In a case brought by Halton Borough Council Trading Standards, fifty-year-old Barry Benjamin, from Kilncroft in Runcorn, pleaded guilty to misleading two consumers by failing to tell them they had a right to cancel their contracts.
The court heard that Benjamin, who trades as Easy Life Garden Maintenance, had been prosecuted in 2012 for failing to give cancellation rights and had since been advised and warned by Halton Trading Standards.
The case was heard in on Wednesday 6 March in Liverpool Crown Court by His Honour Judge Goldstone QC who told Benjamin that there had been a flagrant failure on his behalf given the warnings and advice that Trading Standards had given him, that he had brought his profession into disrepute and had acted in an entirely unprofessional and cavalier manner.
Mr Benjamin was fined £800 and ordered to pay Halton Borough Council’s costs of £1,200.
A spokesperson for Halton Borough Council’s Trading Standards said: “When you make a contract in your own home with the trader present, the law gives you the right to cancel within 14 days (unless the contract is for emergency repairs).
“By law you have to be given a written cancellation notice which explains your right to cancel and how to exercise it. Before handing over any money, ask to see the cancellation notice. If the trader doesn’t have one, don’t part with your money and don’t deal with the trader.’”
Cllr Dave Cargill, Executive Board Member for Trading Standards said: “It’s important that enforcement action is taken in such cases to protect consumers but also those businesses who comply with their legal obligations.
“If you need gardening or home improvement work ask friends and family for recommendations. Get three quotes and take your time to make your decision. If you don’t enter into the contract when the trader is in your home you will not have a right to cancel , but you will give yourself the time to make a considered decision and hopefully avoid getting involved with an unreliable or rogue trader.”
If you are having problems with a trader you’ve employed or you made the contract in your home but didn’t receive a cancellation notice, contact the Citizens Advice Consumer Helpline on 03454 04 05 06.