Office of Fair Trading
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OFT secures prison sentence for rogue trader
Roofer James Slater - also known as Jimmy Slater - trading as Building Services, Clean and Clear Plastics and Clean and Clear Guttering Services, has been sentenced to a total of 6 months imprisonment by Kingston County Court. Action was brought by the OFT against Mr Slater after he breached a Court Order granted in March 2001 for:
* failing to carry out work with reasonable care and skill;
* failing to carry out work within a reasonable time, within agreed time, or at all, and
* failing to return monies to consumers when in breach of contract, to which they are legally entitled.
In September 2005, following action by the OFT, Mr Slater was found guilty of contempt of court in relation to breaches of the Order made against him in March 2001. As a result he was sentenced to six months imprisonment, suspended for 3 years.
Despite this, Surrey Trading Standards Services still continued to receive complaints which led to this further action by the OFT. Mr Slater had made unsolicited calls to consumers, agreed to do roofing and/or guttering work, taken cash payments in advance and had failed to carry out work within a reasonable time or at all. He had also failed to return monies to consumers to which they were entitled.
Sean Williams, OFT Executive Director said:
'Consumers need protection from rogue traders. This case shows that the OFT will pursue them as far as imprisonment if need be.'
NOTES
1. At a hearing on 9 July 2007, the court activated three months of the previous suspended prison imposed on Mr Slater for contempt of court in 2005 and imposed an additional three months imprisonment for the new breaches evidenced in the most recent complaints.
2. In March 2001, an Order was made by Kingston County Court against James Slater under Part 3 of the Fair Trading Act 1973. The Order required Mr. Slater to refrain from: inducing customers to contract by making false statements; failing to carry out work with reasonable care and skill or within a reasonable time, within the agreed time or at all; failing to return monies to consumers, when in breach of contract, to which they are legally entitled; and failing to give both his name and an address for service on all his business letters, invoices, receipts and demands for payment.
3. Part 3 of the Fair Trading Act 1973, which has been repealed, provided that, where it appeared that a trader had persisted in a course of conduct detrimental to the interests of consumers and had broken his/her obligations under civil or criminal law, the OFT could ultimately bring court proceedings for an Order.
4. Where a trader breaches a court order, the OFT can invite the court to punish him or her for contempt.
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