21/11/2011

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:00:10. > :00:17.Is it possible to avoid paying care home fees? I work for the top

:00:17. > :00:20.barristers in the country. We do seminars like this for solicitors.

:00:20. > :00:23.Why is it that you are selling a product called hope to avoid care

:00:23. > :00:29.fees, when, by marketing it as that, you are in fact, possibly rendering

:00:29. > :00:32.it useless? Why is the South East shaped, well, like the South East?

:00:32. > :00:41.And so, you have the geology of south-east England revealed in a

:00:41. > :00:44.piece of cake. Delicious. Almondy. My whole life's been ruined. That

:00:44. > :00:49.is what has happened. And the Sussex pensioner who lost her home

:00:49. > :00:57.thanks to some very poor legal advice. Hello, Mr Townsend. It is

:00:57. > :01:00.John Cuthill from BBC inside out. I'm Natalie Graham with the untold

:01:00. > :01:10.stories, closer to home. From all round Kent and Sussex, this is

:01:10. > :01:19.

:01:19. > :01:27.Hello, tonight I'm in the Sussex seaside town of Seaford. First up,

:01:27. > :01:33.Jon Cuthill, with a cautionary tale for anyone who owns their own home.

:01:33. > :01:43.Do you think the donkeys will miss this place, then? Yes, they have

:01:43. > :01:48.

:01:48. > :01:52.got a nice little house, here. into their own home after a

:01:52. > :02:02.mortgage company evicted her. Rosalie had lived at her family

:02:02. > :02:17.

:02:17. > :02:24.bailiffs came up to take possession where ever you are, the bailiffs

:02:24. > :02:28.are here. Everybody must leave the property. We have a court order.

:02:29. > :02:38.were filming but the bailiffs ordered us off the premises. I am

:02:39. > :02:41.

:02:41. > :02:51.not moving from this house. After through and the eviction was called

:02:51. > :02:51.

:02:51. > :03:01.off. I need to inform you the eviction is withdrawn. They have

:03:01. > :03:06.

:03:06. > :03:16.withdrawn it! Come and have some champagne. Come on in. They are

:03:16. > :03:24.

:03:24. > :03:30.Two years on, eviction looms once more. This time, Rosalie has no

:03:30. > :03:32.company trying to repossess medal Hill said Rosalie had been properly

:03:33. > :03:36.could not be accused of any reckless lending, they said.

:03:36. > :03:45.Tonight, we investigate that solicitor and ask: did he fail in

:03:45. > :03:50.his duty to protect? Moving out day is fast approaching. At 74, Rosalie

:03:50. > :04:00.has got to pack generations of and prepare for the journey to a

:04:00. > :04:05.

:04:05. > :04:13.new home. My whole life has been ruined. That is what has happened.

:04:13. > :04:23.Local solicitor and a London bank told Rosalie not to get involved

:04:23. > :04:26.

:04:26. > :04:34.persevered and found a loan broker in a very remote part of the UK.

:04:34. > :04:40.The River Usk. Some of the best Sheila who lived in Surrey travel

:04:40. > :04:50.all the way to Wales? Usk was home Corporation it will arrange a loan

:04:50. > :04:52.

:04:52. > :05:01.for. It came with a solicitor. spent 20 minutes with Mr Townsend.

:05:01. > :05:11.home, did he give you advise? I home, did he give you advise? I

:05:11. > :05:21.mortgage was man called Geoffrey. We are not saying he has done

:05:21. > :05:28.

:05:28. > :05:38.common. They were business partners. companies, where these two men were

:05:38. > :05:39.

:05:39. > :05:44.How solicitors act is regulated. relationship with the broker affect

:05:44. > :05:54.the advice he gave Rosalie and put him in breach of the code of

:05:54. > :05:55.

:05:55. > :06:01.conduct? You must not use your Either for your own benefit or for

:06:01. > :06:11.from Sussex to the west of the independent advice. You begin to

:06:11. > :06:13.

