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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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00:00Japanese knotweed that wasn't declared by the seller or revealed by the survey.
00:05If we were to excavate, prices range from around £5,000 to £15,000.
00:10Plus the Great British Pothole Crisis.
00:14Reports of pothole-related incidents are at record levels
00:17and repairing the damage to your car now costs an average of £320.
00:22We'll be showing you the right way to claim for the damage
00:25and make sure the pothole gets fixed.
00:28Arming you against expensive surprises, this is Ripoff Britain.
00:40Hello and welcome to Ripoff Britain and here to our Salford HQ,
00:44home to our brilliant team of experts and consumer journalists
00:48who work their socks off to investigate your stories.
00:52Coming up today, the marketing campaigns that guarantee to supercharge
00:56the fortunes of some small business owners.
00:58But instead, they've been left counting the cost of an agreement they wish they'd never signed.
01:03I'm upset with myself because £10,000 is a lot of money to have for no return on.
01:10I feel a bit of a fool.
01:13Plus, in our advice clinic, we're on the case for one man
01:16whose energy company multiplied his monthly direct debit tenfold
01:20and kept charging him after he'd pointed out the mistake.
01:23Very frustrated by it's low progress.
01:25We're trying to speed things up.
01:27But first today, to a costly surprise of a far more expensive kind,
01:32buying a house can be fraught with worry.
01:35But some would say that the drawn-out paperwork and complex legal processes
01:39are all there for a reason, to protect everyone involved.
01:43And that's certainly why buyers should always commission a survey
01:46and why vendors have to complete lengthy forms declaring all sorts of details
01:51about the home they're selling.
01:53But I'm afraid for the couple we're about to meet,
01:56neither of those things was enough to inform them about a dark secret
01:59that their new home was hiding.
02:01A secret that they're now learning could seriously cost them.
02:04In the old property we lived, there wasn't scope for gardening.
02:12It was just a backyard and not really much you could do.
02:17Naz and Anita Fernandez from Boston in Lincolnshire
02:20are a house-proud pair and enjoy spending time in the garden.
02:24I know he loves gardening and this is something I really wanted for him to enjoy
02:31because he's got green fingers, green thumb, and everything grows so beautifully.
02:37The couple both work for the NHS and in summer 2024,
02:42after almost a decade of renting, decided, along with their two children,
02:46Zane and Lucas, it was time to buy a house of their own.
02:50We did think a lot about investing in a property
02:54because we don't have much savings, really.
02:58But at the end of the day, you want to call something your own, your home.
03:02They paid £150,000 for the three-bedroom semi
03:05and for Naz and Anita, the chance at last to have a proper garden
03:10was a major attraction.
03:13When we saw this place, this outdoor space is actually what made us
03:17fall in love with this property.
03:19But before they got to enjoy it, they'd need to put in some graft.
03:24The garden needed some TLC, I would say, definitely.
03:28But that was doable.
03:30We were excited to get started.
03:33The following spring, the couple set to work on the back garden.
03:38And that's when Naz discovered a problem.
03:41We had a very broken-down fence here which had to be replaced.
03:45And once we replaced the fence, there was these big shoots
03:50as big as that that were growing here.
03:53So we didn't know what it was.
03:57When they looked online to identify the mystery plant,
04:00they made a horrifying discovery.
04:02It was Japanese knotweed.
04:04I read about it and it seemed very scary to me because of what consequence it can have on the foundation.
04:13It's an invasive plant that can wreak total havoc.
04:17Its strong roots have been known to grow through concrete and, some claim, undermine building foundations.
04:25In some cases, it can make insuring a home hugely expensive, if not impossible.
04:30Actually, it was quite shocking to know that Japanese knotweed was on the property.
04:36It's all over the place.
04:37It's actually lifting the patio slabs up.
04:41And over a period of time, it'll just worsen the situation.
04:45But the presence of knotweed shouldn't have been the surprise it was.
04:50Naz and Anita should have been told about it before they bought the house.
04:54They paid for a Level 2 survey, also known as a Home Buyer Report,
05:00which should list the condition of a property and identify the presence of Japanese knotweed on the grounds, if any is found.
05:07It's not highlighted here at all.
05:10The survey says here,
05:12I have not identified any species of concern, but recommend,
05:16due to the extensive nature of the site,
05:19you consult with a horticulturist over a further inspection to confirm the site is free from invasive species.
05:27Naz and Anita think that that's passing the buck,
05:31since they believe the Japanese knotweed would have been easily visible at the time of the survey.
05:37If you look around here, on the estate agent's picture,
05:42see these photos were taken in the month of May,
05:45because that's when the house was put for sale.
