麻豆约拍

Archives for March 2011

Mobility scooter misery

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X-Ray production team X-Ray production team | 17:05 UK time, Monday, 28 March 2011

What started out as a simple search for a shed for her mobility scooter resulted in Margaret White being pressurised into handing over her life savings.

Margaret bought the mobility scooter to help with her independence but due to its size, storing it in the hallway was becoming a bit of a headache. Margaret decided to invest in a shed to store her scooter, and so visited her local DIY store to see what was on offer.

Margaret White

Margaret White

After a chance meeting at the store with Tom Connors of Rumney in Cardiff, Margaret was persuaded that he was a legitimate trader, worked for a reputable company and he was the man to build the shed she was looking for.

A few days later, Connors turned up at Margaret鈥檚 house unannounced, and started work on the shed without any further discussion.

But, the work on Margaret's shed wasn't what you'd expect from a reputable building company. David Sanders, from the Vale of Glamorgan Trading Standards told us:

鈥淚t was a very sporadic sort of pattern of building... It was built without planning permission so even if it had been a good job it probably would've had to have come down again, but it was a bad job. The roof was concave, so the water pooled in the middle of it, the rain water pooled on the top of it. It wasn't waterproof. It was built over a drain.鈥

But a badly built shed wasn鈥檛 Margaret鈥檚 only worry. As the weeks passed, Connors and his crew pressurised Margaret into handing over more and more money. She eventually paid out a total of 拢2,800.

鈥淗e was fleecing me,鈥 she told X-Ray. 鈥淚 was going down that Post Office nearly every day to get money out. I just felt so vulnerable.鈥

With the situation becoming rapidly out of her control, Margaret contacted the Vale of Glamorgan Trading Standards. After a surveyor ruled that the shed was of no monetary value, a prosecution was launched for the aggressive manner in which Margaret was dealt with.

Connors pleaded guilty to offences under the Consumer Protection from Unfair Trading Regulations, and is due to be sentenced in April.

David Sanders told us that Margaret鈥檚 story is all too common.

鈥淚t actually is quite typical practice of that type of trader,鈥 he explained. 鈥淚f they happen to think that they have a vulnerable consumer on their hands then the price tends to go up and up and up until they can get as much money as they can possibly get.鈥

Margaret is now trying to move on with her life, but the ordeal has taken its toll.

鈥淚t was making me feel ill,鈥 she added. 鈥淚 mean, these people around here, it wouldn't have happened to them. They have families and friends and everything. It happens to people like myself the world over.鈥

Online car repairs

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X-Ray production team X-Ray production team | 17:00 UK time, Monday, 28 March 2011

When you're shopping online it pays to check out the companies you're dealing with carefully, before you hand over your hard-earned cash.

Howard Thomas from Llangadog found this out to his cost when he sent his Land Rover off in December to a garage based near Heathrow Airport. He鈥檇 found the company online at a website called reconditioned-engines.co.uk.

Howard Thomas

Howard Thomas

He put in his contact details and a couple of days later the company called him back. Howard told X-Ray they offered to pick up his car, recondition the engine and have it back within a week鈥檚 time for just over 拢1,500.

After they'd assessed his vehicle, Howard received an Engine Report from a company called Bray Engineering Ltd and the price for the repairs had increased to more than 拢3,000. After negotiations, Howard tells us he agreed a price of 拢2,285 and although he wanted to pay via his credit card - as the company didn't offer this option - Howard agreed to pay all the money up front using a bank transfer.

And now four months later, Howard is still without his wheels.

Lucy met Howard and told him a few careful internet searches could have set alarm bells ringing - and she showed him how he could have spotted the warning signs.

A Land Rover on a trailer

The website he used doesn鈥檛 seem to have a company name 鈥 just a company number. When Lucy searched the Companies House website it did confirm the firm鈥檚 name to be Bray Engineering Ltd, not Reconditioned Engines as Howard had first thought.

Searching online for 鈥淏ray Engineering鈥 didn鈥檛 yield much information, just the names of other unrelated firms.

