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Rip off Britain - Season 17 Episode 16 -
New home knotweed no-one told us about
New home knotweed no-one told us about
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00:00Today, the couple whose dream home came with a very nasty surprise.
00:05Japanese knotweed that wasn't declared by the seller or revealed by the survey.
00:10If we were to excavate, prices range from around £5,000 to £15,000.
00:15Plus, the Great British Pothole Crisis.
00:18Reports of pothole-related incidents are at record levels
00:22and repairing the damage to your car now costs an average of £320.
00:26We'll be showing you the right way to claim for the damage
00:30and make sure the pothole gets fixed.
00:33Arming you against expensive surprises, this is Rip Off Britain.
00:45Hello and welcome to Rip Off Britain and here to our Salford HQ,
00:49home to our brilliant team of experts and consumer journalists
00:53who work their socks off to investigate your stories.
00:57Coming up today, the marketing campaigns that guarantee to supercharge
01:00the fortunes of some small business owners.
01:03But instead, they've been left counting the cost of an agreement
01:06they wish they'd never signed.
01:08I'm upset with myself because £10,000 is a lot of money to have no return on.
01:15I feel a bit of a fall.
01:16Plus, in our advice clinic, we're on the case for one man
01:21whose energy company multiplied his monthly direct debit tenfold
01:25and kept charging him after he'd pointed out the mistake.
01:28Very frustrated by its low progress.
01:30We're trying to speed things up.
01:32But first today, to a costly surprise of a far more expensive kind,
01:37buying a house can be fraught with worry,
01:39but some would say that the drawn-out paperwork
01:42and complex legal processes are all there for a reason
01:46to protect everyone involved.
01:48And that's certainly why buyers should always commission a survey
01:51and why vendors have to complete lengthy forms
01:54declaring all sorts of details about the home they're selling.
01:58But I'm afraid for the couple we're about to meet,
02:00neither of those things was enough to inform them
02:03about a dark secret that their new home was hiding,
02:06a secret that they're now learning could seriously cost them.
02:12In the old property we lived, there wasn't scope for gardening.
02:17It was just a backyard and not really much you could do.
02:22Naz and Anita Fernandez from Boston in Lincolnshire
02:25are a house-proud pair and enjoy spending time in the garden.
02:30I know he loves gardening,
02:32and this is something I really wanted for him to enjoy
02:36because he's got green fingers, green thumb,
02:39and everything grows so beautifully.
02:42The couple both work for the NHS
02:44and in summer 2024, after almost a decade of renting,
02:49decided, along with their two children, Zane and Lucas,
02:53it was time to buy a house of their own.
02:56We did think a lot about investing in a property
02:59because we don't have much savings really,
03:03but at the end of the day,
03:04you want to call something your own, your home.
03:06They paid £150,000 for the three-bedroom semi,
03:10and for Naz and Anita,
03:12the chance at last to have a proper garden was a major attraction.
03:18When we saw this place,
03:20this outdoor space is actually what made us fall in love with this property.
03:24But before they got to enjoy it,
03:26they'd need to put in some graft.
03:29The garden needed some TLC, I would say, definitely,
03:33but that was doable.
03:35We were excited to get started.
03:38The following spring, the couple set to work on the back garden.
03:42And that's when Naz discovered a problem.
03:46We had a very broken-down fence here, which had to be replaced.
03:51And once we replaced the fence,
03:53there was these big shoots as big as that that were growing here.
03:58So we didn't know what it was.
04:01When they looked online to identify the mystery plant,
04:05they made a horrifying discovery.
04:07It was Japanese knotweed.
04:09I read about it, and it seemed very scary to me
04:14because of what consequence it can have on the foundation.
04:19It's an invasive plant that can wreak total havoc.
04:23Its strong roots have been known to grow through concrete
04:26and, some claim, undermine building foundations.
04:30In some cases, it can make insuring a home hugely expensive,
04:34if not impossible.
04:36Actually, it was quite shocking to know that
04:38Japanese knotweed was on the property.
04:41It's all over the place.
04:42It's actually lifting the patio slabs up.
04:45And over a period of time, it'll just worsen the situation.
04:50But the presence of knotweed shouldn't have been the surprise it was.
04:55Naz and Anita should have been told about it
04:57before they bought the house.
04:59They paid for a Level 2 survey, also known as a Home Buyer Report,
05:04which should list the condition of a property
05:06and identify the presence of Japanese knotweed on the grounds,
05:10if any is found.
05:12It's not highlighted here at all.
05:15The survey says here,
05:16Naz and Anita think that that's passing the buck,
05:35since they believe the Japanese knotweed would have been easily visible
05:39at the time of the survey.
05:42If you look around here, on the estate agent's picture,
05:47see these photos were taken in the month of May
05:50because that's when the house was put for sale.
05:53And summer months, when there's the full growth of the Japanese knotweed,
05:57it would have been visible to the survey age.
05:59It being missed by somebody professional beggars' belief.
06:03But even if the surveyor genuinely missed the knotweed,
06:08there's a second way the couple should have been told about it.
06:11From the seller.
06:13So this is a TA6 form which has information of the property.
06:18And one of the pages here specifically asks
06:23for the presence of Japanese knotweed on the property
06:27or even in the surroundings.
06:29And it's clearly marked no by the sellers.
06:31Had the knotweed been declared by the sellers on the survey,
06:36it could have affected Naz and Anita's ability
06:38to get a mortgage on the house
06:40and might even have stopped them buying it altogether.
06:44But as the new owners, they are now stuck with it,
06:48not to mention the challenge of getting rid of it.
06:51To help them work out their options,
06:53we've got an expert opinion.
