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Judge Rinder says there's no need to to be afraid, common sense courts will take idiots to task over over bogus comp claims
Every Saturday, The Consumer Crew are here to solve your problems.
Mel Hunter will take on readers’ consumer issues, Maddy Tooke will save you cash with her coupon deals and Judge Rinder will tackle your legal woes.
Judge Rinder - Our legal expert
THERE were many things that perplexed me about Donald Trump’s inauguration last week.
But hidden among all the talk about crowd sizes was the explanation for the fact that the National Park Service does not issue crowd estimates.
It used to do so, until it was almost sued when it estimated attendance at 1995 US race demonstration, The Million Man March, at 400,000.
This sort of thing really gets my goat. The public are robbed of useful information and services because some organisations are so terrified of being sued if they so much as give their opinion on the weather.
It’s the reason so many companies now give basic job references that simply read “Joe worked here from 2007 to 2009”, why first-aiders are reluctant to give CPR, why local councils keep ruining parks with unnecessary fencing and signs stating the blatantly obvious — “Grass may be slippery when wet”.
No s***, Sherlock.
What is especially annoying is that actually, if these sorts of ridiculous cases get to court, they are normally promptly thrown out.
At least in this country we have a pretty good record of courts applying common sense to claims and rejecting those that don’t really possess any merit.
It is, in fact, the law that the court must take into account the public interest in organisations not being sued for trying to make everyone’s lives better.
So when someone dived in to a lake that they shouldn’t have and injured themselves, the court rejected their claim for compensation and essentially said: “Isn’t it nice that we have lakes that aren’t surrounded by fences?
“If you’re an idiot then you can suffer the consequences.”
Of course, if someone has messed up and it has hurt someone else then they should pay up, but we must also make sure we don’t lose good things because of fear of litigation. The good news is our courts generally get it right, so there’s no need to worry.
Put on that charity event, write that reference for a former colleague and carry on giving first aid whenever you’re called upon to do so.
If you take all reasonable steps to keep people safe, then any court will treat you with sympathy.
Got a problem for the judge? Email [email protected]
Summing Up
MY son has a French mastiff. My neighbour asked him if she could use his dog as a stud to her bitch, which he agreed to.
The agreement was that should the bitch have pups, she would pay him the equivalent price of one of the pups.
She reared ten puppies and sold eight of them for between £400 and £500 before Christmas, but no money has been forthcoming.
There was nothing in writing – is there any point in pursuing this in the small claims court or anywhere else?
Brian, Norfolk
What a dog’s dinner! Your son has upheld his end of the bargain and your neighbour must uphold hers.
It’s always preferable to have an agreement in writing because then there’s no argument about who said what.
But a verbal agreement can be just as much a contract – your son will just have to convince a court what was agreed by giving evidence under oath, if it comes to that.
Going to court, even the Small Claims Court, always involves an element of risk so avoid it if you can.
Your son could write a letter to your neighbour, requesting the money agreed by a set deadline, and make clear that if he isn’t paid he will take her to court.
That should get her to pay.
- 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.
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Amanda Cable - Property expert
DOES your home have a secret which could add to its value?
Old and modern homes with secret passageways, hidden rooms and even underground escape tunnels have hit the market — and their novelty appeal only adds to their price.
Rightmove property expert Miles Shipside says: “Secret chambers are no longer confined to a Famous Five book.
“Having hidden features like a family room in the basement or a wine cellar can give the element of surprise at viewings and attract interest from potential buyers.”
According to house historian Melanie Backe-Hansen, many old houses hide secrets that have been forgotten for years.
Melanie, author of House Histories: The Secrets Behind Your Front Door, says: “English houses were once awash with ‘priest holes’ to hide Catholic priests from search parties in the 16th and 17th centuries.
“Secret tunnels existed under large houses, often leading to churches so wealthy families could travel to worship in private.
“Secret attic rooms were common, as were escape hatches which led to the attic next door. In the 1930s, secret safes became popular, hidden under trap-doors or behind formal portraits on the wall.
“I’ve completed many house histories which have thrown up secret rooms or hiding places. One house owner knocked down an internal wall and discovered a priest hole — with the skeleton of a priest still inside. It gave him a bit of a shock.”
If you think your house may hide secrets from the past, check a local history of your area.
Melanie says: “House plans only became law in the 19th century. The first sign of inconsistencies in room sizes or layouts could be drainage plans from the 1930s.”
For help to unlock the secrets of your house, visit house-historian.co.uk.
THESE four houses for sale have hidden surprises.
SECRET PUB: Fancy a swift pint after work? This four-bed house in Whiteley, Hants, for £699,950, boasts a secret boozer at the end of the garden, above. The shed has a log burner, bar, sofa and bar stools. See Walker & Waterer or rightmove.co.uk.
SECRET CINEMA ROOM: Open the cupboard under the stairs of this modern five-bed in Bristol and discover a cinema room. Up for £850,000. See Connells or rightmove.co.uk.