But when Lucy took a more careful look at the reconditioned-engines.co.uk website she found that the company also refers to itself as The Engine Center, based at 169 Brent Road, Southall. A search on this 鈥 with the American spelling for Center 鈥 then found a host of websites with complaints from angry customers.

While you can鈥檛 be sure that bad reviews online are true, if you see a large number it鈥檚 certainly worth asking questions before you part with your money. Howard was shocked by what he read and is now worried about what will happen to his car, even though the company has written to X-Ray apologising for the delay and saying he will get it back within 10 working days.

鈥淭en days 鈥 that鈥檚 what they quoted me before Christmas. It鈥檚 very worrying. I鈥檝e paid a lot of money and I worry if I鈥檒l ever see my car again,鈥 he said.

Yes Loans

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X-Ray production team X-Ray production team | 16:55 UK time, Monday, 28 March 2011

Cwmbran based Yes Loans is the Welsh company with the highest proportion of complaints upheld against it, according to a recent report by the Financial Ombudsman Service.

The FOS is the official independent expert in settling complaints between consumers and businesses providing financial services.

The Ombudsman found in favour of the consumer in 77% of the cases it decided in the last six months of 2010.

Often people turn to Yes Loans when they've had problems getting credit elsewhere. But not everyone understands Yes Loans isn't the loan provider - it is a credit broker. For a fee of 拢69.50, they find companies willing to offer loans.

Screen grab of the Yes Loans website

Screen grab of the Yes Loans website

The 麻豆约拍's had over a thousand complaints about them over the years. Customers have been unhappy they haven't been offered a loan, or the interest rate was higher than expected, and many have struggled to get their fees back.

Yes Loans has always insisted these are rare cases and not typical of their usual customer service. They point out that in the period the Ombudsman is reporting on, they processed 300,000 loan applications. So, they say, less than 1 in 4,000 of those applicants complained to the Ombudsman.

The Citizen's Advice Bureau has provided support for people trying to reclaim their money, and Jan Channing from their Caerphilly County branch spoke to Rhodri and Lucy about the people who come for advice. She thinks the complaints are often from vulnerable people who don鈥檛 really understand what they鈥檙e agreeing to when they contact Yes Loans.

Jan says: 鈥淭hey don't read the terms and conditions, they're told things on the phone, and then when they don't get the loan or they get a loan at a higher rate than they anticipated, they feel misled.

鈥淚t's down to I think the fact that people need to realise what they're getting in to. If they did that they might think twice about whether or not they go ahead with the application.鈥

Ceiber Challenge: The Finale

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X-Ray production team X-Ray production team | 16:52 UK time, Monday, 28 March 2011

After the final credits rolled on the film festival in Penrhiwceiber, Rhodri paid one final visit to the village to look back at some of the highs and lows of the past few months.

The small team at the hall shared their memories of their personal highlights, from the packed opening night when the cinema reopened after almost 25 years, to a special visit from Welsh-born Hollywood star Michael Sheen who recently took part in a听Q&A session with the cinema audience.

Michael Sheen at the Penrhiwceiber Institute

Michael Sheen at the Penrhiwceiber Institute

Photos of Michael Sheen at the Penrhiwceiber Institute

The festival may be over but the team are determined to keep the momentum going, keep the cinema open and will continue showing Friday night films and Saturday matinees.

They're also already making big plans for several special events in the coming weeks, including more celebrity Q&A sessions with some well-known faces.

To find out more or to get involved with the cinema project, including becoming a volunteer, contact Penrhiwceiber Institute on 01443 473711.

Property auction

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X-Ray production team X-Ray production team | 17:00 UK time, Monday, 21 March 2011

Buying a house at auction can be an exciting, if nerve wracking, way to get a property bargain. But for Sam Eyres and Richard Edmunds it turned into an emotional rollercoaster.

Richard Edmunds and Sam Eyres

Richard Edmunds and Sam Eyres

The couple had set their hearts on renovating a derelict house set in beautiful countryside near Rudry, Caerphilly. It was in an ideal rural location, near family and friends and just 20 minutes from Cardiff.