06:55Hi there, Anita.
06:57Thank you for coming back.
06:58Thank you very much.
07:00Matt Day is a director at EnviroNet.
07:03It's one of a number of companies that can survey your property
07:06and detect and remove invasive plant species.
07:10And it doesn't take long for him to establish
07:12what Naz and Anita have to deal with.
07:15Yeah, coming up through the patio,
07:19through the gravel as well,
07:21popping up right into the corner over here as well.
07:25And as I'm working towards the mature growth,
07:28the mothership of the plant down here,
07:30and lo and behold, yes, there is
07:33a nice spaghetti of knotweed.
07:36After making a full inspection, Matt is in no doubt.
07:40It's an extensive, mature stand of knotweed.
07:45If we're looking at how long has it been on the property
07:47or within the area for,
07:49we're looking at at least 10 years,
07:51but most likely 20 plus.
07:54Matt says that while there's no damage to the building,
07:57the root system of the Japanese knotweed
07:59covers around a quarter of the garden.
08:02That leads on to, well, what do we do about it?
08:06There are typically two approaches,
08:08one being control,
08:09which is through the use of herbicide.
08:11That could set the couple back
08:12between £3,000 and £5,000.
08:15But the second option is far more costly.
08:18Using a small machine, small excavator,
08:21we can come in and dig out this area,
08:23pulling out the root system
08:25and all the vegetation and take it away.
08:28If we were to excavate,
08:30prices range from around £5,000 to £15,000.
08:33But we're probably, given the extent,
08:35we're probably looking at the lower end of that.
08:37That's shocking, Matt.
08:39That's...
08:39That's a price because we didn't expect this.
08:42No, not at all.
08:42And this is additional cost, not of our making.
08:45Yeah.
08:46Yeah, it is to protect the property,
08:48but at the end of the day,
08:50it's cost that's going out unnecessarily.
08:52It's a cost you never accounted for.
08:54Matt believes the knotweed should have been declared
08:56both on the seller's TA6 form and in the survey.
09:00And the fact it wasn't means the couple could bring legal action.
09:05Matt, I've got the TA6 form.
09:08The sellers have clearly ticked no on this.
09:10It's rare nowadays to actually see the no box ticked.
09:14So this absolutely does strengthen your case.
09:16And this is the RICS Surveyor's report.
09:20Thank you.
09:21The fact that it's so extensive in the garden,
09:24it's mature,
09:25you had the surveys carried out during the growing season as well.
09:29Yeah, from a surveyor and a seller's point of view,
09:33you have been most certainly hard done by here.
09:37The couple simply can't afford large legal fees,
09:40but there is another route they could take.
09:44Matt did let us know that there is a no-win, no-fee option,
09:48which is excellent for us
09:50because we don't have any savings
09:52to invest in a legal litigation like this.
09:56There is a lot of hope at this moment in time.
10:00Yes.
10:01We don't know what pans out,
10:02but at least the hope has been given to us.
10:09It's a difficult situation for Naz and Anita,
10:11but it's good that they're feeling more optimistic
10:14after getting that advice.
10:16And now in HQ to dispense some more
10:18is solicitor Gary Rycroft.
10:21And I'm pleased to say Naz and Anita
10:23are with us two from their home in Lincolnshire.
10:26Thank you so much for joining us, Naz and Anita.
10:31And I really feel desperately sorry for you here.
10:34Tell us about what's going on with the notweed right now.
10:37At the minute, Louise, it's continuing to grow
10:40because we have to deal with the situation.
10:43And we are in touch with the solicitor
10:46who will be fighting this case.
10:49You know, this was your dream house.
10:51You clearly both of you love your garden.
10:53Are you able to use it at all at the moment?
10:56It seems like it's just poured water on my dreams, really.
11:01And it's scary.
11:02Most of the time, because of what a Japanese lot is
11:07and it devaluates the property,
11:10that's the scariest bit, actually.
11:13Yeah.
11:13I totally agree with you about it.
11:15And I can see how scared you would be
11:17because Matt in the film says he thinks it's been there
11:19for possibly 10 to 20 years.
11:21And you've spoken to your neighbours.
11:23What have they said about it?
11:25One of the neighbours says it's been there for a year
11:27since they entered into the property.
11:29So, Gary, there's two ways they should, should have learned about it.
11:33The survey and also the seller's TA6 form.
11:36So, what happens now?
11:39Well, as you say, now that Anita had a survey,
11:41they had an RICS Level 2 survey.
11:45It used to be called a Home Buyers Report.
11:47It's not the most detailed survey,
11:48but it's a survey that's meant to flag issues
11:51that require further investigation.
11:53Now, surveyors are trained to recognise Japanese knotweed.
11:57This was the growing season. This was July.
12:00You would have thought that a surveyor would have spotted
12:03that there was Japanese knotweed either within the property
12:06or within the vicinity.
12:08It does seem to me that the surveyor has let down Naz and Anita.
12:13Now, the surveyor needs to put their point of view across
12:16and that will happen in the legal process.
12:18But on the face of it, the survey was mistaken.
12:21And we've seen that no ticked clearly on the seller's TA6 form.
12:26That's a great concern.
12:28If the seller did no and decided to tick no,
12:32then that is, in legal terms, a misrepresentation.
12:35Now, misrepresentation has a specific legal meaning.
12:38It means that when you are negotiating a contract with someone,
12:42you mislead them in order to not put them off signing the contract.
12:47So, again, there's two potential legal claims.
12:50There's a legal claim against the surveyor
12:51and there's a potential legal claim against the seller as well.
