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Archives for November 2011

Contracts confusion

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X-Ray production team X-Ray production team | 16:54 UK time, Monday, 28 November 2011

X-Ray's discovered new rules mean we should all be double checking the small print on our gym contracts.

The gym Nigel became a member of

It's something Nigel Phillips wished he鈥檇 done when he went to visit the Glamorgan Health and Racquet Club recently.

He told X-Ray after walking around the gym, pool and courts he was really impressed: 鈥淎 friend at work he was a member there and he just encouraged me to come along and have a look, he got a free pass for me.

鈥淚t was very nice it looked very family orientated very nice.鈥

And he said the price wasn鈥檛 bad: 鈥淚 think it worked out to be about 拢12 a week. He told me that would be the gym and swimming pool and that my children could go for free.

鈥淵ou usually might feel approached, hard hit on for the hard sell, but not in this case [the salesman] was quite friendly and quite chatty just like one of the lads.鈥

Nigel says he was told the contract would last for two years but he could cancel at anytime if he gave three months notice. So he signed on the dotted line there and then, 鈥淗e explained everything to me, the fact, he underlined the three month contract bit, but if you wanted out as long as you phoned up and gave three months notice you could just pull out.鈥

But the next time he decided to take his children swimming, expecting it to be free, it didn鈥檛 go as planned. Nigel said they wanted to charge him, 鈥淚 did ask at the desk one day about taking the children swimming and I think was told it would cost another 拢7 each to go swimming. I'd already been told they were free.鈥

Then a week after he鈥檇 signed the contract, a copy came through the post. But what landed on the doormat took him aback. He discovered that the small print said that in fact he couldn鈥檛 leave before his two years were up, even if he gave them three months notice.

If he had to cancel before the two years were up he would have to shell out nearly 拢1,400 to pay off the remaining contract. Seeing as he鈥檇 only been six times so far 鈥 that would work out at 拢230 a visit.听

Feeling misled, Nigel told X-Ray he telephoned the gym to cancel and stopped his Direct Debit payments. But then the letters started arriving. As he told Rhodri Owen, 鈥淒ebt recovery agencies were getting in touch with me and telling me I'd owed this much and if I didn't pay it, it would go further and court proceedings would start.

鈥淚t's not nice having anyone demanding money from you and threatening you with court so it wasn't very pleasant at all.鈥

X-Ray took a look into the legalities of gym contracts. Virgin Active who now own the gym Nigel signed up with didn鈥檛 have the legal right to enforce his contract due to a legal judgement earlier this year.

We鈥檝e discovered that back in May, the High Court investigated a company called Ashbourne Management who wrote contracts for 700 gyms across the UK. The judge ruled that most of their contracts were unfair - partly because they tied people in for more than 12 months. And because they weren't fair they weren't enforceable.

That ruling means that Nigel would just have had to pay for 12 months to get out of his contract not the full 24.

We spoke to consumer law expert, Margaret Griffiths to ask for her take on the situation. She told X-Ray, 鈥淲hat it now means is that anyone who has a contract that ties them in for more than 12 months is now in a position to challenge that term as being unfair and they can cancel after 12 months as long as they give notice.

鈥淥f course it doesn't necessarily mean that gyms will have known straight away of the ruling but certainly this particular gym knew in September and so there really is no justification for them not having resolved the matter then, when they what the new ruling was.鈥

We decided to find out what the picture was like across the country. X-Ray telephoned all the major chains of gyms and found they were all following the new guidelines. But when we rang 30 independent gyms, six were still selling contracts tying customers in for longer than a year.

Virgin Active, who took over all Esporta gyms in July, have responded to Nigel's complaints. They say they're sorry he felt misled when entering into the contract and all Esporta staff have now been re-trained to make sure memberships are sold accurately and honestly.

And Virgin say they've cancelled Mr Phillips' membership and cleared all the outstanding payments. They've also been working with the debt collection agency to ensure other members on Esporta two year contracts don't have the same problems.

As ever X-Ray鈥檚 advice is to read the small print before you put pen to paper.

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Boiler woes

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X-Ray production team X-Ray production team | 16:45 UK time, Monday, 28 November 2011

This winter we鈥檒l all be turning up the heating to stay warm.

But X-Ray viewer Celia Smith from Crymych had no idea her elderly father鈥檚 boiler could be putting his life at risk.

In February 2009 Celia spotted something called the Home Energy Efficiency Scheme, run by the Welsh Assembly Government. It made buying a new boiler affordable.

In 2009 the scheme was being run by a company called EAGA, who are now known as Carillion Energy Services. And to get a new boiler installed Celia said her father had to put some money towards it as well, 鈥淲e thought it would be safe and well worth while, and it should have been something wonderful for him really.鈥

After the boiler had been fitted in early 2009, an inspector noticed a problem with the electrics that someone needed to come back and fix. But no one ever went back. It wasn鈥檛 until July this year, when Celia鈥檚 dad broke his hip and needed to move into a home that they found out there was a serious problem with the boiler.