05:47And summer months, when there's the full growth of the Japanese knotweed,
05:52it would have been visible to the survey agent.
05:54It being missed by somebody professional beggars belief.
06:00But even if the surveyor genuinely missed the knotweed,
06:03there's a second way the couple should have been told about it.
06:06From the seller.
06:08So this is a TA6 form, which has information of the property.
06:13And one of the pages here specifically asks for the presence of Japanese knotweed on the property,
06:22or even in the surroundings.
06:24And it's clearly marked no by the sellers.
06:27Had the knotweed been declared by the sellers on the survey,
06:31it could have affected Naz and Anita's ability to get a mortgage on the house,
06:35and might even have stopped them buying it altogether.
06:38But as the new owners, they are now stuck with it,
06:43not to mention the challenge of getting rid of it.
06:47To help them work out their options, we've got an expert opinion.
06:51Hi, Anita.
06:52Thank you for coming.
06:53Thank you very much.
06:54Matt Day is a director at Environet.
06:58It's one of a number of companies that can survey your property
07:01and detect and remove invasive plant species.
07:05And it doesn't take long for him to establish what Naz and Anita have to deal with.
07:12Yeah, coming up through the patio, through the gravel as well,
07:16popping up right into the corner over here as well.
07:18And as I'm working towards the maturer growth,
07:23the mothership of the plant down here,
07:26and lo and behold, yes, there is a nice spaghetti of knotweed.
07:31After making a full inspection, Matt is in no doubt.
07:36It's an extensive, mature stand of knotweed.
07:39OK.
07:40If we're looking at how long has it been on the property or within the area for,
07:44we're looking at at least 10 years, but most likely 20 plus.
07:49Matt says that while there's no damage to the building,
07:52the root system of the Japanese knotweed covers around a quarter of the garden.
07:57That leads on to, well, what do we do about it?
08:01There are typically two approaches,
08:03one being control, which is through the use of herbicide.
08:06That could set the couple back between £3,000 and £5,000.
08:10But the second option is far more costly.
08:13Using a small machine, small excavator,
08:16we can come in and dig out this area,
08:19pulling out the root system and all the vegetation and take it away.
08:23If we were to excavate, prices range from around £5,000 to £15,000.
08:28But we're probably, given the extent,
08:30we're probably looking at the lower end of that.
08:32That's shocking, Matt.
08:34That's a surprise because we didn't expect this.
08:37No, not at all.
08:38This is additional cost, not of our making.
08:40Yeah.
08:40Yeah, it is to protect the property.
08:43But at the end of the day, it's cost that's going out unnecessarily.
08:47It's a cost you never accounted for.
08:49Matt believes the knotweed should have been declared
08:52both on the seller's TA6 form and in a survey.
08:56And the fact it wasn't means the couple could bring legal action.
09:01Matt, I've got the TA6 form.
09:03The sellers have clearly ticked no on this.
09:05It's rare nowadays to actually see the no box ticked.
09:09So this absolutely does strengthen your case.
09:11And this is the RICS surveyors report.
09:16The fact that it's so extensive in the garden, it's mature.
09:20You have the surveys carried out during the growing season as well.
09:25Yeah.
09:25From a surveyor and a seller's point of view,
09:28you have been most certainly hard done by here.
09:30The couple simply can't afford large legal fees.
09:35But there is another route they could take.
09:39Matt did let us know that there is a no-win, no-fee option,
09:43which is excellent for us
09:45because we don't have any savings
09:47to invest in a legal litigation like this.
09:52There is a lot of hope at this moment in time.
09:55Yes.
09:56We don't know what pans out,
09:57but at least the hope has been given to us.
10:04It's a difficult situation for Naz and Anita,
10:07but it's good that they're feeling more optimistic
10:09after getting that advice.
10:11And now in HQ to dispense some more
10:13is solicitor Gary Rycroft.
10:16And I'm pleased to say Naz and Anita
10:18are with us too from their home in Lincolnshire.
10:21Thank you so much for joining us, Naz and Anita.
10:26And I really feel desperately sorry for you here.
10:29Tell us about what's going on with the knotweed right now.
10:32At the minute, Louise, it's continuing to grow
10:35because we have to deal with the situation.
10:38And we are in touch with the solicitor
10:41who will be fighting this case.
10:44You know, this was your dream house.
10:45You're clearly, both of you love your garden.
10:48Are you able to use it at all at the moment?
10:51It seems like it's just cold water on my dreams, really.
10:56And it's scary.
10:57Most of all, because of what Japanese knotweed is
11:02and it devaluates the property.
11:05That's the scariest bit, actually.