The property was for sale at an auction with a guide price of 拢90,000 through Cardiff agency Seel and Co.

Derelict house

The couple joined the bidding, and won the property for a price of 拢100,000. They were delighted, but minutes later their joy turned to heartache when another bidder complained to the auctioneer. The bidder said he had tried to bid and his offer had been missed.

Richard said, "There was a bit of shouting at the back of the room. I didn鈥檛 take much notice of it at first. But then it seemed someone - or so he said - had been trying to bid and the auctioneer hadn鈥檛 seen him."

Even though the fall of the auctioneer's hammer usually means a binding contract, there is a rule in standard auction terms and conditions which allows the auctioneer to adjudicate over disputed bids.

So, in Richard and Sam's case, the auctioneer reopened the bidding. The property went to another bidder for 拢101,000.

The couple have complained to the auctioneers - who say they followed correct procedure. If they wanted to try to get the house they could go to court - but they would have to risk thousands of pounds on a case they may not win.

"It鈥檚 quite painful. You look around at the beautiful scenery and this is what could and should have been ours. It鈥檚 very difficult. To have it snatched away for us in such a manner is just gut wrenching," said Sam.

Swimming pool rules

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X-Ray production team X-Ray production team | 16:55 UK time, Monday, 21 March 2011

Teaching your children to swim not only gives them a life saving skill; it鈥檚 also a healthy opportunity to spend time together as a family. Or so two families who got in contact with X-Ray recently thought.

Kathy Basher and her husband Tom from Three Crosses have four children. Kathy told us, 鈥淚t's so important, the water confidence that we've given them, it could save their lives.鈥

Diana Cleave and her husband Nick from Swansea have three children. Diana says, 鈥淲e've got a four-year-old and a two-year-old and a three-month-old - there's very little that you can do as a family together.鈥

Nick Cleave and his son in a pool

Nick Cleave and his son in a pool

Until recently both families regularly used their council-owned swimming pool in Pontardawe. But one morning that all changed.

Nick Cleave told us, 鈥淚 took them [the children] at the end of January. I was told by the manager of our local pool, I'm sorry you can't take them in; they're not old enough basically.鈥

And Tom Basher had a similar experience, 鈥淚 used to take the three eldest when Kathy was pregnant, and regularly go on a Sunday. We went up at the start of the half term holidays for a day swimming, and we were told that we can't take them in.鈥

Pontardawe pool had to explain to both families that they were tightening up their safety procedures and from now on they will need one adult per child under the age of five when swimming.

It鈥檚 meant big changes for the Cleaves, as Nick explains, 鈥淚t's become a bit of a chore to be honest. I take my oldest child in the water for 20 minutes then I pass child A over, and take child B, while Diana goes off and showers child A with the other child she's got with her, while I swim for another 20 minutes. Then I pass child B over for child C and the situation is reversed.鈥

But the Bashers have stopped going completely, 鈥淪ince we were told we couldn't go in, we haven't been back, because Evie got so upset by not being able to swim with her sisters, it was just pointless really.鈥

People who manage pools are expected to follow guidelines set by the Institute of Sport and Recreation Management. We spoke with Peter Mills from consultancy company QLM, who work with swimming pools across the country to implement the guidelines.

Peter told us, 鈥淔ollowing around 15 drownings a year听of children in public swimming pools, there needed to be a policy in place to ensure that under eight-year-olds were accompanied in the water by a responsible person aged over 16.鈥

But this X-Ray investigation has discovered parents could find quite different regulations depending on where their swimming pool is. For example, in Conwy, an adult can only take one child under three into the pool. In Wrexham it's one child under four. And in Newport it's one adult to each child under five. But a few miles away in Caerphilly one adult can supervise two children under five.

鈥淚 think as parents, we are responsible for the safety of our children. And we can make a judgement on what is safe, and of course the safety of my children is paramount to me.鈥 Diana told us.