:06:13. > :06:23.fined �3,000 by the regulator before he even met Rosalie. Perhaps

:06:23. > :06:24.

:06:24. > :06:29.is that a Geoffrey Townsend represented both Rosalie and Sheila.

:06:30. > :06:39.unlike married couples, both parties need separate solicitors.

:06:40. > :06:44.

:06:45. > :06:54.The code is quite clear. You must interest and if you owe separate

:06:55. > :06:59.

:06:59. > :07:04.was called in, that only one party would have assets to me that

:07:04. > :07:13.I think it is very foolhardy for somebody to accept instructions

:07:13. > :07:23.would have been evident to we solicitor who had just qualified. -

:07:23. > :07:27.

:07:27. > :07:37.should have been lights flashing eviction, Rosalie has found a buyer

:07:37. > :07:39.

:07:39. > :07:49.more than �200,000. Did you ever think this day would come? Well, I

:07:49. > :07:56.

:07:56. > :08:06.have seen so far, I think Mr Townsend have a lot to answer for.

:08:06. > :08:07.

:08:07. > :08:10.reported to the regulator. It has upshot's News Of The World -

:08:10. > :08:16.paperwork and cannot help. We have tried hard to get some answers. It

:08:16. > :08:21.is time for one more go. Hello. We are from BBC Inside Out. Can I just

:08:21. > :08:28.ask about Rosalie Reeves-Fisher? Why did you give her advice and

:08:28. > :08:33.Surely that was a breach of parties, Sheila Mason and Rosalie

:08:33. > :08:43.Reeves-Fisher? I think she deserves some answers because she has lost

:08:43. > :08:46.

:08:46. > :08:56.Meadowhills has finally come to an end. It is time to say goodbye to

:08:56. > :09:00.

:09:00. > :09:10.her family home. They have broken might as well just go to sleep. It

:09:10. > :09:18.

:09:18. > :09:24.has all ended. All down to something I never really understood.

:09:24. > :09:34.Coming up, the man who says he is better than a solicitor. Hi, I am

:09:34. > :09:35.

:09:35. > :09:45.Steve Long, co-founder of the show you how you can avoid care

:09:45. > :09:50.

:09:50. > :09:56.fees. Now, time for a film, 130 million years in the making. Most

:09:56. > :09:58.the south east for granted. The hills, the valleys, the cliffs. As

:09:58. > :10:08.far we're concerned, they've always been here. So we don't normally

:10:08. > :10:12.

:10:12. > :10:16.give our landscape a second thought. place, and how incredibly long it

:10:16. > :10:24.takes to travel across. But when you do think about it, the

:10:24. > :10:31.landscape we have today, in our influenced by the stuff beneath our

:10:31. > :10:36.feet. It's all down to the rocks. So I'm going on what you might call

:10:36. > :10:46.a rock tour of Kent and Sussex to see how our geology has shaped our

:10:46. > :10:48.

:10:48. > :10:54.looks most of the time, how it changes so quickly from place to

:10:54. > :11:02.place, and how incredibly long it takes to travel across. My guide is

:11:02. > :11:11.geologist Dr Ed Jarzembowski. He's a massive rock fans and he's going

:11:11. > :11:20.few minutes. Starting with some of Wells. These talks are 130 million

:11:20. > :11:30.This sandstone stands at of the landscape and produces the high

:11:30. > :11:36.

:11:37. > :11:46.the animal that once carried it. The famous big one a don. --

:11:47. > :11:48.

:11:48. > :11:55.iguanadon. When iguanadons, south east they stomped over muddy

:11:55. > :12:05.south from London to the coast, that gives places like Hastings

:12:05. > :12:14.

:12:14. > :12:18.Each time you go up, you're going going away from the Channel on to

:12:18. > :12:28.the flood plain. But what about the more gentle and curvaceous slopes

:12:28. > :12:29.