11:08Yeah.
11:08I totally agree with you about,
11:10and I can see how scared you would be
11:12because Matt in the film says he thinks
11:14it's been there for possibly 10 to 20 years.
11:16And you've spoken to your neighbours.
11:18What have they said about it?
11:20One of the neighbours says it's been there for a year
11:22since they entered into the property.
11:24So, Gary, there's two ways they should,
11:27should have learned about it.
11:28The survey and also the seller's TA6 form.
11:31So, what happens now?
11:34Well, as you say, Naz and Anita had a survey.
11:37They had an RICS Level 2 survey.
11:40It used to be called a Home Buyers Report.
11:42It's not the most detailed survey,
11:43but it's a survey that's meant to flag issues
11:46that require further investigation.
11:48Now, surveyors are trained to recognise Japanese knotweed.
11:52This was the growing season.
11:54This was July.
11:55You would have thought that a surveyor would have spotted
11:58that there was Japanese knotweed
12:00either within the property or within the vicinity.
12:03It does seem to me that the surveyor has let down Naz and Anita.
12:08Now, the surveyor needs to put their point of view across,
12:11and that will happen in the legal process.
12:13But on the face of it, the survey was mistaken.
12:16And we've seen that no ticked clearly on the seller's TA6 form.
12:22That's a great concern.
12:23If the seller did no and decided to tick no,
12:27then that is, in legal terms, a misrepresentation.
12:30Now, misrepresentation has a specific legal meaning.
12:33It means that when you are negotiating a contract with someone,
12:37you mislead them in order to not put them off signing the contract.
12:42So, again, there's two potential legal claims.
12:45There's a legal claim against the surveyor,
12:47and there's a potential legal claim against the seller as well.
12:49You two have done exactly what most people would do
12:53and gone down all the right routes, haven't they?
12:56But the fundamental question, Anita,
12:58is would you have bought that house if you'd known about the knotweed?
13:02No.
13:03No, we wouldn't have bought it.
13:05Because knowing that this associated with what it can create,
13:09damage the foundations, bring the value of the house down,
13:13I wouldn't want to be burdened with the fact of the future.
13:15That's the crucial legal point on the misrepresentation.
13:19You would say, well, I wouldn't have signed that contract
13:21and bought that house if I'd known that there was knotweed.
13:25Exactly.
13:26I just want to pick up on another point.
13:28The knotweed is there, Gary.
13:30So, legally, do they have a responsibility to sort it out?
13:34Yes, absolutely, they do, Louise.
13:36It's defined as an invasive species.
13:38So, you have a responsibility not only to yourselves
13:41and your mortgage lender, but actually to your neighbours
13:43to not let it spread further.
13:46So, yes, there is a duty on you now to sort it out one way or another.
13:50And that's part of your legal claim,
13:52is there's going to be a cost to that.
13:54And so, what's the next steps for their point of view, Gary?
13:56Well, in terms of your legal claim,
13:59the next steps are for you to establish the cost of removal
14:02and also to establish the difference in the price,
14:06the value of your house with knotweed and without knotweed.
14:09And you need to follow that through with your solicitor.
14:12And I'm glad to hear that you've got someone looking after you in that regard.
14:15There's a lot to deal with, both of you.
14:17How do you feel?
14:18Initially, it was very scary.
14:20But now, after the reassurances that we have got through that survey
14:24and all the legal case going to be taken on now,
14:28at least find there is the light at the end of the conference.
14:32It's a knotty problem.
14:34Thank you very much indeed.
14:35I really appreciate it and good luck.
14:38Thank you, Louise.
14:39Thank you, Gary.
14:41Thank you very much.
14:42We contacted the other parties involved when Naz and Anita bought the house.
14:48We clarified it was sold by two family members on behalf of a deceased parent.
14:54One told us she had not personally visited in more than four years.
14:59She also insisted she'd never had a conversation with either her parents
15:03or a neighbour about the presence of Japanese knotweed.
15:07And she had stated on the TA6 form that she was not able to verify any information.
15:13We also tried to contact the other family member, but they didn't respond.
15:18The estate agency told us it was sorry to hear about Naz and Anita's situation
15:22and said it would review its processes to ensure they are as robust as possible.
15:28Meanwhile, Naz and Anita's solicitors said they are confident in the quality of the conveyancing
15:34services they provided.
15:36And the surveyor told us that during its inspection, the site was extensively overgrown,
15:41which made it extremely difficult to identify Japanese knotweed,
15:46regardless of whether it was during growing season.
15:49The survey recommended that Naz and Anita engage a qualified horticulturist
15:54to confirm that the site is free from invasive plant species,
15:58which the surveyor said was standard RICS homebio survey practice.
