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Understand debtor rights

From bullying bailiffs to bricks and mortar, our experts share advice and the best deals on the high street

Mel Hunter will take on readers’ consumer issues, Amanda Cable gives you the best advice for buying your dream home and Judge Rinder will tackle your legal woes.

Every Saturday, The Consumer Crew are here to solve your problems.

Mel Hunter will take on readers’ consumer issues, Amanda Cable will give you the best advice for buying your dream home and Judge Rinder will tackle your legal woes.

 

Judge Rinder – The Sun’s legal expert

 Judge Rinder advises tackling debt head on
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Judge Rinder advises tackling debt head onCredit: ITV Press Handout

IMAGINE this. It is 9pm one night in December.

You have finally managed to get your kids off to sleep and are now sitting in front of the TV when there is a loud bang at the door.

You are not used to having guests at this time of night so are very uneasy at the late hour of the caller.

When you open the door there are three large aggressive-looking men who announce they are bailiffs and have a court order to seize your property.

They crash into your home and begin grabbing anything of value they can find, including Christmas presents. Your children — now awake — scream in fear at the unfolding scene.

Two days later you receive a bill charging you for the time that these thugs spent at your property.

The appalling fact is that this is not a figment of my imagination but was, for decades, the real experience of families across the UK who had, like tens of thousands of people, found themselves in a cycle of crippling debt.

In 2014, this kind of vicious strong-arming which had been used by some bailiffs was outlawed.

It is now completely unlawful for bailiffs to enter homes at night, to act without proof of identity or lawful authority, or to try to impose unauthorised fees.

Although this legislation has been quite effective, a report published last week, compiled by several charities (including AdviceUK and The Children’s Society) revealed that some ­bailiffs still regularly intimidated debtors, failed to accept offers of payment and also failed to take account of whether a debtor was particularly vulnerable.

This is totally outrageous. The problem here is that there is currently no independent regulator that governs the conduct of bailiffs or a single and ­simple way for people to complain. I completely agree with the findings of this report that this needs to change.

Just to give you an idea of the scale of the problem; between 2014 and 2015, councils in England and Wales asked bailiffs to pursue debts on 2.1million occasions for unpaid bills . . . and that’s only local councils! If you are in debt, you need to act now.

Get to a ­Citizens Advice Bureau today and seek help at once. The last thing you want is that knock at the door.

SUMMING UP

Q - SEVERAL years ago my niece entered into a joint mortgage with her boyfriend as she would not have been able to borrow enough money on her own salary, despite being able to afford the repayments.

He lived in the house with her for a few months before they split up but she paid the deposit and made the monthly repayments all by herself. I warned her to get him off the deeds and mortgage as he might try to demand half the house. She was adamant he would not do that to her. Now he’s met someone and they’re having a baby. He can’t get the mortgage he wants as the providers think he already has commitments. He asked my niece to take him off the mortgage, but then he changed his mind. I’m worried he has been advised he has a stake in the house. Has she any rights and is there anything she can do? Would it be best to try offering him some money? Norma, Essex

 

A - It is unlikely your niece’s ex-boyfriend will be able to claim he is entitled to half of the entire value of the house. He may however be entitled to something as the mortgage was obtained on the basis of their joint earnings. It is difficult to assess how much he could lawfully say he is entitled to here but your instinct is correct – offering him a lump sum may make him go away. But first your niece must get legal advice. Your niece made a mistake in getting a joint mortgage without having another agreement setting out what would happen if the relationship broke down.

  • Mr Rinder regrets he cannot answer questions personally. Answers intended as general guidance, they do not constitute legal advice and are not a substitute for obtaining independent legal advice.

Amanda Cable – Property expert with the best advice for your home

 Amanda Cole advises on new build houses
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Amanda Cole advises on new build housesCredit: News Group Newspapers Ltd

AN alarming 300 new homeowners a week have problems with their newly built houses. This is worrying news for the 140,000 families who are due to purchase such properties in the UK this year.

Some 93 per cent of buyers report issues with new builds, with one in three discovering more than ten faults. Paula Higgins, of the HomeOwners Alliance, says: “People buying new homes are often first-time or last-time buyers.

“They are not used to contracts, leaseholds, service charges and poor quality.

“There aren’t enough proper checks for consumers. But you can’t return a house like you take back a car.”

SIX TIPS ON BUYING A NEW HOME

  1. Never rely on a developer’s glossy brochure. Ask neighbours in a development about their experience of living there, and Google the firm to check out the reviews.
  2. New builds depreciate in price like a car, so either be prepared to stay put for a few years so the value can climb, or see what scope there is to add a conservatory or loft conversion.
  3. While new builds have a ten-year National House Building Control warranty, this is far more limited than people think. For the first two years, it is up to a developer to put things right.
  4. Negotiate the best price. Developers are likely to drop the price at the end of their financial year, or when there’s just a few homes left to sell.
  5. Don’t be persuaded to use the developer’s own solicitor. There could be a conflict of interest.
  6. Make sure plans include details of materials and decorative finishes. Developers have been known to sell, then install inferior materials.

 

See for more advice.

Real Bargain at £60k

 Four-story terrace is a steal for just £60K
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Four-story terrace is a steal for just £60K

PURPLEBRICKS staff are cooing over this adorable four-floor terrace home in Halifax, which could be yours for just £60,000.

