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Traders give assurances to court

Published Tuesday, 20 March 2018

A father and son have given undertakings to Hamilton Sheriff Court under the Enterprise Act 2002 following an investigation by Consumer and Trading Standards.

Martin Black and Fraser Black traded as Callum Fraser Group and ‘lowcostupvc’ fitting boilers, double glazed windows, kitchens and conservatory roof conversions from an address in Carron Place, East Kilbride.

Over a two year period, Trading Standards received complaints from consumers about various trading practices including poor workmanship, aggressive practices and unfair contract terms.

Callum Fraser Ltd went into liquidation in August 2017 but Fraser Black as Director of the company, and Martin Black, having a special relationship with the company, gave undertakings (under Section 217 of the Enterprise Act 2002) to refrain from certain conduct in current or future businesses.

The undertaking prohibits:

  • Failing to reimburse consumers who have legitimately cancelled contracts signed in their homes, contrary to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • Using an aggressive practice, such as taking payment in full in advance of work beginning; thereafter demanding payment to complete these works, contrary to the Consumer Protection from Unfair Trading Regulations 2008
  • Using unfair contract terms requiring the balance of the contract price before goods and services are supplied, contrary to the Consumer Rights Act 2015
  • Failing to perform home improvement services without reasonable care and skill, contrary to the Consumer Rights Act 2015

Any breaches of these undertakings could lead to further action for contempt of court.

Shirley Clelland, Head of Fleet and Environmental Services, said: “Martin Black and Fraser Black have given undertakings to the Court that they will not, in the course of business, breach certain consumer protection legislation on a number of specific points.

“These undertakings will be closely monitored by us to ensure that consumers are given the protection they deserve.”

South Lanarkshire Council’s Trading Standards Service runs an approved trader scheme which can signpost consumers towards local reliable traders. Find out more at www.buywithconfidence.gov.uk or call the team on 0303 123 1015.

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