16:02And the same advice that would have been issued had knotweed been visible.
16:12Well, needless to say, we'll be keeping in touch with Naz and Anita
16:16to bring you an update on what happens next.
16:20But now it's time for our advice clinic.
16:21And today, personal finance expert Amy Knight is here to help Keith Hughes from Wrexham.
16:27How are you today?
16:28I'm very well, thank you, Laurie.
16:30As well as battling a bad internet connection during our call,
16:34Keith is also fighting his energy company, British Gas,
16:37after it increased his monthly direct debits to £780 a month.
16:44You must have gotten off a shock though, Keith.
16:46And what would your direct debit have been ordinarily?
16:49Around £70.
16:51Gosh.
16:51So, like, ten times greater.
16:55British Gas blamed Keith's smart meter,
16:57which it said hadn't been sending readings,
16:59so his bills were based on estimates.
17:02So, Keith, even though they were blaming the smart meter,
17:06how were you feeling about all of this?
17:08Because I know I would have been very frustrated
17:10being charged ten times the amount that I should have been.
17:13Yeah, very angry, very disappointed that every time I phoned them,
17:20I was told, we're working on the issue, we'll be in touch.
17:24And then ten days would pass and I would phone and I'd get the same message from a different Pfizer.
17:31And we were going round and round circles, given that we live in a small semi-detached two-bedroom bungalow.
17:38Even so, British Gas took a direct debit of £780 four months in a row, rather than the £70 a month he'd normally pay.
17:55My account is now around £4,000 in credit.
18:00They're saying it's until they've resolved the whole issue, they're not going to give us any money back.
18:06And how do you feel about that?
18:07Annoyed, disappointed is an understatement.
18:12Amy, what do you think of this whole thing overall?
18:15Legitimately, there are reasons why they can increase your direct debit.
18:18So, if the unit rate of energy goes up, or if you come to the end of a fixed rate deal,
18:24and you move on to a variable tariff.
18:26And it's really, really shocking that they've held on to this money for so long.
18:31Because actually, it's Keith's money.
18:33Absolutely.
18:33It's not their money.
18:34It's not British Gas's money.
18:36You should be able to withdraw money that's yours any time,
18:40provided you've got enough in there to cover at least one direct debit, which clearly Keith has.
18:45And sometimes there's a minimum period.
18:47So, you might need to be with that provider for, say, 90 days.
18:51Keith satisfies those conditions.
18:54So, I don't think there's any excuse at all.
18:56Well, obviously, Keith, we got in touch with British Gas.
18:59Now, it blamed a fault with his meter, which showed that his usage was higher than it really is.
19:04And that led to the high bill.
19:07British Gas has apologised to him for how long it's taken to review his account and says it will install a new meter,
19:14correct his bills, refund his credit and issue him with a goodwill gesture as well.
19:20So, how does that make you feel, Keith?
19:22I'm delighted to hear it.
19:24And thank you for intervening.
19:27I just think it's unfortunate that it's taking British Gas so long to get round to doing the right thing.
19:35Yeah.
19:35Keith, thank you very much indeed for coming to Rip Up Britain.
19:37I'm glad we were able to help.
19:39And thank you very much to Amy as well.
19:40Thank you both very much.
19:49If, like Keith, you're desperate for a company to get a move on and deal with your problem, then perhaps we can help.
19:56Drop us a line to ripoffbritain at bbc.co.uk or send us a message via WhatsApp on 033 0678 1321.
20:06You can, of course, get in touch through our Facebook page.
20:09Just search for BBC Rip Off Britain.
20:11And our postal address for anyone who'd much rather write is Rip Off Britain, BBC Media City, UK, Salford, M52 LH.
20:19Well, now coming up, I have to say, girls, I take my hat off to people who work really hard.
20:24You know, people in small businesses and everything.
20:27I mean, I'm not sure I work myself, but I do watch some people and I think they have to work hard for every single penny they make.
20:33So a service that offers to bring in new clients by applying a level of expertise that those small business owners simply don't have would seem like something of a no-brainer, especially if it promised to guarantee results.
20:47But despite those supposed guarantees, the small business owners in our next film are struggling to keep their business going because the experts they trusted to boost takings seem to have taken rather than given.
21:03Business is my baby, really.
21:05When I set this up, I really just wanted a few pounds on the side and then it's just grown.
21:12For Lindsay Watson from Worcestershire, running her skincare clinic is as much about her desire to help people stay healthy as it is about making a living.
21:22My passion has always been for health and preventative health and it's about that mental health and well-being as much as actually looking good on the surface.
