.

0:37:060:37:09

He's planning to appeal.

0:37:090:37:11

We asked HSBC to comment. They told us:

0:37:110:37:15

I was hurt, annoyed, angry.

0:37:330:37:36

Perhaps my gran was right,

0:37:360:37:38

keeping it in a tin under the bed might be the answer.

0:37:380:37:40

Payday loans are big business in the UK.

0:37:440:37:48

Between 2006 and 2009 the number of loans taken out

0:37:480:37:53

quadrupled from 1.2 million to over four million.

0:37:530:37:58

Many of those loans were taken out online.

0:37:580:38:01

So just how easy is it to get hold of cash on the internet?

0:38:010:38:05

Researcher Alice went surfing to find out.

0:38:050:38:08

I've just done a search for payday loans online and there are 252 million results that have come back.

0:38:080:38:14

These slider systems that are on a lot of these websites

0:38:140:38:17

make it seem very easy, like all the cash is right there.

0:38:170:38:21

Going online is the most expensive way to get a payday loan.

0:38:210:38:25

Borrowing £200 over the internet for 30 days could cost up to £66 in interest and fees,

0:38:250:38:33

compared with a maximum of £50 on the high street.

0:38:330:38:36

It's all about fast cash, easy cash, anonymous cash, right now.

0:38:360:38:41

The fact that they tell you you can have it in your bank within an hour,

0:38:410:38:45

that's like a lifeline to a desperate borrower.

0:38:450:38:47

It may seem like an easy deal, but borrowing online

0:38:470:38:51

might have hidden dangers, as Joe Maloney discovered when he borrowed £150 from a company called Mr Lender

0:38:510:38:59

to pay for some repairs on his car.

0:38:590:39:01

A friend of mine told me there's these payday loan things on the internet

0:39:010:39:05

so I went onto the internet and Mr Lender come up and within an hour I had the money in my bank.

0:39:050:39:11

It was so easy that Joe soon took out several more loans -

0:39:110:39:15

and then found he couldn't pay the money back.

0:39:150:39:19

I lost my job so I couldn't pay them back anyway.

0:39:190:39:23

When Mr Lender couldn't get hold of Joe at his old workplace

0:39:230:39:27

they did something usually saved for naughty schoolboys - they called his mum.

0:39:270:39:32

I first became aware that Joe had taken out this payday loan

0:39:320:39:36

when I kept getting phone calls asking for the money.

0:39:360:39:40

Mr Lender told Sue that the interest on Joe's loan was going up and up

0:39:400:39:45

but they promised to freeze it if she could just make a small payment.

0:39:450:39:49

I did say to them, "Look, I'm on a pension,

0:39:490:39:51

"there is no way I've even got the amount of money you're looking for."

0:39:510:39:56

Sue agreed make a one-off payment of £10

0:39:560:40:00

and gave her debit-card details over the phone.

0:40:000:40:03

She thought that would be the end of the matter -

0:40:030:40:06

but a week later, her mortgage payment bounced.

0:40:060:40:08

I got in touch with the bank, and I realised that there were

0:40:080:40:13

various debits to this company Mr Lender.

0:40:130:40:17

They'd taken the £10, as I'd agreed,

0:40:170:40:20

and then they'd taken three further amounts.

0:40:200:40:24

In total Mr Lender withdrew £310 from Sue's account

0:40:240:40:29

on top of the £10 she says she had agreed to.

0:40:290:40:33

It seemed that rather than just make the one-off payment Sue thought she had consented to,

0:40:330:40:39

she had unwittingly agreed to more.

0:40:390:40:43

We asked Mr Lender to comment. Mr Lender say...

0:40:430:40:47

Other customers of different payday-loan companies have found

0:41:160:41:20

that they have signed up to continuous payment authorities.

0:41:200:41:23

CPAs allow a company to take out money whenever they want.

0:41:230:41:26

So for example, if they want to take out £400 the first day

0:41:260:41:30

and you've only got £300 in your account, they'll take that £300,

0:41:300:41:33

then the next day they might come back for the £100 you still owe.

0:41:330:41:36

Under a direct debit that's not possible,

0:41:360:41:38

the company can only get money out the one time on the one day a month,

0:41:380:41:42

so customers have a lot more security with direct debits than with continuous payments.

0:41:420:41:47

Consumer Focus carried out research into continuous payment authorities

0:41:470:41:51

and found many customers had no idea that's what they were agreeing to.

0:41:510:41:55

And in 2010 the OFT banned one payday-loan company from using CPAs

0:41:560:42:01

after it repeatedly took money from customers' accounts

0:42:010:42:05

when they were already in difficulties.

0:42:050:42:08

We don't think payday loan companies are making clear to customers when they sign up

0:42:080:42:13

what actually is a continuous payment authority.

0:42:130:42:16

Many consumers think it's the same as a direct debit.

0:42:160:42:18

The way payday-loan companies are using this is totally unfair.

0:42:180:42:22

They're taking money out any day of the month

0:42:220:42:24

and taking out so much that at times the consumer doesn't have enough to live on.

0:42:240:42:29

Payday loans should always be the last resort.

0:42:290:42:31

If you've got to the point where you can't get to the end of the month

0:42:310:42:34

and you need to go to a payday-loan lender to tide yourself over until your next pay cheque,

0:42:340:42:38

you're clearly running very close to the limit of your financial capability

0:42:380:42:44

and you can't do that month after month.

0:42:440:42:47

Payday loans are absolutely dreadful.

0:42:470:42:51

You know, I would worry about giving anybody a payday loan.

0:42:510:42:55

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