The two-bed home is a perfect first-time buy with a basement kitchen and cute attic bedroom. See .

 

Charlie on hand to help

 TV Charlie is at NEC in Birmingham to lend a helping hand
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TV Charlie is at NEC in Birmingham to lend a helping hand

AS the star of TV’s Building the Dream, Charlie Luxton has become hot property himself.

Now you can meet him in person, and hear his tips. Charlie is holding 15-minute consultations (first-come, first-served basis) next Saturday at the Homebuilding & Renovating show at Birmingham’s NEC.

 

Mel Hunter – Readers’ champion on fighting for your rights

 Mel Hunter advises on everything including the kitchen sink
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Mel Hunter advises on everything including the kitchen sink

Q - I ORDERED a £174 sink from Appliances Direct and it was delivered a couple of days later. I left it in my porch as l was having my kitchen redecorated. A week later when I opened the packaging, I found the sink damaged.

I contacted the firm, who asked me to send photos of the damage. I tried to send these electronically via its system, but couldn’t.

I asked Appliances Direct for a simple email address I could forward the pictures to. And I sent them there. They then informed me that because I had not checked the goods sooner, I was not entitled to my money back.

They offered me £50 as a goodwill gesture, which I told them was insulting.

RICHARD WARMAN, Ipswich

 

A - In your case, Richard, I applied the very basics of consumer law. Under the Consumer Rights Act 2015, if you buy something but then discover it is damaged, you have 30 days to return it to get a full refund.

When bought online, as you did, you have extra rights under Consumer Contracts Regulations, meaning you can often return items within 14 days even if there is no damage at all.

I made all this very clear to Appliances Direct and I’m happy to say it refunded you in full, minus the value of the taps that you had decided to keep.

Hopefully the customer service team at Appliances Direct will brush up on their knowledge of their customers’ rights.

 Mel talks about consumer rights with water
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Mel talks about consumer rights with waterCredit: Alamy

Q - THAMES WATER said I have to have a smart meter put in. I said I would like to stay as I am because I have no debt and do not want to change things.

Thames Water said there is a fine or charge if I don’t have one. I am now on a refusal list and so worried I can’t sleep.

CHRISTINE EDNEY, Waltham Forest, E London

 

A - Having a new meter is not generally compulsory but the Thames Water region has been designated an area of “water stress” by the Government and Thames has the legal power to fit them on a compulsory basis.

If you refuse, it can place you on a “no access” tariff which costs more but Thames Water told me you are not yet on this tariff. A low water user should make savings on a meter. Once I’d explained this, you decided you would get the smart meter.

 

Q - LAST year, I bought two trips to Ibiza for 2017, with British Airways from Heathrow.

Later, BA cancelled both outward flights and booked us on alternatives but said a full refund could be given.

The new flights were two days later so did not fit my hotel booking.

I am owed more than £300 but it is “still being processed”.

I have booked alternative flights from another airport but we have had to pay for extra accommodation and as we will be returning with BA to Heathrow, we now can’t leave our car at the airport.

This cancellation has caused a lot of aggravation and expense.

BARBARA VOWLES, Swindon

 

A - I chased BA who made it a priority and put the money for the altered flights in your account within days.

Nevertheless, you are still out of pocket by having to rearrange your plans and you aren’t entitled to compensation.

 

Maddy Tooke – Coupon Queen finding you the best bargains

 Maddy sniffs out the best offers and coupons
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Maddy sniffs out the best offers and couponsCredit: John McLellan

Top 10 best offers

  1. Save 20 per cent on selected gift cards from TESCO. Includes PIZZA EXPRESS, ASK ITALIAN, GOOGLE PLAY, MONSOON, NEW LOOK and GAP. Order from giftcards. .
  2. Save 25 per cent on selected Mother’s Day orders from BUYAGIFT with code VCDEALS25 at . Ends tomorrow.
  3. Get £5 off orders over £20 from LLOYDS PHARMACY with code VC520.
  4. Mums go free to LONGLEAT SAFARI PARK on March 25-26 with a paying guest. Use code MUM17 at .
  5. Use 10OFF50 for £10 off a £50 spend on toys at MOTHERCARE. Order through Quidco and get four per cent cash back. Offer expires tomorrow.
  6. Save 20 per cent on orders from THE WORKS and get 12 per cent cash back through Quidco. Use code QUID20. Expires tomorrow.
  7. Mum eats free at HUNGRY HORSE pubs after 6pm on Mother’s Day. Or get a free glass of prosecco at brunch. Book at hungry .
  8. Save 50 per cent on bouquets at BLOSSOMING GIFTS using the code VCLMD50 from .
  9. Save 15 per cent at TRAVELODGE at .
  10. Get 20 per cent off at THORNTONS with code VC292020.

Top five freebies

  1. FREE cookie for O2 customers with the O2 Priority Moments app. Show the app in store at Millie’s Cookies to claim yours. Expires tomorrow.
  2. Sign up at and get a free Moonpig Mother’s Day card worth up to £10.
  3. Get a free Thierry Mugler Angel perfume sample. Request yours at #enter-now – 50,000 are available.
  4. Request your free baby salve sample from . Only available while stocks last, so be quick.
  5. For a free Pampers Baby Dry size 4 sample, go to samples-on-demand where you can also print £1 off coupons for your next purchase.