21:35So what we're going to do now is do the dermaforce, the microneedling.
21:39Since setting up the business two years ago, she's built up a healthy client base, but she's keen to expand further.
21:46Running the business day-to-day can make it hard for Lindsay to put in all the work needed to bring in new customers.
21:56So when she saw an ad for a company that would do it for her, she was hooked.
22:01The firm, called Scaling Clinic, made some big promises on its website.
22:05They were going to do marketing, the videos, Facebook advertising, and it seemed to be risk-free because if they didn't achieve the results, then they would work free until they got to those results.
22:21Scaling Clinic billed itself as a growth partner rather than a marketing agency, promising training, coaching and support to generate what it called high-quality leads.
22:32The website was also full of testimonies from other customers who had great things to say.
22:39Lindsay was impressed, so she set up a meeting.
22:43They promised that they'd increase my turnover substantially, which I really like because I've got a big development plan.
22:49And I thought, well, this can really help.
22:52Scaling Clinic offered a four-month marketing campaign with bespoke ads which it guaranteed would increase the salon's revenue by at least 50% by the end of the contract.
23:05In fact, that wasn't the only mention of the word guarantee.
23:09The contract included so many, it felt to Lindsay that she really couldn't lose.
23:13So she signed up, paying £7,200 up front and budgeted a further £1,000 a month to cover the cost of placing the ads.
23:25At first, it sounded a lot, but with the guarantee, it didn't seem that unreasonable compared to marketing prices that I'd paid before.
23:35She told me that they would get actors in to do the videos, they were going to do a bespoke package, just tailored to my clinic and what I do, and it all sounded great.
23:48But it didn't take long for Lindsay to realise everything might not be quite as it seemed.
23:54First, rather than the paid actors Lindsay says she was promised, the unnatural features and stilted focal delivery of the woman in the videos strongly suggested it was generated using artificial intelligence.
24:09Wondering how some women always seem to look younger than you despite their busy lives, while you struggle with sagging jawline and wrinkles making you look and feel older than you actually are?
24:18I felt cheated that I was promised this amazing video that was going to really draw people in.
24:25The promise of actors never came to fruition at all.
24:31And soon, another of Scaling Clinic's promises failed to materialise.
24:37Lindsay had been assured high quality leads, in other words, potential customers in her local area who are interested in the type of services her salon provides.
24:47But Lindsay says the leads she got were far from high quality.
24:52I was getting the leads, but these leads weren't answering the phone, so we would do text, we would do WhatsApp, we would do email, and then we would do telephone call as well.
25:01The majority weren't even responding to any form of communication.
25:05And when Lindsay did get through...
25:08Some people were saying, absolutely not, I don't want any treatment.
25:12So at this point, I'm getting more and more frustrated.
25:16All the money was paid up front, the marketing costs were coming out every month for the Facebook ads, and I was getting no return on it.
25:23She says Scaling Clinic told her to give it time, but Lindsay was regretting ever doing business with the firm.
25:31However, that's not what Scaling Clinic was telling other businesses.
25:35One day, Lindsay's phone rang and she heard that Scaling Clinic was using her salon as an example of a real success story.
25:43How does that feel, Angela?
25:44The caller was Michelle Stead, the owner of a beauty clinic in Wiltshire.
25:50She, too, was growing disillusioned with Scaling Clinic after also handing close to £10,000 for a bespoke marketing plan that wasn't living up to the so-called guarantees that originally drew her in.
26:04Even though their services were more expensive, they were guaranteeing the five clients a week, and that was actually written in the contract.
26:12So, yeah, I felt, you know, what could possibly go wrong?
26:16But just like Lindsay, Michelle was given what appeared to be AI-generated videos and what she says were distinctly low-quality leads.
26:26They were from all around the country.
26:28We rung them, and they were definitely not within our local area.
26:33It just seemed like a waste of time.
26:36Michelle complained to Scaling Clinic, which, in an attempt to keep her on board, told her to call Lindsay.
26:42To hear how transformative its services could be.
26:46But that turned out to be a spectacular own goal, because the two women soon realised they'd both had the same disappointing experience.
26:55By this point, both women were so disillusioned with Scaling Clinic that instead of continuing with the remaining weeks on their contracts and spending even more money, they decided to leave.
27:05In the weeks that followed, they searched for other businesses who'd also signed up to Scaling Clinic and learned the truth about their so-called bespoke marketing campaigns.
27:15When we started comparing notes, we all had the same campaign, we all had the same videos.
27:22How are things going with our little group?
27:25Interestingly, last week was another busy week.
27:29So how many are in the group now, Michelle?
27:3114 of us, and I haven't found one person that's had a good experience.