12:54You two have done exactly what most people would do
12:58and gone down all the right routes, haven't they?
13:01But the fundamental question, Anita, is would you have bought that house
13:05if you'd known about the knotweed?
13:07No.
13:08No, we didn't have bought it.
13:10Because knowing that it's associated with what it can create,
13:14damage the foundations, bring the value of the house down,
13:17I wouldn't want to be burdened with the fact of the future.
13:20That's the crucial legal point on the misrepresentation.
13:24You would say, well, I wouldn't have signed that contract
13:26and bought that house if I'd known that there was knotweed.
13:30Exactly.
13:31I just want to pick up on another point.
13:33The knotweed is there, Gary.
13:35So, legally, do they have a responsibility to sort it out?
13:39Yes, absolutely, they do, Louise.
13:41It's defined as an invasive species.
13:43So, you have a responsibility not only to yourselves and your mortgage lender
13:47but actually to your neighbours to not let it spread further.
13:51So, yes, there is a duty on you now to sort it out one way or another
13:55and that's part of your legal claim is there's going to be a cost to that.
13:59And so, what's the next steps for their point of view, Gary?
14:02Well, in terms of your legal claim,
14:04the next steps are for you to establish the cost of removal
14:07and also to establish the difference in the price, the value of your house
14:12with knotweed and without knotweed.
14:14And you need to follow that through with your solicitor
14:17and I'm glad to hear that you've got someone looking after you in that regard.
14:21There's a lot to deal with, both of you. How do you feel?
14:23Initially, it was very scary.
14:25But now, after the reassurances that we have got through that survey
14:29and all the legal case is going to be taken on now,
14:33it is fine. There is the light at the end of the conference.
14:37It's a knotty problem. Thank you very much indeed.
14:40I really appreciate it and good luck.
14:42Thank you. Thank you, Gary.
14:46Thank you very much.
14:48We contacted the other parties involved when Naz and Anita bought the house.
14:53We clarified it was sold by two family members on behalf of a deceased parent.
14:59One told us she had not personally visited in more than four years.
15:04She also insisted she'd never had a conversation with either her parents
15:08or a neighbour about the presence of Japanese knotweed
15:12and she had stated on the TA6 form that she was not able to verify any information.
15:18We also tried to contact the other family member, but they didn't respond.
15:23The estate agency told us it was sorry to hear about Naz and Anita's situation
15:27and said it would review its processes to ensure they are as robust as possible.
15:34Meanwhile, Naz and Anita's solicitors said they are confident
15:37in the quality of the conveyancing services they provided.
15:41And the surveyor told us that during its inspection,
15:44the site was extensively overgrown,
15:46which made it extremely difficult to identify Japanese knotweed
15:50regardless of whether it was during growing season.
15:54The survey recommended that Naz and Anita engage a qualified horticulturist
15:59to confirm that the site is free from invasive plant species,
16:03which the surveyor said was standard RICS homebuyer survey practice.
16:07And the same advice that would have been issued had knotweed been visible.
16:11Well, needless to say, we'll be keeping in touch with Naz and Anita
16:21to bring you an update on what happens next.
16:25So now it's time for our advice clinic.
16:27And today, personal finance expert Amy Knight is here to help Keith Hughes from Wrexham.
16:32How are you today?
16:33I'm very well, thank you, Laurie.
16:35As well as battling a bad internet connection during our call,
16:39Keith is also fighting his energy company, British Gas,
16:42after it increased his monthly direct debits to £780 a month.
16:49You must have gotten off a shock though, Keith.
16:50And what would your direct debit have been ordinarily?
16:54Around £70.
16:56Gosh, so like 10 times greater.
17:00British Gas blamed Keith's smart meter,
17:02which it said hadn't been sending readings.
17:04So his bills were based on estimates.
17:07So Keith, even though they were blaming the smart meter,
17:11how were you feeling about all of this?
17:13Because I know I would have been very frustrated
17:15being charged 10 times the amount that I should have been.
17:18Yeah, very angry, very disappointed
17:22that every time I phoned them,
17:25I was told we're working on the issue,
17:27we'll be in touch.
17:29And then 10 days would pass and I would phone
17:32and I'd get the same message from a different Pfizer.
17:36And we were in round and round circles.
17:39Given that we live in a small 72-bedroom bungalow,
17:44it just seemed, you know,
17:45anybody with any sense wouldn't,
17:48that was a touch on the high side.
17:50Even so, British Gas took a direct debit of £780
17:54four months in a row,
17:57rather than the £70 a month he'd normally pay.
18:00My account is now around £4,000 in credit.
18:05They're saying it's until there is the whole issue,
18:08they're not going to give us any money back.
18:11And how do you feel about that?
18:13Annoyed, disappointed is an understatement.
18:17Amy, what do you think of this whole thing overall?
18:19Legitimately, there are reasons
18:21why they can increase your direct debit.
18:23So if the unit rate of energy goes up,
18:27or if you come to the end of a fixed rate deal
18:29and you move on to a variable tariff.
18:32And it's really, really shocking
18:33that they've held on to this money for so long.
18:36Because actually it's Keith's money.
18:38Absolutely.
18:38It's not their money.
18:39It's not British Gas's money.
18:41You should be able to withdraw money that's yours
18:44any time, provided you've got enough in there
18:46to cover at least one direct debit,
18:48which clearly Keith has.
18:50And sometimes there's a minimum period.
18:52So you might need to be with that provider
18:54for, say, 90 days.
18:56Keith satisfies those conditions.
18:59So I don't think there's any excuse at all.
19:01Well, obviously, Keith,
19:02we got in touch with British Gas.