:12:29. > :12:35.and the west, with brown river sand in the middle? Well all of that can

:12:35. > :12:41.be explained using marzipan. Here, I am depositing the First Leisure,

:12:41. > :12:48.the Hastings Beds. Then, as hills to the north wore down, the rivers

:12:48. > :12:58.mud which became Weald Clay. Then a layer of greensand. As the sea got

:12:58. > :12:58.

:12:58. > :13:07.deeper we got a layer of marine mud we had clear deep blue tropical sea.

:13:07. > :13:15.the bottom, with skeletons of millions and millions of organisms.

:13:15. > :13:19.can tuck in, Italy has to move north into Europe, causing the

:13:19. > :13:27.whole of southern England to buckle upwards. Pushing up the South of

:13:27. > :13:33.ages later, the top of the dome is gone. And towards the end of the

:13:33. > :13:38.last Ice Age, the glaciers melted, sea levels rose over the top of the

:13:38. > :13:44.south coast of England, so that what you have got is the chalk

:13:45. > :13:48.cliffs at Dover and Eastbourne, and all the other coloured layers in

:13:48. > :13:58.between, and so you have this eulogy of south-east England

:13:58. > :14:05.

:14:05. > :14:10.revealed in a piece of cake. It is in a ridge, right across to France.

:14:10. > :14:19.calcareous Folkestone rock fan Andrew Richardson explains.

:14:19. > :14:24.Hundreds of thousands of years ago, the mainland, so you would have won

:14:24. > :14:30.Chalk ridge. In warmer periods between ice ages, Howards of

:14:30. > :14:38.animals would have found it the easiest way to move along the base

:14:38. > :14:43.of the rage, creating migration routes Inland, into what is now the

:14:43. > :14:49.British Isles, and early Schumann's, hunter-gatherers, would have

:14:49. > :14:52.followed them on those migration routes. When the chalk ridge

:14:52. > :14:55.collapsed, it gave us the famous white cliffs we have today. But our

:14:55. > :14:58.mix of hard and soft rocks didn't just shape our landscape and our

:14:58. > :15:02.coastline. It gave us a unique combination of really useful

:15:02. > :15:05.materials. Archaeologist Lesley Hardy has been uncovering Roman

:15:05. > :15:09.artefacts here in Folkestone where the soft chalk meets the hard local

:15:09. > :15:13.greensand. And there's plenty of evidence that the Romans and our

:15:13. > :15:19.much earlier ancestors made good use of that particular stone.

:15:19. > :15:26.Turning it into a rock 'n roll grinding tool called a quern.

:15:26. > :15:32.pour the grain into the top, then you use this handle - it is quite a

:15:32. > :15:36.heavy beast, to turn it like that, and flower comes out from the side

:15:36. > :15:39.and is collected and swept up. Querns were made here in vast

:15:39. > :15:44.numbers from the greensand in the cliffs below. Then they were traded

:15:44. > :15:47.for things like oil, wine and amber. So you could say that Folkestone's

:15:47. > :15:53.geology meant that it was always destined to be in the import-export

:15:53. > :16:02.business. Just as Tunbridge Wells was always destined to be a well-

:16:02. > :16:06.to-do town thanks to the iron in its water, from the rocks below.

:16:06. > :16:10.And it is fair to say that the high sandstone ridges of the region were

:16:10. > :16:12.always destined to become towns, or villages, like Goudhurst. Where I

:16:12. > :16:15.caught up with building archaeologist Anthony Quiney. He's

:16:15. > :16:19.another big fan of south east rock, because it's given our buildings

:16:19. > :16:25.such an attractive and distinctive look. We have all the evidence

:16:25. > :16:30.before us, and this charge, wonderful gold stone, some of it

:16:30. > :16:37.quite blackened, because there is a man and there. It is the finest

:16:37. > :16:43.building stone in Kent. On top, we have a layer of clay, that produces

:16:43. > :16:48.another building material, bricks which you can break, and the other,

:16:48. > :16:51.it is marvellous for growing old trees. Even our classic hanging-

:16:51. > :16:54.tile look is linked to the oak. When brick became fashionable you

:16:54. > :16:57.didn't rebuild whole timber houses, you just hung tiles on the outside

:16:57. > :17:01.to look like brick. And if you couldn't afford tiles, you stuck

:17:01. > :17:04.with the timber. And on the chalky downland there was always the flint.