An electrician came to check the house before a new tenant was due to move in, and he had some shocking news for Celia. He鈥檇 discovered that the boiler hadn鈥檛 been earthed 鈥 meaning it had been left in a potentially very dangerous condition for over two years.

Celia told Lucy Owen she was horrified, 鈥淚 really was, because it could have killed my dad, it could have killed any of us, it鈥檚 just ridiculous.鈥

We asked John Williams, who鈥檚 an electrical lecturer at Coleg Sir Gar, to explain what could have happened. He told us, 鈥淭he earth is part of your safety circuit, so if any fault occurs the fault current will travel through the earth and back and operate the protective devise - cutting off the electric.鈥

He said leaving a boiler unearthed is extremely dangerous and could be fatal, 鈥淚 find that astonishing, a very dangerous situation, in the case of a fault now [there鈥檚] nowhere for electric to go.

鈥淎ll the metal work of that boiler or any metal attached to that boiler like the hot water pipes, the central heating pipes, the radiators, all have the potential to become live.鈥

After getting the boiler fixed independently for 拢460, Celia got in touch with Carillion, who now own EAGA, seeking a refund of the original 拢650 her father had paid for the boiler, and for the cost of fixing it.

They told her to get in touch with British Gas, who now run the Welsh Assembly鈥檚 scheme. But British Gas say that Carillion remain liable for work done before the 1st April this year.

Celia says it鈥檚 been frustrating, 鈥淚 was just passed around from pillar to post, and nobody cared. I tried to contact someone to come out, and I was just sent around for days weeks and months on circles on the phone.鈥

X-Ray wanted to know if there was a possibility that other people鈥檚 boilers, installed under the scheme at that time, could have been left in the same state.

Carillion have told us that all heating works were independently inspected and quality checked and that on this rare occasion, the remedial works that were identified and needed on Mr Thomas's boiler, were not carried out as specified. And the company doesn't believe that the problem could have been repeated in other homes.

Carillion has now offered to pay Celia 拢650. They've also apologised that on this occasion the service levels did fall short. British Gas have also offered 拢350 as a good will gesture.

Celia says the whole experience has left her feeling angry, 鈥淎ngry, very angry, that they put my father, a vulnerable old man in such a dangerous position.鈥

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Where is David Foster?

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X-Ray production team X-Ray production team | 16:54 UK time, Monday, 21 November 2011

People investing in a new bathroom often ask their supplier for a recommendation of a good tradesman to install it, but customers who say Bathstore in Bangor recommended local fitter David Foster have been left bitterly disappointed.

Des Hunt from Anglesey bought a suite from the shop in May last year. He says he was told David Foster was a good fitter who could do all the work he needed. A portfolio of Foster's work was available at Bathstore, with pictures of him apparently hard at work in other customer's homes.

Customers have been unable to contact David Foster

Customers have been unable to contact David Foster

Having agreed what needed to be done, Des handed over a 拢200 deposit and Foster started the work, with payments from Des as the work progressed. Soon he'd handed over an additional 拢1,500. But there were problems as Des had to question the standard of workmanship.

Des showed Rachel Treadaway-Williams video footage of the problems he says were caused by Foster. Des described how leaking tanks in the loft left damaged ceilings, and a brand new bath was scratched and poorly installed.

When Des tried to contact David Foster to sort the problems out, he says he had a phone call from Bathstore to say David Foster wasn't coming back to the job. Des returned to the store to discuss the problems he'd experienced and says he was told Foster would be taken off the "customer recommended" list of fitters Bathstore provided.

But months later, when John Butcher wanted to renovate the bathroom at his family's cottage near Beaumaris he was also given Foster's contact details.

The work would cost 拢5,500 and was due to start while John's family were away on holiday, so John paid 拢4,500 for Foster to get the bulk of the work done before he would oversee the finishing touches.

When John tried to contact Foster to make sure everything was on track he couldn't get hold of him, and after calling Bathstore he was told Foster had ceased trading. John says, "I felt increasingly angry."

Another customer who handed over money after he got Foster's name from Bathstore this year was Joe Large from Caernarfon, who wanted to have an en suite fitted. He was shown the same portfolio of David Foster's work that Des Hunt had seen the year before.

Joe says, "It was very complimentary and we were quite happy." Joe paid Foster a cheque for 拢950 in advance for materials but when the date to start work came, there was no sign of David Foster.

Joe spoke to John Eden Jones from Gwynedd Trading Standards, who tried to contact David Foster to resolve the issue. John told Rachel, "When he telephoned me he was quite aggressive, he implied all this was down to Joe, that it was Joe's fault, a number of appointments had been made for the work to commence and Joe had broken these appointments."

John told Rachel that Foster could be in breach of contract under the Supply of Goods and Services Act as the work hasn't been done, and there could be a criminal breach under doorstep selling regulations as Joe wasn't given notice of his right to cancel.

He added that there may be issues against Bathstore under Consumer Protection Regulations if it was shown they had recommended Foster.

In an interesting twist, David Foster has registered the name B&Q Home Improvements Limited with Companies House, and unsurprisingly the real B&Q aren't happy about it. They've asked Foster to change the name of his company, and they're referring the matter to a tribunal.