19:04Now, it blamed a fault with his meter,
19:06which showed that his usage was higher
19:08than it really is.
19:09And that led to the high bill.
19:11British Gas has apologised to him
19:14for how long it's taken to review his account
19:17and says it will install a new meter,
19:19correct his bills, refund his credit,
19:22and issue him with a goodwill gesture as well.
19:25So how does that make you feel, Keith?
19:27I'm delighted to hear it.
19:29And thank you for intervening.
19:31I just think it's unfortunate
19:34that it's taking British Gas so long
19:36to get round to doing the right thing.
19:40Yeah.
19:40Keith, thank you very much indeed
19:41for coming to Rip Off Britain.
19:42I'm glad we were able to help.
19:44And thank you very much to Amy as well.
19:45Thank you both very much.
19:54If, like Keith, you're desperate for a company
19:57to get a move on and deal with your problem,
19:59then perhaps we can help.
20:00Drop us a line to ripoffbritain at bbc.co.uk
20:04or send us a message via WhatsApp
20:06on 033-678-1321.
20:11You can, of course, get in touch
20:12through our Facebook page.
20:14Just search for BBC Rip Off Britain
20:15and our postal address for anyone
20:17who'd much rather write
20:18is Rip Off Britain, BBC Media City, UK,
20:21Salford, M52LH.
20:24Well, now coming up, I have to say, girls,
20:26I take my hat off to people who work really hard.
20:29You know, people in small businesses and everything.
20:32I mean, I'm not shy of work myself,
20:34but I do watch some people, I think.
20:35They have to work hard for every single penny they make.
20:38So a service that offers to bring in new clients
20:40by applying a level of expertise
20:42that those small business owners simply don't have
20:45would seem like something of a no-brainer,
20:47especially if it promised to guarantee results.
20:52But despite those supposed guarantees,
20:54the small business owners in our next film
20:56are struggling to keep their business going
20:58because the experts they trusted to boost takings
21:02seem to have taken rather than given.
21:04The business is my baby, really.
21:10When I set this up,
21:11I really just wanted a few pounds on the side
21:14and then it's just grown.
21:17For Lindsay Watson from Worcestershire,
21:20running her skincare clinic
21:22is as much about her desire to help people stay healthy
21:25as it is about making a living.
21:27My passion has always been for health
21:30and preventative health
21:32and it's about that mental health and well-being
21:36as much as actually looking good on the surface.
21:40So what we're going to do now
21:41is do the derma force, the microneedling.
21:44Since setting up the business two years ago,
21:47she's built up a healthy client base,
21:49but she's keen to expand further.
21:52OK, how's that for you?
21:53That's all right.
21:54Running the business day-to-day
21:56can make it hard for Lindsay
21:57to put in all the work needed
21:59to bring in new customers.
22:01So when she saw an ad for a company
22:03that would do it for her,
22:04she was hooked.
22:06The firm, called Scaling Clinic,
22:08made some big promises on its website.
22:11They were going to do marketing,
22:13the videos, Facebook advertising,
22:16and it seemed to be risk-free
22:18because if they didn't achieve the results,
22:21then they would work free
22:23until they got to those results.
22:26Scaling Clinic billed itself as a growth partner
22:29rather than a marketing agency,
22:32promising training, coaching, and support
22:34to generate what it called high-quality leads.
22:38The website was also full of testimonies
22:40from other customers who had great things to say.
22:44Lindsay was impressed,
22:45so she set up a meeting.
22:47They promised that they'd increase
22:49my turnover substantially,
22:51which I really like
22:52because I've got a big development plan.
22:54And I thought, well, this can really help.
22:58Scaling Clinic offered a four-month marketing campaign
23:01with bespoke ads
23:02which it guaranteed
23:04would increase the salon's revenue
23:06by at least 50%
23:07by the end of the contract.
23:09In fact, that wasn't the only mention
23:12of the word guarantee.
23:14The contract included so many,
23:16it felt to Lindsay that she really couldn't lose.
23:19So she signed up,
23:21paying £7,200 up front
23:24and budgeted a further £1,000 a month
23:27to cover the cost of placing the ads.
23:29At first, it sounded a lot,
23:33but with the guarantee,
23:35it didn't seem that unreasonable
23:37compared to marketing prices
23:39that I'd paid before.
23:41She told me that they would get actors in
23:43to do the videos.
23:44They were going to do a bespoke package
23:46just tailored to my clinic
23:49and what I do.
23:50And it all sounded great.
23:53But it didn't take long
23:55for Lindsay to realise
23:56everything might not be quite as it seemed.
23:59First, rather than the paid actors
24:02Lindsay says she was promised,
24:04the unnatural features
24:05and stilted focal delivery
24:07of the woman in the videos
24:08strongly suggested
24:10it was generated
24:11using artificial intelligence.
24:14Wondering how some women
24:15always seem to look younger than you
24:17despite their busy lives
24:18while you struggle with sagging jawline
24:20and wrinkles making you look
24:21and feel older than you actually are?
24:23I felt cheated
24:24that I was promised
24:26this amazing video
24:28that was going to really draw people in.
24:30The promise of actors
24:31never came to fruition at all.
24:36And soon,
24:37another of Scaling Clinic's promises
24:39failed to materialise.
24:42Lindsay had been assured
24:43high-quality leads,
24:45in other words,
24:46potential customers
24:47in her local area
24:48who are interested
24:49in the type of services
24:50her salon provides.
24:52But Lindsay says
24:53because the leads she got
24:54were far from high quality.
24:57I was getting the leads
24:58but these leads
24:59weren't answering the phone
25:00so we would do text,
25:01we would do WhatsApp,
25:02we would do email
25:03and then we would do
25:05telephone call as well.