:17:04. > :17:12.So our rocks produced land that made our buildings look the way

:17:12. > :17:17.they do. But it also produced land that had another unexpected benefit.

:17:17. > :17:24.It was not wonderful for architecture, but it produced class,

:17:25. > :17:29.which meant pasture, which meant cattle. And you could engage in

:17:29. > :17:35.weaving, and weaving make you very, very rich, certainly in the 14th

:17:35. > :17:40.century. And that would have meant more buildings. Yes, and it is one

:17:40. > :17:44.of the richest characters, certainly in the Middle Ages.

:17:44. > :17:47.those rocks beneath our feet have been pretty good for us humans in

:17:47. > :17:51.the south east. From the present day, going all the way back to the

:17:51. > :17:54.hairiest and earliest cavemen. Which brings me neatly back to Dr

:17:54. > :18:01.Ed, this time in Seaford, where there's evidence that the earliest

:18:01. > :18:06.humans settled here for the rocks. There were people making flint axes

:18:06. > :18:12.like this half-a-million years ago in the South East. That is an awful

:18:12. > :18:16.long time ago. And they were making tools from fluent as recently as

:18:16. > :18:21.4,000 years ago. You have flanked in perfect supply in the cliffs.

:18:21. > :18:25.You do not even have to dig for it. And there are very few places in

:18:25. > :18:30.the world where you have that situation. And this was the chalk

:18:30. > :18:34.pathway over the Channel for the hunter-gatherers, so they got their

:18:34. > :18:40.flint from here and started hunting and gathering. They would have

:18:40. > :18:44.picked it up as they arrived on the beach with their passports! This

:18:44. > :18:49.ancient flint axe head is still sharp, prove that our ancestors

:18:49. > :18:59.knew that -- what they were doing when they settled here, and made

:18:59. > :19:02.

:19:02. > :19:05.the most of the landscape of the Saudis. Now, if you are one of

:19:05. > :19:09.thousands of people who end up needing care in your later years -

:19:09. > :19:12.it could cost you around �50,000 a year. So, when someone tells you he

:19:12. > :19:15.has a way of getting someone else to foot the bill, that's a tempting

:19:15. > :19:18.offer. And that's exactly what a company holding seminars all round

:19:18. > :19:28.the country, including Kent and the South East, have been promising.

:19:28. > :19:31.

:19:31. > :19:41.David Whiteley has been finding out long-term care, and if you have

:19:41. > :19:42.

:19:42. > :19:52.more than �23,000 in savings and rather keep their assets in the

:19:52. > :19:57.

:19:57. > :20:05.founder of the Universal Group, and solicitor. The local solicitor will

:20:05. > :20:10.not be able to do this. Solicitors come to us, to do this. Five years

:20:10. > :20:18.ago, Bernard and Christine Dylan wanted new wills. They went to

:20:18. > :20:24.Steve Long. His business had a new product - to avoid care fees.

:20:24. > :20:34.came and said that you could get out copying care home fees by

:20:34. > :20:34.

:20:34. > :23:52.Apology for the loss of subtitles for 197 seconds

:23:52. > :24:02.We have spoken to the park to claims. But he does sound like he

:24:02. > :24:15.

:24:15. > :24:20.is well qualified. The local authority will look at the reasons

:24:20. > :24:30.that the trust was created, and, if they feel that it was done for the

:24:30. > :24:32.