Rachel visited several properties Foster has been linked to recently, but he's moved on from the address he registered his businesses at in Colwyn Bay, and the other properties in Llandudno and Old Colwyn are empty.

Companies House say it's a civil offence to give false information to Companies House, or to fail to inform them of significant changes. They add, "As a result of information provided by X-Ray we are already in the process of writing to the companies concerned to clarify their proper home and registered office addresses. A failure to respond appropriately or to correct defective information can result in a fine."

Bathstore insist they made it clear to customers that they don't recommend any individual fitter and advised people to make their own checks as Bathstore wouldn't be liable for any problems between a customer and contractor.

They've confirmed Foster was temporarily removed from the customer recommended list of fitters last year following a complaint, but he was then reinstated as they weren't able to substantiate it. But he was taken off their list for good in August this year after they received more complaints about him.

Weather firm causes a storm

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X-Ray production team X-Ray production team | 16:31 UK time, Monday, 21 November 2011

PV Solar Solutions has been described as one of the UK's fastest growing solar energy companies - and they've just started sponsoring the weather on S4C.

But the Cardiff-based firm didn't bring much sunshine into the lives of Bryan and Lynne Lewis from Bridgend.

The retired teachers were keen to go green - and save some money - so they signed up for a system costing 拢10,900. They paid a deposit of 拢2,725 at the beginning of August.

But they were concerned about the surveyor when he turned up two weeks later. Bryan told X-Ray: "When he came in he didn't know where north, south, east and west were - which I thought was pretty critical with solar panels."

Lynne added: "In the end he sorted himself out and worked out where north, south, east and west were, but he was just a bit bumbly and made us think, what are we doing here?"

Solar panels and equipment

Solar panels and equipment

Experts who have seen the survey, and the calculations made by the salesman, have told X-Ray they were not detailed enough for the complex system the company had sold to the couple.

Bryan and Lynne were also concerned at apparent delays in installing the panels. They say they were told verbally that the system would be in place by the end of August. But by then the company had not even applied for the permissions necessary to carry out the work.

It took them nine weeks to put in a valid application - although they claim an earlier application had gone astray. They also say they never gave the couple a time scale for installing the system, even though the industry's customer code insists they should have done this.

The couple say they lost faith in the company and they wanted their money back - so they rang managing director Paul Hughes.

Bryan said: "He flatly refused and said you are not having your deposit back, which we were very angry about."

After X-Ray got in touch with the company they said they agreed to return the deposit, but insist they had done nothing wrong. In a statement issued through their lawyers they say this was a "gesture of goodwill."

When X-Ray asked them about the quality of the survey the they said they had intended to visit the house for third time to make a full assessment of how the system would work.

They say the surveyor was never unprofessional, but they do say that the legacy of heavy industry in south Wales means that compasses are not always accurate.

They also say they pride themselves on the service they provide and are striving to be a market leader.

The wrong photos

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X-Ray production team X-Ray production team | 16:05 UK time, Monday, 21 November 2011

A bargain makeover, a photo shoot and a free photo is an offer that is too good to pass up - but Welsh customers have been finding that the offer is not all it is cracked up to be.

Since the summer we've heard from women across Wales left disappointed by a trip to New ID Studios. But while previous viewers complained about pressure selling on the day, for one viewer from Tonyrefail the problem was getting her pictures.

Sian Morris' husband bought her and friend Susan Thomas a makeover package and photo shoot from New ID Studios and she was keen to make the most of it.

She says: "My mother's 80th birthday was coming up in the next few weeks. I thought buying an album would be a lovely gift for her."

Sian booked her day and paid two 拢25 deposits upfront. She was also sold a 拢100 photo package which would double to 拢200 to spend on the day.

The friends both enjoyed the shoot. When it came to pay Susan bought two extra photos and Sian ordered 90 in total, including a large photo album for her mother and five smaller ones for family gifts.

Sian spent a total of 拢1,399. She says she made it clear that everything needed to arrive by 2 October, 47 days after the shoot.

"They said they would be three weeks at the longest and I was told in Cardiff that they would all come on the one day," she says.

But the packages came on five separate occasions and the photo albums did not arrive in time for the birthday present. Eventually the album she ordered for her mother arrived on 10 October, eight days too late.

Sian says: "I broke my heart over it, I told my mother that I had a special present for her but it didn't come. I had to just get her a box of chocolates and a bottle of wine."

And to add insult to injury, when Sian examined the rest of her order she discovered some of the photos weren't even hers.

"56 of the photographs are not mine; they're somebody's wedding photographs. I just couldn't believe it. Who they are I couldn't tell you but I'd love to find out, and I'd love to know if they've got my photographs. I was just speechless, not having my photographs after all the money I've spent. I didn't know where to turn."

New ID Studios say they can't find a reasonable explanation why the wedding photos were included in Sian's delivery. They apologise and are investigating. They also say they should never have promised a delivery by 2 October.

They will be following this up with staff to ensure it doesn't happen again.

Although they won't refund Sian her 拢1,399, they have offered her and Susan a second photo shoot.

