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The proprietor of a block paving company has been
ordered to pay fines and costs of £4300 following a prosecution
brought by North Somerset Council's Trading
Standards.
Michael John O' Brian is the sole owner of a block paving
company which uses the trading names A1 Contractors, A1 West Paving
and A1 Driveways and is known to operate in North Somerset,
Bristol, and Weston-super-Mare.
In February 2006 one of Mr O'Brian's salesmen called uninvited
at the home of a partially-sighted, elderly widow in Backwell. She
agreed to have her drive block paved and signed a contract which
did not comply with consumer protection rules. The following day
she had changed her mind and phoned the company to cancel the
contract. They refused to cancel the contract and turned up later
that day and started digging up her drive. This was despite the
fact that the consumer has the right to cancel in seven days if the
initial contact at home was uninvited. In addition their contract
document said in small print that she could cancel within seven
days but being partially sighted she could not read the small
print.
She contacted the Trading Standards Service
for help. They sent officers to her property who ordered Mr
O'Brian's employees to stop work. When questioned, these employees
provided false information about who owned the company.
Mr O'Brian was later arrested and questioned about what had
happened by Trading Standards.
The case was heard on Friday 15 September 2006 at North Somerset
Magistrates Court. Mr O'Brian was fined £2500 for failing to
provide required information on his contract including failing to
provide cancellation information with sufficient prominence.
In addition he was fined £1000 for failing to include company
ownership details on his contract. North Somerset Council was
awarded £830 in legal costs.
Cllr Deborah Yamanaka, executive member for environment and
Community said: "Consumers should take time to shop around and
think before signing contracts with doorstep sellers. We will take
action against any rogue firms who take advantage of North Somerset
residents."
Consumers experiencing similar problems should contact Trading
Standards and Consumer Direct on
08454 04 05 06.
ENDS
Note to news editors: Mr O'Brian gave his home address as being
in Naas Lane, Quedgley, Gloucester. The business address is 14,
Orchard Street, Bristol but land is also leased at Moorland Park,
Hewish.
The Consumer Protection (Cancellation of Contracts concluded
away from Business Premises) Regulations 1987 require that
contracts made as a result of an uninvited call by a trader must be
in writing and include certain information. In particular they
require that the contract should inform the consumer in a prominent
manner that they can cancel the contract within seven days. Small
print at the bottom of a contract is not prominent. Failure to
comply is an offence.
The Business Names Act 1985 requires that invoices should
contain details of who owns the business. Failure to comply is an
offence.
Consumer Direct works in partnership with the Trading Standards
Service. The Consumer Direct call centre uses trained advisors to
give consumer advice and also handles calls for the Trading
Standards Service. North Somerset Council has representation on the
managing board. |