27:36Together, Michelle and Lindsay's small family-run businesses have paid around £19,000 to Scaling Clinic.
27:44But both women say the company has generated zero returns.
27:49For me, it's obviously important to hold Scaling Clinic accountable.
27:54But also, a really, really important thing to me is, if I can save just one person from that happening, it'd be absolutely worth its weight in gold.
28:04Ultimately, what made me sign the contract was the promise, the plausibility, and it all seemed like it was a genuine opportunity.
28:17I'm cross with myself.
28:18I feel a bit of a fool.
28:24Well, to discuss all this, I'm joined now by business journalist Adam Shaw.
28:28Adam, welcome.
28:30And, you know, if you're a small business owner and somebody offers to guarantee you contacts and new clients, it's got to be tempting, hasn't it?
28:37I mean, Michelle herself said, a no-brainer.
28:41Well, absolutely.
28:42And if you're a small business, your speciality isn't advertising or social media.
28:47So it's completely natural that you'd want some help.
28:49If you look carefully, it says, we guarantee, quote, five new clients a week by the end of the project period.
28:58Wow.
28:59Extraordinary, yes.
28:59If you look a bit further down in the small print, it then says, scaling system will continue with the service after the project period at no additional cost to the client if within the project period the client does not achieve the agreed outcome.
29:13I think the average person coming to this contract would read it as a guarantee that this company is going to fix this problem.
29:23It's a powerful word, this guarantee word.
29:26Yeah, I was about to say, I mean, it was sprinkled liberally through the contract, wasn't it?
29:30But how good is a guarantee?
29:32It's only as good as the company backing that guarantee.
29:36When you're a small business, it's different, isn't it?
29:38When it comes to contracts like this, you don't have the same protection as an individual consumer would.
29:43No, we've had decades of consumer protection.
29:46And the key word here is consumer.
29:48It means individuals like you and me.
29:50It does not generally apply to businesses, even if they're one person businesses.
29:55And Michelle and Lindsay, who we were just hearing from, what can they do?
30:00They can argue that this was a service that wasn't provided as per contract, but to enforce that, they will have to go to a court.
30:09They may be able to go to a small claims court, but if someone is in breach of their contract, you can go to law and try and enforce it.
30:16Very good advice, Adam. Thank you very much.
30:49Scaling Clinic also claimed that the twice-weekly training offered to Michelle's team was poorly attended.
30:54However, Michelle provided us with evidence that she was told that she and her team no longer needed to attend.
31:01Scaling Clinic stressed its terms clearly state it needs a four-month period to get results, and that any guarantee is by the end of this period.
31:10But because Michelle and Lindsay terminated their contracts early, the promised results were not possible.
31:16The company says that the use of professional actors in its ads is not promised, and that AI is never ruled out.
31:25It said neither Lindsay nor Michelle raised concerns about the adverts before they went live.
31:31Despite Lindsay and Michelle being disappointed that their adverts were not bespoke,
31:36the company said the campaigns are tried and tested and proven to work in other parts of the country.
31:43Regarding Michelle's claim that she had not spoken to any clients who had had a positive experience with Scaling Clinic,
31:49the company insisted it had written statements from two clients proving otherwise.
31:55You know, sometimes we feature a story which prompts a deluge of emails into our inbox.
32:07And last year, that's exactly what happened.
32:09After we looked at one person's problems with potholes in our advice clinic.
32:13It was all about Patricia Rolfe in Chelmsford's struggle to claim for the cost of repairing the damage caused her car after hitting a pothole.
32:21And after it was broadcast, you told us about similar battles you'd been fighting all over the country.
32:28As you might imagine, since then, the number of pothole-related incidents and breakdowns in the UK have reached a record high.
32:34So very shortly, I'll be finding out all you need to know about how to claim if your car suffered damage from one of them,
32:40and what's being done in order to fix them.
32:42But first, here's a reminder of one of the first times we travelled down this particularly bumpy road.
32:49In January 2018, it was already being called a national embarrassment.
32:55Councils fix two million every year.
32:57An epidemic.
32:58The shudder of the wheels and the judder to the spine.
33:01Even a plague.
33:02And the state of Britain's roads was causing particular problems for driver Simon Peck and his wife Deidre.
33:08It had been pouring with rains, and we're just driving along at a fairly gentle speed, and there was an almighty bang.
33:16And Deidre and I looked at each other, you know, like, what the heck was that?
33:22And then when we got home, we found out that we'd got one flat tyre, one completely flat tyre, and one tyre that was going down.
33:29Simon had driven straight into a pothole, causing serious damage to his car.