Mr Windows

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X-Ray production team X-Ray production team | 17:06 UK time, Monday, 14 November 2011

Mr Windows' factory in Ely

Mr Windows' factory in Ely

When a Cardiff-based windows business went bust last month, Simon Matthews and his partner Kay Jones thought their 拢3,000 deposit on a brand new conservatory had disappeared with the company.

So they were a little puzzled when it appeared to be business as usual at the Mr Windows鈥 factory in Ely.

Simon and Kay moved in together early last year and have been busy almost gutting their house since, including buying a brand new conservatory.

Kay showed X-Ray round their new home, "[It鈥檚] a bit of a building site at the moment. [We wanted] a nice wide [conservatory], right the way across the back of the house. Somewhere we could sit and enjoy and chill out in the evenings."

And so in June last year Simon asked Mr Windows for a quote. Salesman Mark Rabbiyar came round and they agreed a price of 拢15,400, with Simon handing over a 拢3,000 deposit.

With so much other building work going on, it was another year before Simon and Kay were ready for the work to start on the conservatory. Little did they know there was one potentially huge problem about to rear its head.

In Simon and Kay鈥檚 garden lies a manhole cover with a deep drain running below it. And it鈥檚 underneath just where the base of the conservatory was due to go.

But as Simon told X-Ray they had presumed all was well when they signed up to the contract, "They [Mr Windows] advised it was easy to move. They advised it was something they could undertake within the costing of the job they'd priced.

"All he did was he looked at the surface of the drain [and] taken a photograph of the drain."

Twelve months after handing over their deposit they were ready for work to start and so two subcontractors were sent round to Simon and Kay鈥檚 house. But when they lifted the manhole cover they went straight back to Mr Windows to tell them just what a massive job they were dealing with.

For the next two months Simon and Kay went back and forth to Mr Windows to try and find out what they were going to do. Simon told us, "We never felt we were getting a conclusive answer from them. We asked them time and time again. How are you going to move this drain? How are you going to construct it? How are you going to build it and where are you going to move it to?"

And so they asked independent surveyor Tim Davies to take a look. Tim told X-Ray he believes Mr Windows weren鈥檛 prepared for what was lying underneath that manhole cover. He said, "It is quite unusual to have such a deep drain like this in the back of a house. It's actually over seven feet deep. It's a very deep inspection chamber.

"[It would be] very difficult [to move it]. A lot of work involved with it, costly as well. Not a simple undertaking.

"I'm quite shocked that they didn't simply just lift the inspection chamber lid off, which is an easy thing to do, and look down the hole [before quoting]. They would have seen it was a deep drain."

But then disaster struck. The very day Simon and Kay received Tim鈥檚 report, a devastating letter came through the post telling them Mr Windows had gone into voluntary liquidation.

Simon told X-Ray it was dreadful, "The world just came from around you. It was absolutely dreadful. I had an awful lump in my tummy. The main thing was I had to ring Kay and tell her news, that we'd lost money. I don't even want to go down that route again".

But to add insult to injury, X-Ray鈥檚 investigations have found out that while Mr Windows was wound up voluntarily on October 13th - exactly a month before that a new company had been set up. This one had the rather similar name of Mr Windows Doors and Conservatories Ltd, was based in exactly the same place as the old one, with same phone number and the same person managing it.

Simon said it was heartbreaking for them to find out, "It just makes it even more upsetting. It makes it even more annoying that they are allowed to do this. That they're allowed to take people's money, hard-earned money, and basically go into liquidation and then set themselves up under a very, very similar name."

X-Ray has also learnt that Mr Windows (Cardiff) Ltd wound up owing more than a quarter of a million pounds - and even if all the company's assets are sold, that still leaves a shortfall of 拢113,000 owed to more than a dozen suppliers and other creditors.

But where does this leave Simon and Kay? X-Ray spoke to Tim Pryce-Brown a specialist from the University of Glamorgan in company law. He told us, "In setting up this second company, I believe that they've placed themselves as directors at risk of being made personally liable for the debt because I think that a court would look at it as a sham or pretence."

Legal action then seems like Simon and Kay's best hope of getting their deposit back. But that depends on a court ruling in their favour against the director of the original Mr Windows Cardiff. Simon said, "We feel that we've been robbed, we feel we've been let down in every way possible. We find it very difficult how a company like that and their representatives, with all due respect, how they can sleep at night."

X-Ray has written to Mr Windows and its owner Mohammad Rabbiyar.

They鈥檝e issued a statement denying the experienced builders they sent to move the drain at Simon and Kay's property were unable to do the work - they say it was the couple's request to re-site the drain to a particular place in the garden, which would have required intensive work which caused the problem. They say there was no need to check the manhole cover until the work was about to start.

They add that there were various attempts at compromise but they all proved unsuccessful, and they point out that Simon and Kay's request for their deposit back was made after the cooling off period.

They also say that going into voluntary liquidation wasn't an easy decision. They decided to liquidate that company owing to financial difficulties and start up and new company, Mr Windows Doors and Conservatories Ltd so that they could honour all the contracts and keep some of their staff in work.

Mr Windows(Cardiff) Ltd and Mr Windows, Conservatories and Doors are not in any way connected to Mister Window Company, Neath.