Peter Mills says it is possible for swimming pools to be flexible while keeping guests safe, 鈥淚f it's a standard 25 metre tank, where children can be put in armbands and they are under control of parents, then there's room to be flexible in the ratio. The key thing is not to look at the ratios in isolation, but to look at all the opportunities to make it easier for people to come in.鈥

Celtic Leisure runs Pontardawe pool on behalf of Neath Port Talbot Council. They told us the admission policy isn't new, but it wasn't applied consistently in the past, and the layout of the pool creates some "unique challenges". But they take health and safety very seriously and since we got in touch they'll now look introducing ways to help families swim together.

Fake cancer therapist exposed

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X-Ray production team X-Ray production team | 14:11 UK time, Monday, 14 March 2011

麻豆约拍 Wales' X-Ray programme has exposed the illegal activities of an alternative therapist from Carmarthenshire, who claims he can cure cancer using a bizarre combination of treatments and pills including a high frequency ozone machine, foot spa and laxatives - despite the fact he was prosecuted for selling cancer therapies in the past.

76 year old Reginald Gill lives in the village of Cwmduad with his wife Leila. They run Reg and Leila's Health Shop from their home. Publicly they advertise a variety of herbal and vitamin supplements, but a telephone call reveals that Mr Gill also offers to treat people for cancer, which is illegal under the Cancer Act.

An X-Ray researcher contacted Gill with a cover story about a woman concerned she may have bowel cancer. Gill advised her, "Do not have a biopsy, it will just spread it." Claiming cancer was "easily dealt with" Gill invited the researcher to be treated at his home which would cost 拢120 a day for three days.

X-Ray secretly filmed a consultation at Gill's home, where he began treatment on the researcher using a machine called an Ifas machine, which is not licensed to treat any illnesses and doesn't carry European safety marks.

Undercover footage of Reginald Gill

Undercover footage of Reginald Gill

Gill also used a foot spa claiming, "People have actually used this machine, detoxed, and detoxed and actually have detoxed bowel cancer, just with that machine. I'm not allowed to tell you that so I didn't tell you that did I?" He also provided laxative tablets which he called colon caps, saying "I normally send people colon caps to start off [the detox]."

Gill was imprisoned for similar activities in 2004 following a prosecution by Poole Trading Standards. 43 year old Stephen Hall from Flintshire had been diagnosed with incurable pancreatic cancer. He'd heard about the therapies offered by Gill and paid him around 拢3,000 for an Ifas machine and various pills which Gill claimed would cure his cancer.

Stephen's mother Sheila Cracknell, who'd taken the case to Trading Standards, is shocked that Gill is back in business. She told X-Ray, "Here is a man who preyed on the sick and the vulnerable, who had no scruples whatsoever really, not as a normal human being would have, and he knows that his little machine is a bag of tricks yet he's still pushing it and making sick people believe he's their godsend, he will cure them. No, I'm not happy about it at all."

X-Ray showed their secret footage and an Ifas machine to one of Wales' top cancer specialists.

Part of an Ifas machine

Part of an Ifas machine

Professor Roger E Taylor from the South West Wales Cancer Centre said, "I was very alarmed when it was suggested that someone who might have cancer should avoid a biopsy and have this treatment instead. It concerns me there are people around who would try to cash in on people's distress by offering them false hopes like this."

Reginald Gill has refused to comment on the allegations that he illegally treats people for cancer.

X-Ray is broadcast on 麻豆约拍 One Wales at 7.30pm on Monday 14th March 2011.

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Insurance policy problems

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X-Ray production team X-Ray production team | 13:55 UK time, Monday, 14 March 2011

Your bank statement is rarely the place where you can find a missing fortune, but it was for one Cardiff couple when they spotted a direct debit they didn't recognise.

Last November, Edward Brown decided it was time to really look at his bank statement, payment by payment.

Edward Brown

Edward Brown

He said, "I think for the first time in goodness knows how long I felt the urge to go through it line by line and see what was on there. This one transaction leapt out as being unusual." They didn't recognise the company CPIMS, and they were paying them 拢18 a month so tried to track it down.