:24:32. > :24:42.purpose of that in the asset beyond assessment and treat persons as if

:24:42. > :24:43.

:24:43. > :24:53.irony is that if the intention is precisely the opposite. And that is

:24:53. > :25:06.

:25:06. > :25:10.And we were told that if you put your assets into a trust that is

:25:10. > :25:20.deliberately to a void paying care fees, local authority can pay you -

:25:20. > :25:21.

:25:21. > :25:25.- treat you as if you were doing it to avoid paying. Mr Long said that

:25:25. > :25:29.he could not speak to us because he was out of the country. Then his

:25:29. > :25:33.office told us he could not speak to us because of any infection. He

:25:33. > :25:38.is giving a seminar at this hotel and I hope is heeding is better

:25:38. > :25:41.because I have a few questions for him. His office said that universal

:25:41. > :25:47.asset protection is totally committed to its excellent customer

:25:47. > :25:52.care. He also said that their fees are not excessive. But Mr Long has

:25:52. > :26:00.not given specific answers to most of our questions. I have to ask

:26:00. > :26:04.your question, Mr Long. How is it that you are selling a product

:26:04. > :26:14.saying How To avoid care fees when, marketing up -- by marketing has

:26:14. > :26:18.that, you are negating the effectiveness of it. It is nice of

:26:18. > :26:22.you to come here and ask questions. We have questions for you. By

:26:22. > :26:25.advertising yourself as how to avoid care fees, you are kind of

:26:25. > :26:30.shooting yourself in the foot, aren't you? It is not the advice we

:26:30. > :26:34.have received. Who have you received advice from? This is from

:26:34. > :26:38.the government. Who is wrong - you or the government? You have put me

:26:38. > :26:41.on the spot here. We have because we try to get in touch with you and

:26:41. > :26:46.your office told us you are out of the country and that is not the

:26:46. > :26:50.case. I am not prepared to discuss on television the intellectual

:26:50. > :26:54.property that we have. All I can say is that the trust that we use

:26:54. > :26:58.as a 100% record. We have documentary evidence of local

:26:58. > :27:03.authorities accepting the trust. You market yourself as one of only

:27:03. > :27:08.five companies that is able to do this and who specialises in this

:27:08. > :27:11.kind of elderly care trust. It is not true, is it? I said we are one

:27:11. > :27:15.of five specialist providers that we know to provide this to other

:27:15. > :27:19.people. Any firm of solicitors who knows and understand the rules

:27:19. > :27:24.would be able to do this. Strange - he said the opposite when he did

:27:24. > :27:27.not know he was being recorded. Ordinary solicitors would not be

:27:27. > :27:32.able to do this. It is a specialist niche. There are only five of us in

:27:32. > :27:35.the country that deal with it. So what can we learn from this? If

:27:35. > :27:38.you are thinking of putting your property into a trust to avoid care

:27:38. > :27:48.fees, remember that they are not suitable for everyone and they may

:27:48. > :27:53.not work. My first reaction was to say no. But he continued and he

:27:53. > :28:03.eventually wore us down. If you have met in you will know that he

:28:03. > :28:03.

:28:03. > :28:08.is a very pleasant man and obviously a very good salesman.

:28:08. > :28:12.You can get more information about tonight's show by going to hour

:28:12. > :28:21.Kent or Sussex website. You can also watch the whole show again on

:28:21. > :28:26.the iPlayer. Next week: What is it like for the people living rough

:28:26. > :28:33.over the Channel, desperate to get into Britain? We are homeless. We

:28:33. > :28:37.have nothing. We go under cover. am quite excited going in. Danger

:28:37. > :28:45.is not something I am feeling at the moment. And did Shakespeare

:28:45. > :28:48.have anything to do with a murdering five Russian? He ran up

:28:48. > :28:54.to Ardon, through a towel round his throat to strangle him, pulled into