OFFICE OF FAIR
TRADING News Release (102/07) issued by The Government News Network
on 17 July 2007
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 Part 3 of the Fair Trading Act 1973, which has been repealed,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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