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Down the pan

X-Ray production team X-Ray production team | 16:45 UK time, Monday, 14 November 2011

Cregennan Lakes
For some people, like the elderly, pregnant women and parents with young children, public loos are more than just a convenience 鈥 they鈥檙e a real lifeline.
Rhodri met a group of local people in Tywyn, Gwynedd who all think it鈥檚 important that there鈥檚 a place to spend a penny nearby.

鈥淎s for the elderly and disabled groups, public toilets are a necessity,鈥 explained Delwyn Evans, who is chair of the Meirionnydd Access Group. 鈥淧eople plan their journeys around the toilet stops and if the toilets aren鈥檛 there or locked then they鈥檙e unable to go out.鈥

Gwen Stephens from the South Meirionydd Older People鈥檚 Forum agrees, 鈥淚t鈥檚 a great shame that they have to be housebound because of a shortage of toilets. For a lady, it鈥檚 very embarrassing if you need to go to the loo and there鈥檚 no where to go.鈥

As a pregnant woman and mum of a toddler, Carole Roberts says it鈥檚 vital that they鈥檙e able to find a toilet at a moment鈥檚 notice. 鈥淚鈥檝e got a two year old son who I鈥檓 potty training so I don鈥檛 really want to stop on the high street or the beach and get the potty out so it鈥檚 very important that we鈥檝e got somewhere we can quickly access.鈥

However, the British Toilet Association estimates that in the last decade there鈥檚 been a 40 per cent decline in public toilets across the UK and there鈥檚 no law forcing local authorities to provide them.

The Welsh Senate of Older People say they鈥檙e worried that with councils facing tough spending cuts Wales鈥 remaining toilets could soon start disappearing from our communities. To try and stop this from happening they say they鈥檇 like to see a statutory duty placed on local authorities 鈥 forcing them to provide public toilets.

Louise Hughes has been fighting to halt toilet closures for years and is so passionate about the subject that last year she cycled 153 miles from Tywyn to Cardiff Bay to raise awareness of what she says is a 鈥渟evere lack鈥 of public toilets.

鈥淚t all started about three years ago,鈥 Louise explains. 鈥淚 saw an old lady on the street in Tywyn in floods of tears and it turns out she鈥檇 wet herself. I thought this isn鈥檛 right. This could be somebody鈥檚 mother, somebody鈥檚 grandmother and she鈥檇 lost all her dignity.

鈥淭he way things are going there are going to be no toilet鈥檚 left and in rural areas it hits us hardest. In urban areas you have businesses and caf茅s that you can pop into if you鈥檙e desperate but we don鈥檛 have that alternative here.

鈥淲hen toilet blocks are closed it doesn鈥檛 stop people needing to use them. You鈥檝e still got to go and that鈥檚 when people start to improvise 鈥 which is vile.鈥

At the nearby Cregennan Lakes Louise showed Rhodri what can happen when people are left with nowhere to go, 鈥淧eople come here because it鈥檚 so beautiful,鈥 says Louise. 鈥淭hey spend the day here and have a picnic and the toilet block鈥檚 closed so they improvise. It鈥檚 absolutely dreadful, the smell in the summer is awful. But there鈥檚 no toilet so what are people supposed to do?鈥

The National Trust says it can no longer afford to maintain the toilets and the nearest ones are now two miles down the road. A spokesperson said: 鈥淎s a charity we have to be very careful and practical about how money is spent, and unless the cost of running the toilets could be covered by those using the car park we simply cannot afford to keep them open.

鈥淭he closure of this facility, however, should be no bar to people continuing to enjoy this stunning part of Wales as there are two public toilets nearby, one two miles down the road and another four miles away in Dolgellau.鈥

Vanessa Phillips from the Welsh Local Government Association, which represents local authorities, says it's a very difficult time for councils as they are having to manage cuts to their budget, "If a council does choose to close a toilet then there are alternatives. Community groups can volunteer to manage the toilets. There's also the community grant scheme where councils can pay businesses to open up their toilets to the public.

鈥淏ut councils are having to make cuts and the reality is that some services aren't going to be there anymore."

On Wednesday (16 November 2011) the Welsh Senate for Older People will be holding a rally at the Senedd in Cardiff Bay calling for a new law which would force councils to provide public toilets.

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Wedding woes

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X-Ray production team X-Ray production team | 16:12 UK time, Monday, 14 November 2011

One Newport couple's dream day turned into a nightmare when delays to their wedding meal left guests hungry and unsatisfied.

When fireman Brian Amos proposed to Tracey Fowler they were keen to turn the day into a big celebration.

After a difficult year which saw Tracey recovering from a mild stroke, the wedding day was something that the couple were both putting all their energies into.

Tracey says she was looking for a fairytale day. She told X-Ray, "That's what I was hoping for, my family to all be together, and a lovely day, all my friends, a lovely husband, our three children and a fairytale."

The Burleigh Academy in Newport

Brian and Tracey wanted to get married at the Burleigh Academy in Newport, a converted church which now is used as a performing arts school and a venue for parties and weddings. It was a place that held very happy memories for the couple.