25:06The majority weren't even
25:08responding to any
25:09form of communication.
25:11And when Lindsay
25:12did get through.
25:13Some people were saying
25:14absolutely not,
25:16I don't want any treatment.
25:17So at this point
25:18I'm getting more and more frustrated.
25:21All the money was paid up front,
25:23the marketing costs
25:24were coming out every month
25:25for the Facebook ads
25:26and I was getting
25:27no return on it.
25:29She says Scaling Clinic
25:30told her to give it time
25:32but Lindsay was regretting
25:33ever doing business
25:35with the firm.
25:36However,
25:36that's not what Scaling Clinic
25:38was telling other businesses.
25:39One day,
25:41Lindsay's phone rang
25:42and she heard that
25:42Scaling Clinic
25:43was using her salon
25:44as an example
25:46of a real success story.
25:48How does that feel Angela?
25:50The caller
25:51was Michelle Stead,
25:53the owner of a beauty clinic
25:54in Wiltshire.
25:55She too
25:56was growing disillusioned
25:58with Scaling Clinic
25:59after also handing
26:00close to £10,000
26:02for a bespoke marketing plan
26:04that wasn't living up
26:05to the so-called guarantees
26:06that originally drew her in.
26:09Even though their services
26:11were more expensive,
26:12they were guaranteeing
26:13the five clients a week
26:15and that was actually
26:16written in the contract.
26:17So yeah,
26:18I felt, you know,
26:19what could possibly go wrong?
26:21But just like Lindsay,
26:23Michelle was given
26:24what appeared to be
26:25AI-generated videos
26:26and what she says
26:28were distinctly
26:29low-quality leads.
26:31They were from
26:32all around the country.
26:33We rung them
26:34and they were definitely
26:36not within our local area.
26:38It just seemed
26:39like a waste of time.
26:41Michelle complained
26:42to Scaling Clinic
26:42which, in an attempt
26:44to keep her on board,
26:45told her to call Lindsay
26:46to hear how transformative
26:48its services could be.
26:50But that turned out
26:52to be a spectacular
26:53own goal
26:54because the two women
26:55soon realised
26:56they'd both had
26:57the same
26:57disappointing experience.
27:00By this point,
27:00both women were
27:01so disillusioned
27:02with Scaling Clinic
27:03that instead of continuing
27:05with the remaining weeks
27:06on their contracts
27:07and spending even more money,
27:09they decided to leave.
27:10In the weeks that followed,
27:11they searched for
27:12other businesses
27:13who'd also signed up
27:14to Scaling Clinic
27:15and learned the truth
27:16about their so-called
27:18bespoke marketing campaigns.
27:20When we started
27:22comparing notes,
27:23we all had
27:23the same campaign,
27:25we all had
27:25the same videos.
27:27How are things going
27:28with our little group?
27:30Interestingly,
27:32last week was
27:33another busy week.
27:34So how many
27:35are in the group now,
27:36Michelle?
27:3614 of us
27:37and I haven't found
27:39one person
27:40that's had a good experience.
27:42Together,
27:42Michelle and Lindsay's
27:43small family-run businesses
27:45have paid around
27:46£19,000 to Scaling Clinic
27:49but both women
27:50say the company
27:51has generated
27:52zero returns.
27:54For me,
27:55it's obviously important
27:56to hold
27:58Scaling Clinic
27:58accountable
27:59but also
28:00a really,
28:01really important thing
28:02to me is
28:02if I can save
28:03just one person
28:04from that happening,
28:05it'd be absolutely
28:06worth its weight
28:07in gold.
28:09Ultimately,
28:10what made me
28:10sign the contract
28:11was the promise,
28:14the plausibility
28:15and it all seemed
28:18like it was
28:19a genuine opportunity.
28:22I'm cross with myself.
28:23I feel a bit of a fool.
28:29Well,
28:29to discuss all this,
28:30I'm joined now
28:31by business journalist
28:32Adam Shaw.
28:33Adam,
28:34welcome.
28:35And,
28:35you know,
28:36if you're a small business
28:37owner and somebody
28:38offers to guarantee
28:39you contacts
28:40and new clients,
28:41it's got to be
28:42tempting,
28:42hasn't it?
28:42I mean,
28:43Michelle herself
28:43said,
28:44a no-brainer.
28:46Yeah,
28:46well,
28:46absolutely.
28:47And if you're
28:47a small business,
28:48your speciality
28:49isn't advertising
28:50or social media,
28:52so it's completely
28:52natural that you'd
28:53want some help.
28:54If you look
28:55carefully,
28:56it says,
28:57we guarantee,
28:58quote,
28:59five new clients
29:00a week
29:01by the end
29:01of the project
29:02period.
29:03Wow.
29:03ordinary,
29:04yes.
29:04If you look
29:05a bit further
29:05down in the
29:06small print,
29:06it then says,
29:07scaling system
29:08will continue
29:09with the service
29:09after the project
29:10period at no
29:11additional cost
29:12to the client
29:13if within
29:14the project
29:14period the
29:15client does
29:16not achieve
29:16the agreed
29:17outcome.
29:18I think the
29:19average person
29:20coming to
29:21this contract
29:22would read it
29:23as a guarantee
29:24that this company
29:25is going to
29:26fix this
29:27problem.
29:28It's a powerful
29:29word,
29:30this guarantee
29:30word.
29:31I was about
29:31to say,
29:31I mean,
29:31it was sprinkled
29:32liberally through
29:34the contract,
29:34wasn't it?
29:35But how good
29:36is a guarantee?
