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Aerial fitter prosecuted for misleading consumers (4 November 2015)

Date: 04/11/2015
Duncan Lewis, Legal News Solicitors, Aerial fitter prosecuted for misleading consumers

An investigation into an aerial fitter from Wareham in Dorset has resulted in prosecution, after Dorset Council Trading Standards found evidence that he failed to give a price to customers before carrying out work – and failed to provide details of their right to cancel contracts.

Richard Harvey, 55, of Barndale Drive, Ridge in Wareham was found to have committed two offences in relation to work he carried out for a customer in Blandford Forum, where he charged £306 to install a new aerial and move a TV point. However, there was no improvement in the poor signal after the work was done. .

Trading Standards investigated a further complaint from another of Harvey’s customers in Crossways, near Dorchester – who had paid £132 for work that resulted in no improvement in his TV signal.

In both cases, no price had been given before the work was carried out – and no notice giving the consumer the right to cancel work was given.

Both consumers stated they would not have gone ahead with the work if they had known what the charges would be.

The court heard that Harvey had been advised on three previous occasions of the need to give a cancellation notice, which included the price for the job before starting work.

Richard Harvey pleaded guilty at Bournemouth Magistrates’ Court to four offences of misleading a consumer under the Consumer Protection from Unfair Trading Regulations 2008.

Harvey was given a conditional discharge for 12 months – and was ordered to pay prosecution costs of £1,100 and a £15 victim surcharge.

In mitigation, the court heard that he had traded for 30 years and had no previous convictions – and also that he had refunded both customers and now had a suitable cancellation notice.

After the hearing, Trading Standards service manager for Dorset County Council, Ivan Hancock, said:

“Any trader carrying out work at consumers’ homes needs to ensure that they give consumers the key information they need before starting on work.

“This includes giving written details of how they go about cancelling a contract for work.

“If any Dorset trader carrying out work on consumers’ homes is unsure of what they need to do to comply with these legal requirements, they can contact the Trading Standards business advice line on 01305 224702.”

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