"It's where we met," Brian said, "It's a special place, it's a beautiful venue, as such and it was just a no brainer really."

And the venue's owner, Sarah Lucas, promised the couple a dream wedding.

Tracey said, "She made me feel it would be the best wedding ever, I'll make your day special. She knew I'd been ill and she was quite excited, really excited for us."

As the wedding drew near the couple paid Sarah in cash - as she had asked - paying just over 拢3,000 for the venue and staff and the rest, nearly 拢4,000, to cover food and other costs.

And, as is traditional for most brides, on the day Tracey turned up a little bit late. But that's where the problems started.

Tracey showed X-Ray proof that she arrived at the church just 14 minutes late, but when she got there she says she was told there was no time to have photographs before she got married.

After the service the couple were keen to celebrate their marriage with their friends and family and after coming back from photographs they were looking forward to a West Indian feast they had ordered, to honour Brian's Caribbean roots.

While the guests all sat down to eat at 2.30pm, some were left waiting and waiting for their main course.

Brian said, "I mean this was over a period of time, it wasn't just over starter and then there was a slight delay. This was somewhere between two and three hours after we'd sat down to have our main course."

Tracey says her sister was told the hot plate had been broken and that was why there was a delay on the food.

Brian said, "It descended into chaos actually, because people were saying - well three people on the table had been served their main, some people had been served coffee without having had a meal. Some people had vegetables but the gravy had gone because it was cold, it had come back boiling hot but then the vegetables were cold.

鈥淭here seemed to be no coordination in the way the food was delivered at the table."

Some guests were kept waiting so long for their meals that they decided to pop to the local chip shop - not quite the wedding meal that Tracey and Brian had planned.

And because the meal was so late there wasn't time for all the speeches. The father of the bride, Derek Pratt, never got a chance to toast his daughter.

Derek told X-Ray, "I wanted to wish them all the best and everything and I was disappointed I couldn't say that."

The reception left the newlyweds deeply disappointed. Tracey said, "Well I didn't want anyone to see that I was upset just fighting back the tears really, and just thinking in my mind, this is not going to spoil our day."

The couple returned to the venue the next day to complain and Sarah offered them 拢475. But it was a figure they were unwilling to accept.

Brian said, "I was disappointed in that she said she hadn't slept and that she realised she hadn't provided the service which she said she would, remembering of course she said this is going to be the best wedding ever."

Sarah Lucas then said she'd reconsider. But when the couple met her again she told them she wasn't prepared to offer anything.

Brian told us, "Basically we met and she denied everything, she's saying that she's offering us absolutely nothing."

When we first contacted Sarah Lucas about the problems with the meal she said these issues needed to be addressed to the caterers, a Pentecostal Church in Pill, who she said the couple had booked themselves.

But the ladies at the New Testament Church of God, tell a different story - they say they've never even met the couple. Sarah's letter to us also says the caterers blame the food problems on the wedding couple's late arrival at the reception.

X-Ray consulted consumer law expert Margaret Griffiths who told us Sarah was wrong to says she doesn't hold responsibility and to blame the church, "She is responsible for this鈥, Professor Griffiths explained. 鈥淲hen you book a contract for the provision of the service, it is the person with whom you actually book it that is responsible.

鈥淚n this instance of a wedding breakfast she can subcontract the catering to someone else - she might have subcontracted provision of flowers or some music or whatever - but at the end of the day, the customer's contract is with her and she is responsible for it." 听

Sarah Lucas got back in touch and she said the bride was 35 minutes late and there was a slight delay before the food was served to guests...and only a few meals were cold.听

She told X-Ray that an evening buffet for two hundred and thirty was also served and she says the guests enjoyed this immensely.
But she is still willing to offer a refund of 拢475 for the late service of some meals.

Want to get in touch with us, click here to pass on your comments to the team.

The carrier bag debate

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X-Ray production team X-Ray production team | 16:27 UK time, Monday, 7 November 2011

One month into the 5p carrier bag charge we鈥檝e been inundated with your emails and phone calls.

And so X-Ray has put your queries to the Environment Minister, John Griffiths to find out how well it鈥檚 working.

Small Bags

Caroline Camplin from Maesycymmer wanted to know whether we should be charged for the small unbranded plastic bags, often given out at supermarket check outs, 鈥淚 resent the fact that you are expected to put pre-packaged meat into your bags alongside things such as fruit and veg.鈥

According to our research, there should be no charge for a small plastic bag placed around packages of meat to avoid contamination.

And we've checked with the four major supermarkets to see what they鈥檙e doing. Tesco, Asda and Morrisons say their staff should still be giving out these smaller plastic bags for free for items such as meat but Sainsbury's no longer do.

And what was Mr Griffiths answer? He told us, 鈥淲ell I think it takes time for any change to bed in. There was a lot of concern that there might be confusion around the imposition of the charge but actually experience has been very positive indeed.