33:33Both tyres needed to be replaced, and the buckled alloy wheel and damaged shock absorber needed repairing as well, landing Simon with a £400 bill.
33:44To lose £400 that you weren't expecting to lose.
33:48I'm 69 years old, so if your car isn't working for whatever reason, you're stuffed.
33:53Simon reported the incident to his local council, and was pleased when his workers came out and filled in the hole.
34:01Andy put in a claim to the council to claw back his £400.
34:05At the time, I didn't see any reason at all why I shouldn't have got compensation, because it wasn't my fault.
34:13The damage was to the road.
34:15They have a duty of care to make sure that the roads are safe.
34:18I even had photographs with the tape measure in the photograph, so that they could see the size that I was talking about.
34:26But to Simon's astonishment, the council rejected his claim, on the grounds that it cannot be held liable for damage from a pothole it had hadn't previously been aware of.
34:37And as Simon's incident was the first the council knew of this particular pothole, it was under no obligation to compensate him.
34:44I understand the predicament that all councils are in.
34:48They've got to make their budget go in all sorts of different directions, but it wasn't my fault.
34:53That's really the galling thing.
34:55But for drivers like Simon, there was hope that new technology would get the UK's roads back up to scratch.
35:02This specialist company uses spray injection patching to fill potholes more quickly and cheaply than has traditionally been possible.
35:10So far this year, we've filled over 300,000 potholes across the UK.
35:16Each of our machines is capable of laying over 200 repairs each day, which compares, it's probably about 10 times as many as a conventional guy.
35:24But, as I'm about to hear, those innovations have not stopped the pothole plague continuing to spread.
35:32Well, I can see you at home tearing your hair out, what you've got left of, because everybody's got a pothole somewhere in their region.
35:39Amy Knight, of course, is with us, so back once again.
35:42It seems to be getting worse, if anything.
35:44I read somewhere that, and this is England and Wales, I believe, that 3,122 reports per day.
35:51And I believe it's the highest in 2024, it's the highest for five years or something.
35:55Is that right?
35:56That's right.
35:562024, the highest number of reported potholes for five years.
36:00And in Britain, one in ten minor roads is now estimated to be in poor condition.
36:05Well, the frustration is so great that a lot of people are taking the law into their own hands and away.
36:11Have a look at this.
36:13This is the state of the road here where I am in Harlow.
36:17And it's been out of the place, and then the boys thought we'd come and do it ourselves.
36:22Good old Rod Stewart.
36:23He's out there shoveling away.
36:25I like that.
36:26The local council near Rod did complete the work shortly afterwards,
36:31but it warned people not to undertake road surface repairs themselves,
36:35as they might become liable for any future accidents.
36:39So, the question is, of course, why is nothing being done about it?
36:42Well, councils hopefully will start to respond a little bit quicker
36:45now that there's additional investment coming through from the government.
36:49We've got £1.6 billion dedicated to local roads in the current tax year,
36:54and £4.8 billion for motorways and A-roads, which was announced in the autumn budget.
37:00And in the spending review in June 2025, Chancellor Rachel Reeves promised £24 billion will be spent by 2030,
37:08and that will be split between the national highways and the councils.
37:12The thing that's going to make a real difference on this pothole plague is the fact that councils are now going to be asked to report how many potholes have been declared in their area and how many of those they've actually put right.
37:25It'll no doubt take a while to spend that money and fix the potholes.
37:30So, in the meantime, I want to quiz Amy on your rights.
37:35Jill Bryant says, this is a picture, she said, of the pothole that she hit.
37:40Now, she said it was full of water at the time.
37:42She didn't actually see it.
37:44But when she got in touch with the council for compensation,
37:46she was told that because the pothole had not previously been reported,
37:51and when the road was inspected some months earlier, there was no pothole.
37:55So, what are the rules here?
37:56I mean, is it your word against theirs?
37:58This is really tricky.
38:00You have to have evidence that the pothole has been previously reported.
38:03If it has not been reported, be the one that goes online to report it.
38:07Otherwise, the council can say,
38:09sorry, we didn't know about it and that's why we didn't fix it.
38:12Then you collect your evidence.
38:13Now, obviously, you need to do this safely.
38:16So, when the road is quiet, go and take pictures of the pothole.
38:19You can take pictures of the damage to your car.
38:21Save all the invoices and receipts for any costs that you've incurred.
38:26Due to the varying values of vehicles,
38:29there is no fixed levels of pothole compensation.
38:32But Amy says there are some tools to help your claim.
38:36There's something really helpful on the RAC website.
38:39They've partnered with an organisation called Fix My Street.
