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Gardener pleads guilty to two counts of fraud (28 July 2017)

Date: 28/07/2017
Duncan Lewis, Crime Solicitors, Gardener pleads guilty to two counts of fraud

Peterborough Council has prosecuted a self-employed gardener for fraud.

James Holmes, 29, appeared at Peterborough Magistrates’ Court following prosecution by Peterborough and Cambridgeshire Trading Standards under the Fraud Act 2006.

Holmes pleaded guilty to two counts of fraud and also pleaded guilty to one count of engaging in aggressive commercial practices, in order to get victims to agree to the contract contrary to Regulation 11 Consumer Protection from Unfair Trading Regulations 2008.

He was sentenced to 200 hours community work.

The court heard how Holmes had targeted elderly, vulnerable people in Yaxley and Exeter in Devon, in order to get them to agree to work on their gardens.

Holmes' business, J&H Landscapes, is registered to Thorney Road in Eye – and the offences took place between May and August 2016.

The Yaxley victims were cold called by Holmes, who offered to carry out work on their patio, path and driveway for £450. No cancellation rights notice or written quote were provided, as required by law – and the elderly couple did not give written permission for Holmes to start the work immediately.

Holmes contacted the Exeter victim after she used a customer-rated price quotation website for gardening work.

The victim initially did not offer him the work because she felt his quote was too high – however, Holmes pursued the job and reduced the price until she felt unable to refuse an agreed price of £800.

The court heard that Holmes did not provide this quote in writing – or give the victim a notice of her rights to cancel the work within 14 days. Once again, he did not obtain her express written permission to start the work immediately.

After Holmes started the work, he insisted that he wanted payment in cash and not by BACS – and it was at this point the victim decided to stop Holmes from working on her garden. The court heard this incident left the victim afraid to leave her home.

In mitigation, the court heard that Holmes was a naive person and was not vindictive. It was claimed that he had an unstable income and a young family to support – and now realised he should have taken advice before setting up in business.

Consumer Protection Manager for Peterborough and Cambridgeshire Trading Standards, Emma Butterfield, said:

“We are pleased with the court's decision to take action against this gardener, who overcharged for his work and intimidated people.

“Residents should always get several quotes before agreeing to employ a tradesperson – and remember that they should expect to receive a cancellation notice from the trader and have the opportunity to cancel a contract within 14 days if it is made at home.”


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