鈥淭here will always be questions about the detail. We do take account of issues like food hygiene and all of that was considered.鈥

Recycled Bags

Eleanor Webber runs a twice weekly car boot sale in Valley on Anglesey giving out send hand carrier bags. She wanted to ask, 鈥淒o we need to charge for carrier bags? When we're selling clothes for 5 pence and selling books for 50 pence each?鈥

Our research shows carrier bags will only ever be charged for once. So if you're handing out old bags then you don't need to worry. That counts for car boot sales as well as charity shops! But if the bags are new ones, then you will need to start charging.

Paper Bags

John Willis from Llanelli wanted to know why we鈥檙e being charged for paper bags as well as plastic ones, 鈥淲hy when we go to restaurants like Burger King and McDonald's we're being charged 5p for a paper carrier bag? I thought the new law was bought in for plastic only?鈥

Petra Bode from Caerleon agreed with him, 鈥淚f the reason the Welsh Assembly has bought in the charge on carrier bags is that of environmental issues, why did they not bring in paper bags years ago just like Dublin did?鈥

John Griffiths Environment Minister

Our reporter Rachel Treadaway-Williams put their questions to the Minister.

Mr Griffiths replied, 鈥淲ell the production process for paper bags is equally, if not more environmentally damaging than that involved with plastic bags.

鈥淏ut the key message is about behavioural change, and we need a consistent message; and that consistent message is take your own bags with you to re-use because of the environmental benefit - and actually that avoids litter from both plastic bags and paper bags.鈥

Green Clubcard points

One aspect of the carrier bag charge has angered many of you 鈥 Tesco鈥檚 decision to stop giving out Green Clubcard point in Wales.

Glyn Williams from Flintshire wrote in wanting to know if the promise of green points printed on his reusable bag bought from Tesco forms the basis of a contract? And Nina Ward from Penarth says she thinks Tesco deserved a good slap, 鈥淭esco one, Welsh Customers 鈥 nil鈥 was her reading of the situation.

Tesco wouldn鈥檛 tell us how many Green Clubcard points they give away but when we had a look on their website we found this statement, 鈥淭esco customers in Wales have saved over 500 million bags in the last five years.鈥

So if we assume that Welsh customers have saved 100 million bags per year, in theory that could be 100 million Green Clubcard points that Tesco won't be giving out anymore. At a penny a point that could save them 拢1 million!听听

Marketing expert Paul Buckley from Cardiff Metropolitan University gave us his point of view, 鈥淭hey've just gone for a saving thinking the customer might not even notice. I suppose you could say 鈥榚very little helps鈥, but Tesco a little bit more than the customers.鈥

Tesco told us they see Green Clubcard points as an incentive not a loyalty reward and with the new regulations - the incentive to reuse bags is now to avoid paying for new ones. They don't think this means that Welsh customers are missing out.

Charities

Now what about the charity aspect 鈥 where is all our money going?

At the moment it's not a legal requirement for shops to give the 5p to charity. Many of the larger chains have decided to hand it over though. Tesco is giving to the RSPB, John Lewis to Keep Wales Tidy and Morrison鈥檚 to Save the Children.

But we鈥檝e found smaller shop owners are struggling to understand what they should be doing.

In one Cardiff street over half of the 15 shops we asked didn't know what they should be doing with the 5ps they collected.

And so we put this to the Minister. He told X-Ray, 鈥淚 don't think it really matters how they charge as long as they do charge - so there鈥檚 no one single right way.

鈥淚f they have more than 10 employees they are required to record the amount of money that they received from the plastic bag charge and indeed account for the use of that money.

鈥淲e're very keen to understand issues as they arise and work through them. We don't want to see people making these payments; we want to see people helping the environment and re-using their bags.鈥

You can find out even more about the carrier bag charge and the different rules and exemptions .

Diesel dilemma

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X-Ray production team X-Ray production team | 15:31 UK time, Monday, 7 November 2011

Car firms need to come clean car diesel problems...

Motoring experts are urging car companies to come clean over the drawbacks of green technology fitted to diesel cars.

Filters are fitted to most modern diesel cars to prevent emissions of soot - but they can make the cars unsuitable for drivers who do most of their driving in towns.

Chris Nicols' Mazda

Chris Nicols from Danescourt in Cardiff spent 拢14,600 on a second hand diesel Mazda 6 from Shires Mazda in Taunton 鈥 but had to get the oil changed after three months.

Chris, who had bought the car partly to avoid maintenance bills, told X-Ray, 鈥淚 was gutted, frankly. I was very, very disappointed鈥.

Chris discovered that the oil level in the car was rising because of the way the diesel particulate filter cleans itself out. The cleaning process 鈥 known as 鈥渞egeneration鈥 鈥 can only happen if the car is driving at constantly high revs for between ten and 15 minutes.

But as Chris and his wife use the car mainly for short journeys around Cardiff 鈥 the filter never regenerated. That led to diesel getting into the oil and the oil level rising.

It is feared that in some cases this could potentially lead to serious problems.

Mehdi Rafia from Essex told X-Ray of a serious incident in his diesel Mazda 6. His car began accelerating by itself - reaching speeds of over 110mph before he was able to turn off the engine and bring the car to a halt.

Mechanics told him the engine oil level had been excessively high. Mehdi believes the high oil level was caused by the diesel filter failing to regenerate.