After a little investigation they discovered they were paying an insurance company called Cardif Pinnacle. While that was one question answered, the bigger question of what they were paying for was trickier to solve.

Edward said, "They asked me to confirm my address, so I gave them my current address, and they said we have no record of you with that address. So I said we have moved in the last 18 months so I'll give you my last address. I gave them my last address - no record at that address."

Indeed Edward went through every address the couple had lived in since they rented in London in their early twenties.

Eventually after using bank account details and his date of birth the company confirmed it was a protection policy for a house he hadn't bought. This redundancy insurance policy covered a mortgage on a house in Waltham Cross just north of London which the couple tried to buy 14 years ago.

Edward and his wife Annie were confused how they could have a policy on a house they never completed on and why they had been paying the money out to protect this property since 1997.

Annie admits they should have examined their bank statements more regularly. She said, "We both work full time and we've got a young growing family and as long as the bank account looks alright at the end of the month then you just think phew and let's get on to the next month."

The total the couple paid out was 拢2,862 over 159 payments but getting the money back from the company wasn't as easy as the couple thought.

The Browns think they must have bought the policy when they visited a mortgage consultant for advice in 1997, but they were completely unaware that they'd signed up for it.

It's underwritten by Cardif Pinnacle - that's the name that appeared on Edward and Annie's bank statements - but the policy was sold to the couple by insurance company Countrywide.

The Browns complained to both companies, but they've been told the policy is still active and they could have claimed on it at any time - even though all the details related to a house they never bought.

We contacted the company and after the Browns were able to show they'd bought a different house it helped convince the companies involved the couple knew nothing about the policy. They now say it's a misunderstanding and a very unusual case.

The company have since agreed to refund all of the money plus interest to the couple.

Ceiber Challenge - Opening Night

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X-Ray production team X-Ray production team | 15:50 UK time, Monday, 7 March 2011

There was double excitement at the Penrhiwceiber Institute this week starting with news that Hollywood star Michael Sheen will be paying a very special visit to the hall to take part in a Q&A session with the public.

The Newport-born actor, who grew up in Port Talbot, has appeared in hit films from The Twilight Saga: New Moon and Frost/Nixon to The Damned United and Tron: Legacy.

As a special event during a Welsh film festival underway at the Institute to mark the return of the cinema there, Michael will answer questions from the audience before the screening of the classic film Tiger Bay on Saturday 12 March.

Michael Sheen

Michael Sheen

Sheen commented: "The Penrhiwceiber Institute has a glorious and inspiring history. I want to do everything I can to help the Hall's trustees and all the work that Communities First are doing for it to once again take its rightful place at the heart of the community."

As if that wasn't enough, it was also the grand re-opening of the cinema after almost 25 years and, despite pouring rain, there was a queue of customers snaking around the corner of the building - just like the picture house's glory days.

It was a dream come true for the small team of volunteers and community workers who had spent more than a year getting the project off the ground.

The cinema-goers braved the weather on opening night

The cinema-goers braved the weather on opening night

The opening night recaptured the heyday of the cinema with all the ushers and usherettes wearing 1940s costumes made by a drama group based at the hall - the Ultimate Stage Company. The usherettes also had retro hair and make-up thanks to local hairdressers and make-up artists who donated their time.

The usherettes getting ready for the grand opening

The usherettes preparing for the grand opening

The usherettes preparing for the grand opening

More than 220 people packed out the cinema, including familiar faces Roy Noble, who officially opened the festival, High Hopes' Boyd Clack and Pobol y Cwm actress Donna Edwards.

麻豆约拍 Radio Wales' Roy Noble

麻豆约拍 Radio Wales' Roy Noble

There was also a good luck message from Hollywood courtesy of Welsh actor Matthew Rhys, whose film The Edge Of Love is being shown during the festival.

