DEPARTMENT FOR
BUSINESS, ENTERPRISE AND REGULATORY REFORM News Release (2008/024)
issued by The Government News Network on 1 February 2008
A surveyor has
been sent to jail and a damp proofing business fined thousands of
pounds after they ripped off a number of elderly people across the Midlands.
An investigation by the Midlands 'Scambusters' team and
Walsall Trading Standards found that Aqualine Damp Systems Ltd had
conned householders by misdiagnosing damp so that it could sell
unnecessary work.
In court on Thursday 31 January the following sentences were given:
* Phil Vyse, a surveyor who worked for company, was sent to jail
for eight months
* Aqualine was fined £6,750 and ordered to pay compensation to
the householders of £11,032 and prosecution costs of £11, 986
* Mark Camm, the company's director, was sentenced to a
community service order of 300 hours unpaid work and ordered to
pay costs of £5,000
* Barry Purcell, also a surveyor, was sentenced to a community
service order of 200 hours unpaid work and ordered to pay costs of £3,000
Consumer Affairs Minister Gareth Thomas said:
"This is a real success for Scambusters and Walsall Trading
Standards. The Government funds Scambusters so that they can bring
rogue traders to justice. These conmen cost vulnerable people
thousands of pounds and give honest businesses a bad name. They
deserve to be punished for their crimes."
In sentencing, Mr Recorder Wall QC told Vyse that he deliberately
targeted elderly and easily confused people. He continued that
Vyse had shown no outward sign of remorse for misleading people.
In sentencing Camm the judge said that Camm had set the ethos of
the company, and had created a culture in which the salesmen could
misdiagnose. The judge said that Purcell had diagnosed damp not
caring for whether that diagnosis was correct.
Phil Page, Acting Project Manager for the Scambusters Team, said:
"We are very pleased with the result of the case. The
consumers affected were, in the main, elderly and vulnerable and
placed their trust in the hands of the company and its staff.
Unfortunately, that trust was misplaced, and they paid large
amounts of money out for unnecessary work."
Notes for Editors
1. The Central England Trading Standards Scambuster Team is a
Regional Trading Standards Team set up with funding from the
Department of Business and Regulatory Reform (BERR). The Team
covers the 14 Authorities that make up Central England.
2. The case was heard at Wolverhampton Crown Court
3. The case was brought in relation to offences against 9
different households.
4. At a hearing in November 2007, Aqualine Damp Systems Ltd had
pleaded guilty to 9 offences, Camm pleaded guilty to 4 offences,
and Purcell to 6 offences under section 14 of the Trade
Descriptions Act 1968.
5. Section 14 of the Trade Descriptions Act creates a criminal
offence for a person to make a false statement in relation to
certain matters, including the provision of a service. The offence
can be made 'knowingly (section 14(1)(a)) or
'recklessly' (section 14(1)(b)). 'Reckless' in
this sense means without regard to whether it is true or false.
6. The Department for Business Enterprise and Regulatory Reform
helps UK business succeed in an increasingly competitive world.
It promotes business growth and a strong enterprise economy, leads
the better regulation agenda and champions free and fair markets.
It is the shareholder in a number of Government-owned assets and
it works to secure, clean and competitively priced energy supplies