SECRET PASSAGE: West Scholes Hall in Bradford dates back to the 1700s. A secret passageway above the main entrance hall could have been used as a hideaway in the Civil War. Yours for £499,950. See Dacre, Son & Hartley or rightmove.co.uk.
SECRET ATTIC ROOM: This 17th century four-bed house survived the Great Fire of Warwick in 1694. An open hatch in a top bedroom leads to a secret attic room. On the market for £600,000. See RA Bennett & Partners or rightmove.co.uk.
Mel Hunter - Readers' champion on fighting for your rights
Q - I BOUGHT a new Samsung Galaxy S7 phone in June. At the beginning of December it stopped working. Samsung sent a courier to take my phone for repair and said it would take up to ten working days.
When I next gave them a call, I was kept on hold for more than an hour and told my phone was damaged and I’d be charged for any repairs.
When the phone left my house, it was in immaculate condition – I have photos to prove this – but Samsung told me the engineer’s decision was final. Three days later my phone was sent back to me, smashed and unrecognisable on the back.
I’ve since sent photos of the phone, packaging and the original purchase receipt. They told me they will be in touch but I have heard nothing.
Mary Garner, Winsford, Cheshire
A - Taking a photo of it before you sent it away to Samsung meant you had proof the damage occurred under its responsibility.
Taking everything into consideration, I told Samsung it should give you a new phone.
Fortunately, a shiny new handset was duly delivered to you a few days later.
Q - I booked three nights’ accommodation through Airbnb. The reviews of the property were positive but soon after arriving, we realised the house was very dirty, the bed sheets were stained and the pillows smelled.
We phoned the host but couldn’t get through, so left a voicemail and an email. I called Airbnb and got an automated message so we made the difficult decision to pay for somewhere else.
We sent some pictures to Airbnb. It would not refund any of the £528 we paid, apart from £40 for cleaning, which we haven’t received.
Cath Attenborough
Coalville, Leics
A - Airbnb’s guest refund policy says the amount refunded “will depend on the nature of the travel issue suffered”. Your case fitted their requirements and I managed to get you a refund of £241. Airbnb said: “With more than 140million guest arrivals in Airbnb listings, negative incidents are extremely rare.”
Do you have a consumer issue? E-mail [email protected]
BT has announced another price hike for broadband customers, leaving thousands wondering if they’re with the right provider.
But Ewan Taylor-Gibson, broadband expert at uSwitch.com, says: “Those tied into a broadband contract now have 30 days to leave, penalty free.”
- If you do decide to switch providers, here’s how to find the right deal for you:
- Think about your personal use and get a package to match. Do you really need to pay extra for a speedy connection?
- Loyalty does not pay. Ask for a better deal every time your contract is up.
- Use comparison sites to find the best deals, then phone to check the offers stand.
- Amazing deals don’t last forever. Work out the full price of the contract you’re signing up to.
Maddy Tooke - Coupon Queen finding you the best bargains
10 best deals
- Save £10 on orders over £50 from Boux Avenue lingerie with code TENOFF.
- Get 20 per cent off orders over £80 from lovehoney.co.uk with VOUCLOU2080 at vouchercloud.com.
- Get £15 off orders over £50 from adult retailer Simply Pleasure with code pleaseme15.
- Save 50 per cent on £30 orders from Truprint with code WINTER2017.
- Get £25 off orders over £200 at jeweller Ernest Jones with code EJSAVE25.
- Save 15 per cent on wedding rings from online jeweller Blue Nile with code RING2017. Order through Quidco and get an extra 5.25 per cent cash back.
- There is 20 per cent off orders over £17 at Blossoming Flowers. Use code VCLJN20 at the checkout. Expires on Sunday. Get £6 off orders over £25 from Debenhams’ Flowers. Use code JANSIX at the checkout.
- Get 15 per cent off orders at Durex from vouchercloud.com. Use the code VCLOUD15 at the checkout.
- Sort your Valentine’s Day outfit with 20 per cent off items from Evans. Use code 21VCXJ or voucher at vouchercodes.co.uk/search/?q=evans.
- Save 50 per cent on home decor at photobookUK.co.uk with code FORGETMENOT, 50 per cent on photo gifts with code LOVEBUG, 55 per cent on photobooks with code LOVESTORY and 50 per cent on jumbo cards with code LOVENOTE. Deals expire today.
5 top freebies
- Grab a free 1kg bag of Happy Dog UK dog food. Print a coupon from happydoguk.com/free-dog-food-samples or claim online with code HD687S. Delivery costs £2.49.
- Get a jar of Hipp Organic baby food. Print the coupon at hipp2.couponmicrosite.net and redeem it at a participating retailer.
- Grab Aldi Mamia Nappy and Wipes from netmums.com/newbabyclub/freesamples.
- Treat kitty with a Go-Cat Crunchy and Tender sample. See purina.co.uk/cat/go-cat/promotions/form.
- Download a mortgage guide at moneysavingexpert.com/ mortgages.
(Free two-week gym pass from MoveGB with O2 Priority Moments. Enter the code from the app at Movegb.com/redeem. Cancel before the trial ends.