He said: 鈥淚鈥檝e been very impressed by what you have planned. I know you鈥檙e showing a particularly good film on March 4th, I鈥檓 just sorry I can鈥檛 be there to watch it with you!鈥

Matthew Rhys

Matthew Rhys

As the audience watched the 1941 film How Green Was My Valley, Lucy and Rhodri caught up with chairman of the trustees Ron Blacker. As a boy in the 1940s, Ron鈥檚 job was to play gramophone records before the films began.

He said: 鈥淚f you can think 65 years ago as a little lad, I was putting the music on and then I saw the cinema shut, it nearly went derelict. But and all of a sudden it鈥檚 back to life again, it鈥檚 wonderful.鈥

Tickets for the Michael Sheen event (Saturday 12 March, 2pm) cost 拢2 for adults and 拢1 for children and concessions, and can be reserved by calling 01443 473711 (9am-12noon weekdays) or 01443 476750 (12noon to 4pm).

The film festival continues until the end of March. Upcoming films include:

  • Twin Town (15), Friday 11 March, 7pm
  • Tiger Bay (PG), Saturday 12 March, 2pm (includes special pre-film Q&A session with actor Michael Sheen, star of blockbusters including: The Twilight Saga: New Moon, Frost/Nixon and Tron: Legacy.)
  • House! (15) Friday 18 March, 7pm
  • Prince Valiant (U), Saturday 19 March, 2.30pm
  • Legends of the Fall (15), Friday 25 March, 7pm
  • The Vikings (PG), Saturday 26 March, 2.30pm

Chip and pin problems

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X-Ray production team X-Ray production team | 15:10 UK time, Monday, 7 March 2011

When Bert and Catherine Lewis heard their fourth grandchild was on its way, they were excited and keen to help out. So just before the due date, Mrs Lewis headed off to London to be with her daughter.

But instead of happy memories, a stolen debit card left the pensioner severely out of pocket and in a nine-month battle with her bank.

Bert and Catherine Lewis

Bert and Catherine Lewis

Last June, Catherine had been helping out her daughter when they went on a trip to the supermarket to buy the weekly shop. After parking in the car park, Catherine checked she had her purse in her bag and they both went for a coffee first before returning to do the food shop.

When she came to pay she realised her purse was gone. After searching for the purse, she reported it missing to the police and cancelled all of her bank cards, including her joint NatWest card.

A total of 拢1,195.95 had been taken from her account, with purchases made at Marks and Spencer, Argos and Superdrug. Money was also withdrawn from a cash machine. But while the police and family members told her not to worry and that the bank would reimburse the stolen money, the Lewises soon discovered it was not going to be as easy as that.

Because the correct PIN had been used with Catherine's card during the purchases, NatWest said they were not going to refund the money. They said on "the balance of probabilities" the PIN must have been written down somewhere in the purse.

The Lewises denied writing the PIN down, and Catherine said she learnt the number when the bank gave it to her in 2002 and never needed to keep a note of it.

For the next nine months the couple wrote letters to their bank and complained about the decision. They were adamant the PIN hadn't been written down. But NatWest wouldn't change its mind. Losing the money was bad enough for the couple, but Catherine said it was made worse when the bank wouldn't believe them.

She said, "It made me feel dirty, criminal. They were making me a criminal for what I hadn't done."

James Daley from Which? Money said criminals are working out ways to get round security measures.

"We know that gangs of criminals are increasingly clever at getting hold of people's PIN and using that with the card later on which they have stolen," he said. "And it can look to the bank that that's just been the customer taking their card out to the cash machine. But we know that these kind of cases are on the rise and it's up to the banks to prove the customer was negligent, and in many cases they're not as quick to do that as they should be."

New rules introduced in November 2009, known as the Payment Service Regulations, mean the banks, not the customer, must now prove the fraud. And they must have actual evidence the customer has been negligent. And even if they are suspicious of fraud, they have to refund immediately and then investigate.

James said: "If you have been a victim of fraud and you're absolutely sure you didn't write down your PIN, you weren't negligent in any way, then the law is on your side: you're entitled to your money back and you need to go to your bank and make sure they give it to you."

We contacted NatWest and brought these new regulations to their attention. And after nine months of telling the Lewises they weren't entitled to a refund, they've now given back all the money taken after Catherine's card was lost: 拢1,191.