Mazda say the oil level was too high but also that safety systems are in place to prevent this kind of incident. They've not yet established exactly what caused the incident, but say motorists do need to check their oil levels.

Back in Cardiff Chris says he was never warned that urban drivers might have problems with modern diesels. Shires Mazda in Taunton told X-Ray that because Chris had researched the car on the internet they thought he knew all about the problems. Mazda say all dealers are trained to question customers buying a diesel about their driving habits.

Tim Shallcross of the Institute of Advanced Motorists told X-Ray the way manufacturers and dealers were selling diesel cars was, 鈥渜uite ridiculous鈥

He said, 鈥淭hey need to be more honest with people about the potential drawbacks of technology as well as the advantages.听

鈥淭hey need to ask a few more questions of people - so if someone's out shopping for a small car in a dealership, they should be asking what are you going to use the car for...how are you going to use it?听

鈥淚t's not a question of losing a sale - there are perfectly good small petrol alternatives, which won't give any problems in town.鈥

Shires Mazda say there is nothing wrong with Chris鈥檚 car 鈥 but they have offered to buy the car back. However, they are offering 拢5,000 less that Chris paid for it in May.

Diesel Particulate filters are fitted to most new diesel cars since 2009 because of EU environmental legislation.

Camper van catastrophe

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X-Ray production team X-Ray production team | 15:17 UK time, Monday, 7 November 2011

Internet security is a huge worry, sometimes you can never be sure exactly who you鈥檙e talking to.

But Colin McFadden from Swansea thought all was well as he searched eBay for a Camper van. That was until the 拢4,500 vehicle never arrived鈥

It all started last September when Colin was in Brighton. He told X-Ray, 鈥淲e were walking along, looking at [Camper vans] in all different colours shapes and sizes and they all looked so pretty. I thought how about buying one of them?鈥

And his wife said she agreed, 鈥淚 thought yes now the children are grown up it's our time, our adventure.鈥

Back at home on their computer they found what they thought was a genuine advert for a 1979 Devon Bay window Camper. Colin told us it was perfect, 鈥淥ne of us got excited... because it was like sky blue and Maria always fancied a sky blue one with a white top.鈥

The seller sent them some photographs and it seemed like a bargain. But considering Camper vans like this can cost 拢10,000 to 拢15,000 was it too good to be true? Colin said, 鈥淭hat was it I was hooked I couldn't resist her. [The seller] said I鈥檓 up in Scotland but for a quick sale you can have it for 拢4,500 and I'll deliver it free of charge.鈥

Colin told us he was anxious to get his hands on the van and offered to head north and pick it up. But the seller had his excuses ready, 鈥淲e wanted to physically see it really so I said why don't we come up on the train and pick it up and I could drive it back? Oh no, no, no, work commitments it's not suitable he replied. Delivery is best option for me.鈥

And so they agreed to hand over the money, over the internet through what Colin thought was a secure eBay Payment Protection method.

As Colin explained to X-Ray, 鈥淸The seller] sent me a page that I thought came from eBay. It said payment protection page. All the rules and regulations.

鈥淗e'd given me the account number to transfer the money into and I thought right that's it I'll transfer the money over to who I thought was eBay and that was it.鈥

But then delivery day arrived.

Colin said, 鈥淓very time I heard what I thought was a lorry or something I'd come round the side quick! Oh here comes the camper!鈥

Slowly as the day went on, Maria was starting to worry, 鈥淚 started questioning Colin - how many hours did it take to get down from Scotland to South Wales鈥.

And then the realisation hit them.听

Colin told us, 鈥淏y that time my young son was here. He said what time's it supposed to be here dad? I said it's supposed to be between two and four. He said I reckon you've been scammed.

鈥淗e said - you pay through PayPal anyway dad.听 Of course the penny dropped. Of course you do you don't pay through eBay, you pay through PayPal.

鈥淚 felt sick. I thought this is ridiculous - I've been conned.鈥

Tony Neate from Get Safe Online

We spoke to Get Safe Online 鈥 an initiative that provides advice on using the internet safely. Their Managing Director, Tony Neate told us, 鈥淭his scam works because they鈥檙e advertising on a well known website.

鈥淭hey're putting the price of the item they鈥檙e selling slightly cheaper and then they know how the system works. They talk about - we'll make sure how you pay us is a guaranteed method - you won't have to lose your money unless you get the van.

鈥淭hese are the type of things that start to ring bells with people that this is genuine and I鈥檓 being looked after. What you鈥檝e got to make sure is you do your own checking.鈥

X-Ray contacted Colin鈥檚 bank, Lloyds TSB but they won't provide a refund as he had authorised the payment.

We've also spoken to eBay - they say they warn people to guard against fraudsters impersonating companies. Their advice is that a reputable seller will only ask you to pay via one of eBay's accepted payment methods - PayPal, Credit card, and paying when you accept the goods.

And Colin鈥檚 advice? 鈥淭he moral of the story is don't pay for it until it's actually on the drive. Cash on delivery!"

Colin and Maria McFadden

Colin and Maria have now managed to buy themselves another camper van to do up!

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