29:37It's only as good
29:38as the company
29:39backing that
29:40guarantee.
29:41When you're a
29:41small business,
29:42it's different,
29:43isn't it?
29:43When it comes
29:44to contracts
29:44like this,
29:45you don't have
29:45the same protection
29:46as an individual
29:47consumer would.
29:48No,
29:49we've had decades
29:50of consumer
29:50protection,
29:51and the key
29:52word here is
29:52consumer.
29:53It means
29:53individuals like
29:55you and me.
29:55It does not
29:56generally apply
29:57to businesses,
29:58even if they're
29:59one-person
30:00businesses.
30:00And Michelle
30:01and Lindsay,
30:02who we were
30:03just hearing
30:03from,
30:04what can they
30:04do?
30:05They can argue
30:06that this was
30:07a service that
30:08wasn't provided
30:09as per contract,
30:10but to enforce
30:11that,
30:12they will have
30:12to go to
30:13a court.
30:14They may be
30:15able to go to
30:15a small
30:16claims court,
30:17but if someone
30:17is in breach
30:18of their contract,
30:19you can go to
30:19law and try
30:20and enforce it.
30:21Very good
30:22advice,
30:22Adam.
30:22Thank you
30:23very much.
30:25When we
30:26contacted
30:26Scaling Clinic,
30:28it told us
30:29that Lindsay
30:29and Michelle
30:30each received
30:30more than
30:31200 sales
30:32leads,
30:33which it
30:33says would
30:34have produced
30:34clients if
30:35handled correctly.
30:37In Lindsay's
30:38case,
30:38the company
30:39claimed she
30:39didn't follow
30:40its guidelines
30:41for how to
30:41contact and
30:42speak to the
30:43leads,
30:43something which
30:44she strongly
30:45disputes.
30:46She says
30:47the vast
30:48majority of
30:48the leads
30:49she was given
30:49didn't respond
30:50to any form
30:51of communication.
30:53Scaling Clinic
30:54also claimed
30:55that the twice-weekly
30:56training offered
30:56to Michelle's team
30:57was poorly
30:58attended.
30:59However,
31:00Michelle provided
31:01us with evidence
31:02that she was told
31:03that she and her team
31:04no longer needed
31:05to attend.
31:07Scaling Clinic
31:07stressed its terms
31:08clearly state
31:09it needs a four-month
31:10period to get results
31:12and that any
31:13guarantee is by
31:14the end of
31:14this period.
31:15But because
31:16Michelle and
31:16Lindsay terminated
31:18their contracts
31:18early,
31:19the promised
31:20results were
31:21not possible.
31:23The company
31:23says that the
31:24use of professional
31:25actors in its
31:26ads is not
31:27promised and
31:28that AI is
31:29never ruled
31:29out.
31:30It said neither
31:31Lindsay nor
31:32Michelle raised
31:33concerns about
31:34the adverts
31:34before they
31:35went live.
31:37Despite Lindsay
31:37and Michelle being
31:38disappointed that
31:39their adverts were
31:40not bespoke,
31:41the company
31:41said the
31:42campaigns are
31:43tried and
31:44tested and
31:45proven to
31:45work in other
31:46parts of the
31:47country.
31:48Regarding Michelle's
31:49claim that she
31:50had not spoken to
31:51any clients who
31:52had had a
31:52positive experience
31:53with Scaling
31:54Clinic, the
31:55company insisted
31:56it had written
31:57statements from
31:58two clients
31:59proving otherwise.
32:06You know,
32:07sometimes we
32:08feature a story
32:08which prompts
32:09a deluge of
32:10emails into
32:11our inbox and
32:12last year that's
32:13exactly what
32:13happened after we
32:14looked at one
32:15person's problems
32:16with potholes in
32:17our advice clinic.
32:18It was all about
32:19Patricia Rolfe in
32:20Chelmsford's struggle
32:21to claim that the
32:22cost of repairing
32:23the damage caused
32:24her car after
32:25hitting a pothole
32:26and after it was
32:27broadcast you told
32:29us about similar
32:30battles you'd been
32:30fighting all over
32:32the country.
32:33As you might
32:33imagine since then
32:34the number of
32:35pothole related
32:35incidents and
32:36breakdowns in the
32:37UK have reached a
32:38record high.
32:39So very shortly
32:40I'll be finding out
32:41all you need to
32:41know about how
32:42to claim if your
32:43car suffers damage
32:44from one of them
32:45and what's being
32:46done in order to
32:46fix them.
32:47But first here's a
32:48reminder of one of
32:49the first times we
32:50travelled down this
32:51particularly bumpy
32:52road.
32:54In January 2018
32:56it was already being
32:57called a national
32:58embarrassment.
33:00Councils fix two
33:01million every year.
33:02An epidemic.
33:03The shudder of the
33:04wheels and the
33:05judder to the spine.
33:06even a plague.
33:07And the state of
33:08Britain's roads was
33:09causing particular
33:10problems for driver
33:11Simon Peck and his
33:13wife Deidre.
33:15It had been pouring
33:15with rains and we're
33:17just driving along at a
33:18fairly gentle spin and
33:19there was an almighty
33:20bang.
33:23And Deidre and I
33:24looked at each other
33:25like what the heck
33:26was that?
33:27And then when we got
33:28home we found out that
33:29we'd got one flat
33:30tire, one completely
33:31flat tire and one
33:32tire that was going
33:33down.
33:34Simon had driven
33:34straight into a
33:35pothole causing
33:36serious damage to his
33:38car.
33:38Both tires needed to be
33:40replaced and the
33:41buckled alloy wheel and
33:43damaged shock absorber
33:44needed repairing as
33:45well landing Simon with
33:46a £400 bill.