They'll also be sending the Lewises 拢100 compensation.

Punta Perla resort

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X-Ray production team X-Ray production team | 12:36 UK time, Monday, 7 March 2011

Sun, sea, sand and a nice little nest egg: that's probably what we all think about when we look into buying a holiday home.

X-Ray viewer Barbara Woodham thought the same, but instead, five years after shelling out more than 拢100,000, she still has nothing to show for it.

Back in 2006 Barbara, together with her husband and son visited the A Place In The Sun exhibition in London. 鈥淲e love travelling, we've travelled all over the world to really obscure places. I just felt that it would be nice to have something that we could nip over to every now and then.鈥

Punta Perla brochure

Punta Perla brochure

The Woodhams were enticed by a brand new resort in the Dominican Republic called the Punta Perla Caribbean Golf, Marina & Spa, and bought a three bedroom apartment off plan. The apartments promised to be 鈥渙ne of the last great investment opportunities in the Caribbean鈥 and 鈥渁 rare opportunity鈥 鈥 so rare they are still to appear.

Excited by the investment opportunity, Barbara handed over a 拢6,000 pre-reservation deposit to the sales agent. All payments had to be made to a UK based company called Punta Perla Caribbean Limited. A couple of weeks later she received the contract through the post which she signed and returned along with the remainder of the deposit, a further 拢105,000.

Barbara told us that she didn鈥檛 get anyone to check over the contract for her. She said she regrets this now but even though it was a lot of money, she believed that it was a bona fide investment as it was being sold at the A Place In The Sun exhibition and the contract featured signatures from solicitors based in the Dominican Republic.

Punta Perla documentation

Punta Perla documentation

According to Barbara鈥檚 contract, her holiday home should have been ready by November 2008. However, there is still no sign of the development being started, let alone finished.

In a newsletter sent to their customers, the company behind the development, Punta Perla S.A., said the delays are down to problems they鈥檝e encountered in getting permits to start construction. The company are calling this 鈥榝orce majeur鈥 - a legal term used to describe things that are beyond your control.

We asked Cardiff-based property lawyer Emyr Pierce if he thought that a lack of permits could be classed like this. He told us that, in his opinion, the lack of permits does not amount to 鈥榝orce majeur鈥: 鈥淭here's an argument that the failure to deliver amounts to breach of contract, the developer is unable to deliver what they promised. The contract is based on Dominican Republic law - very few of us are familiar with that but we would need to rely on the expertise of a Dominican Republic lawyer.鈥

But X-Ray discovered that the developer named in Barbara's contract, Mr Ricardo Miranda Miret, is currently facing legal action in Spain for 'criminal misappropriation and swindle' after investors in the UK lost millions of pounds when another of his developments in the Costa Del Sol failed to materialise.

Mr Miranda Miret denies any wrong doing. But we also found out that the company Barbara handed her money over to, Punta Perla Caribbean Limited, has recently gone into liquidation.

We asked Punta Perla S.A. what they have to say about Barbara鈥檚 situation. They told us that the delays are down to getting permits and also the global financial crisis. They have however recently signed a contract with a large Chinese construction company to help with the first phase of the development. They also say they will pay investors some compensation for the delay and are offering a 鈥榖uyback鈥 program. They expect completion to now be between January and June 2013.

But Barbara isn't convinced: 鈥淢y gut feeling then, my tummy feeling says it's not going to be done. And I think that's worse because then I know that the 拢111,000 is gone. I just think that whoever decided to do this development hasn't thought of people's feelings you know, and just taken the money.鈥

We spoke to A Place In The Sun who told us that they don鈥檛 vet exhibitors at their shows, although they do take their responsibilities very seriously and stress that buyers exercise caution, engage an independent lawyer from the outset and take their overseas purchase just as seriously as they would a similar purchase in the UK.

If you are considering buying a holiday home abroad then the Association of International Property Professionals has some useful consumer advice on the dos and don鈥檛s of property buying. For more information see: .

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