38:42And there's a tool there on the RAC website
38:45where you put in the postcode of where the pothole is
38:48and it can help you find out which organisation you need to refer that claim to.
38:53So, using this tool, putting in the postcode will show you,
38:56right, who do you actually need to send this compensation claim to
39:00if you're trying to get some money back.
39:01And when you're reporting the pothole, it can also show you
39:05which other road defects have been reported already on that postcode.
39:10Just a final question about insurance, about car insurance.
39:12Will they automatically cover pothole damage?
39:15Not every policy.
39:16It is something that you need to check.
39:17And if you live in an area where potholes are particularly rife,
39:21then I would suggest fully comprehensive and checking for the data
39:24to make sure that potholes are included.
39:27Now, we're going to put all those tips on our website
39:29that Amy's been talking about, and thank you very much.
39:32And the website address is bbc.co.uk slash ripoffbritain.
39:36Thanks, Amy.
39:42Well, now, Amy and Gary are back to answer more of your questions.
39:46And we're going to start with you, Gary.
39:47This one is from Anita Brittain.
39:49She says she purchased diet patches online for £29.99.
39:55They were advertised with a 30-day hassle-free money-back guarantee,
39:59so she decided to buy them.
40:01She found they simply didn't work on her, so she asked for a refund
40:04and was surprised when the company refused, saying results can vary.
40:09Where does she stand?
40:11Well, under the Consumer Rights Act, of course,
40:13anything you buy as a product or service should be as described.
40:16They made it a specific contractual term
40:20that she would have a 30-day guaranteed return policy.
40:24So they actually took it beyond the Consumer Rights Act.
40:27So should she just go back and argue with them on those terms?
40:30She absolutely should.
40:31Refer them to the no-quibble return that they promised.
40:35That was a contractual promise at the beginning of the contract.
40:39Amy, let's put this one to you.
40:40Mark Cole says he's having an ongoing issue with the retailer
40:43and a courier company after ordering a couple of pairs of swimming trunks.
40:47He got a delivery notification showing the parcel had been delivered,
40:50but you guessed it, not to him.
40:53The courier suggested he knock on doors to locate the package,
40:56which he did, but with no joy.
40:58And the retailer is refusing to refund.
41:00What can he do about it?
41:01Now, how Mark paid and how much he paid matters.
41:04If they are fancy pants trunks and he's paid more than £100 on a credit card
41:10and he's covered under Section 75 of the Consumer Credit Act
41:14and the bank will simply get that payment reversed.
41:17If he's either used a debit card or the transaction is less than £100,
41:22then it's chargeback he wants to use.
41:24That can work on credit and debit cards.
41:26And interestingly, from the business perspective,
41:30it costs them a lot more in fees to use chargeback
41:34than if they'd just given him a refund when he asked for it.
41:37So he could send a follow-up email informing them
41:40that he's going to claim for chargeback
41:42and see if that spurs them into action.
41:44Perfect, thank you.
41:45So there it is. Now he knows.
41:46Well, now, Gary, Paula Halloran wrote in
41:49after having warning messages appear on the dashboard of a brand new car.
41:54The manufacturer took it in for repair
41:55but has now had the car for nearly five months
41:59whilst they try and repair the fault.
42:01Meanwhile, she's paying the monthly finance on it.
42:04So what are her rights?
42:06Well, the time frame you mentioned, Gloria, is really important
42:08because for the first 30 days after a purchase,
42:12if there is a fault, you do have the right to reject the goods
42:16and either ask for a full refund or a replacement.
42:19So this occurred within the first 30 days.
42:21So she should be actually saying to the car company,
42:25the car retailer, the garage,
42:27actually, I want to either have a completely different brand new car
42:31or I want all of my money back.
42:34Now, in the meantime, with the car finance company,
42:37I would give them a call and actually let them know what is happening.
42:41You know, tread carefully there
42:42because that is a separate legal arrangement
42:44that she has with the car hire company.
42:46But if they're reasonable,
42:47they may let her kind of have a payment holiday
42:50until all of this is resolved.
42:52I hope she gets the results.
42:53Absolutely.
42:54Well, there you have it.
42:55Such a lot of advice packed into today's programme
42:58from who to complain to if your energy company isn't fixing a problem
43:01to your rights to compensation after hitting a pothole.
43:05If you've missed any of that, don't worry.
43:07You can catch up on today's programme
43:09and many more on BBC iPlayer.
43:11Well, I'm afraid that's where we have to leave it for today.
43:13But thank you very much indeed for being with us.
43:16And from all of us on the Ripper Britain team,
43:18bye-bye.
43:19Goodbye.
43:19Goodbye.
43:19Bye-bye.
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