33:49To lose £400 that you
33:51weren't expecting to
33:52lose.
33:53I'm 69 years old so
33:54if your car isn't
33:55working for whatever
33:56reason you're
33:58stuffed.
33:59Simon reported the
34:00incident to his local
34:01council and was pleased
34:02when his workers came
34:03out and filled in the
34:04hole.
34:06Andy put in a claim to
34:07the council to claw back
34:08his £400.
34:10At the time I didn't
34:12see any reason at all
34:13why I shouldn't have
34:14got compensation
34:16because it wasn't my
34:17fault.
34:18The damage was to the
34:19road.
34:20They have a duty of care
34:21to make sure that the
34:22roads are safe.
34:24I even had photographs
34:25with the tape measure
34:26in the photograph so
34:27that they could see the
34:28size that I was talking
34:30about.
34:31But to Simon's
34:32astonishment the council
34:34rejected his claim on the
34:36grounds that it cannot be
34:37held liable for damage from
34:39a pothole it had hadn't
34:40previously been aware of.
34:42And to Simon's incident was
34:44the first the council knew
34:45of this particular pothole.
34:46It was under no obligation
34:48to compensate him.
34:49I understand the
34:50predicament that all councils
34:52are in.
34:53They've got to make their
34:54budget go in all sorts of
34:56different directions but it
34:57wasn't my fault.
34:58That's really the galling
34:59thing.
35:00But for drivers like Simon
35:02there was hope that new
35:03technology would get the UK's
35:05roads back up to scratch.
35:07This specialist company uses
35:09spray injection patching to
35:12fill potholes more quickly and
35:13cheaply than has traditionally
35:15been possible.
35:16So far this year we've filled
35:18over 300,000 potholes across
35:19the UK.
35:21Each of our machines is capable
35:22of laying over 200 repairs
35:24each day which compares it's
35:26probably about 10 times as
35:28many as a conventional guy.
35:30But as I'm about to hear those
35:33innovations have not stopped
35:34the pothole plague continuing
35:36to spread.
35:38Well I can see you at home
35:40tearing your hair out what
35:41you've got left of because
35:42everybody's got a pothole
35:43somewhere in their region.
35:44Amy Knight of course is with us
35:46back once again.
35:47It seems to be getting worse if
35:48anything.
35:49I read somewhere that and this
35:51is England and Wales I believe
35:52that 3,122 reports per day and
35:56I believe it's the highest in
35:582024 is the highest for five
36:00years or something.
36:00Is that right?
36:01That's right.
36:012024 the highest number of
36:03reported potholes for five
36:04years and in Britain one in
36:07ten minor roads is now
36:09estimated to be in poor
36:10condition.
36:10Well the frustration is so
36:12great that a lot of people are
36:13taking the law into their own
36:15hands and away.
36:16Have a look at this.
36:17This is the state of the road
36:19here where I am in Harlow and
36:22it's been a good place for me and
36:24the boys thought we'd come to
36:25ourselves.
36:27Good old Rod Stewart.
36:28He's out there shoveling away.
36:30I like that.
36:32The local council near Rod did
36:34complete the work shortly
36:35afterwards but it warned people
36:37not to undertake road surface
36:38repairs themselves as they might
36:41become liable for any future
36:42accidents.
36:43So the question is of course
36:45why is nothing being done about
36:47it?
36:47Well councils hopefully will
36:49start to respond a little bit
36:50quicker now that there's
36:51additional investment coming
36:52through from the government.
36:54We've got £1.6 billion
36:56dedicated to local roads in the
36:58current tax year and £4.8
37:01billion for motorways and A
37:03roads which was announced in the
37:04autumn budget.
37:05And in the spending review in June
37:082025 Chancellor Rachel Reeves
37:10promised £24 billion will be spent
37:12by 2030 and that will be split
37:14between the national highways and
37:16the councils.
37:17The thing that's going to make a
37:18real difference on this pothole
37:20plague is the fact that councils
37:22are now going to be asked to
37:23report how many potholes have been
37:26declared in their area and how
37:28many of those they've actually
37:29put right.
37:31It'll no doubt take a while to
37:33spend that money and fix the
37:34potholes.
37:35So in the meantime I want to quiz
37:37Amy on your rights.
37:40Jill Bryant says this is a picture
37:42she said of the pothole that she
37:44hit.
37:45Now she said it was full of water
37:46at the time.
37:47She didn't actually see it but
37:49when she got in touch with the
37:50council for compensation she was
37:52told that because the pothole had
37:54not previously been reported and
37:56when the road was inspected some
37:58months earlier there was no pothole.
38:00So what are the rules here?
38:01I mean is it your word against
38:02those?
38:03This is really tricky.
38:04You have to have evidence that the
38:06pothole has been previously reported.
38:08If it has not been reported be the
38:10one that goes online to report it.
38:12Otherwise the council can say sorry
38:14we didn't know about it and that's
38:16why we didn't fix it.
38:17Then you collect your evidence.
38:19Now obviously you need to do this
38:20safely so when the road is quiet go
38:22and take pictures of the pothole.
38:24You can take pictures of the damage
38:26to your car.
38:26Save all the invoices and receipts
38:28for any costs that you've incurred.
38:31Due to the varying values of
38:33vehicles there is no fixed levels of
38:35pothole compensation.
38:36But Amy says there are some tools
38:39to help your claim.
38:41There's something really helpful
38:42on the RAC website.
38:44They've partnered with an organisation
38:46called Fix My Street and there's a
38:48tool there on the RAC website where
38:50you put in the postcode of where the
38:52pothole is and it can help you find
38:54out which organisation you need to
38:57refer that claim to.
38:58So using this tool putting in the
38:59postcode will show you right who do
39:02you actually need to send this
39:03compensation claim to if you're
39:05trying to get some money back.
39:07And when you're reporting the
39:08pothole it can also show you which
39:11other road defects have been reported
39:13already on that postcode.
39:15Just a final question about insurance,
39:16about car insurance.
39:17Will they automatically cover
39:18pothole damage?
39:20Not every policy.
39:21It is something that you need to
39:22check and if you live in an area
39:24where potholes are particularly rife
39:26then I would suggest fully
39:27comprehensive and checking for the
39:29detail to make sure that potholes
39:31are included.
39:32Now we're going to put all those
39:33tips on our website that Amy's been
39:35talking about and thank you very
39:36much.
39:36And the website address is
39:38bbc.co.uk
39:39slash ripoffbritain.
39:41Thanks Amy.
39:47Well now Amy and Gary are back to
39:49answer more of your questions and
39:51we're going to start with you Gary.
39:52This one is from Anita Brittain.
39:55She says she purchased diet patches
39:57online for £29.99.
39:59They were advertised with a 30-day
40:02hassle-free money-back guarantee
40:03so she decided to buy them.
40:06She found they simply didn't work
40:07on her so she asked for a refund
40:09and was surprised when the company
40:11refused saying results can vary.
40:14Where does she stand?
40:16Well under the Consumer Rights Act
40:18of course anything you buy as a
40:19product or service should be as
40:21described.
40:22They made it a specific
40:24contractual term that she would
40:26have a 30-day guaranteed return
40:28policy so they actually took it
40:30beyond the Consumer Rights Act.
40:32So should she just go back and
40:33argue with them on those terms?
40:35She absolutely should.
40:36Refer them to the no quibble
40:38return that they promised.
40:40That was a contractual promise
40:41at the beginning of the contract.
40:44Amy let's put this one to you.
40:45Mark Cole says he's having an
40:46ongoing issue with the retailer
40:48and a courier company after ordering
40:50a couple of pairs of swimming
40:51trunks.
40:52He got a delivery notification showing
40:54the parcel had been delivered but
40:56you guessed it not to him.
40:57The courier suggested he knock on
40:59doors to locate the package which
41:01he did but with no joy and the
41:03retailer is refusing to refund.
41:05What can he do about it?
41:06Now how Mark paid and how much he
41:08paid matters.
41:10If they are fancy pants trunks and
41:12he's paid more than £100 on a
41:14credit card and he's covered under
41:16section 75 of the Consumer Credit
41:18Act and the bank will simply get that
41:21payment reversed.
41:22If he's either used a debit card or
41:24the transaction is less than £100
41:26then it's chargeback he wants to use.
41:29That can work on credit and debit
41:31cards and interestingly from the
41:33business perspective it costs them a
41:36lot more in fees to use chargeback than
41:39if they'd just given him a refund when
41:41he asked for it.
41:42So he could send a follow-up email
41:44informing them that he's going to claim
41:46for chargeback and see if that spurs
41:48them into action.
41:49Perfect.
41:50So there it now he knows.
41:51Well now Gary, Paula Halloran wrote in
41:54after having warning messages appear on
41:57the dashboard of a brand new car.
41:59The manufacturer took it in for repair
42:00but has now had the car for nearly five
42:03months whilst they try and repair the
42:06fault.
42:06Meanwhile she's paying the monthly
42:08finance on it so what are her rights?
42:10Well the time frame you mentioned Gloria
42:12is really important because for the
42:14first 30 days after a purchase if there
42:17is a fault you do have the right to
42:20reject the goods and either ask for a
42:22full refund or a replacement.
42:24So this occurred within the first 30
42:26days so she should be actually saying
42:28to the car company, the car retailer,
42:31the garage, actually I want to either
42:34have a completely different brand new
42:36car or I want all of my money back.
42:39Now in the meantime with the car
42:41finance company I would give them a
42:43call and actually let them know what is
42:45happening, you know tread carefully there
42:47because that is a separate legal
42:48arrangement that she has with the car
42:50hire company but if they're reasonable
42:52they may let her kind of have a payment
42:54holiday until all of this is resolved.
42:57And I hope she gets the results.
42:58Absolutely.
42:59Well there you have it, such a lot of
43:01advice packed into today's programme from
43:03who to complain to if your energy company
43:05isn't fixing a problem to your rights to
43:08compensation after hitting a pothole.
43:10If you've missed any of that don't worry
43:12you can catch up on today's programme and
43:14many more on BBC iPlayer.
43:16Well I'm afraid that's where we have to
43:18leave it for today but thank you very
43:19much indeed for being with us and from
43:21all of us on the Rip Up Britain team
43:23bye bye.
43:24Goodbye.
43:24Goodbye.
43:24Goodbye.
43:25Goodbye.
43:26Goodbye.
43:27Goodbye.
43:28Goodbye.
43:29Goodbye.
43:30Goodbye.
43:31Goodbye.
43:32Goodbye.
43:33Goodbye.
43:34Goodbye.
43:35Goodbye.
43:36Goodbye.
43:37Goodbye.
43:38Goodbye.
43:39Goodbye.
43:40Goodbye.
43:41Goodbye.
43:42Goodbye.
43:43Goodbye.
43:44Goodbye.
43:45Goodbye.
43:47Goodbye.
43:48Goodbye.
43:49Goodbye.
43:50Goodbye.
43:51Goodbye.
43:52Goodbye.
43:53Goodbye.
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