A doorstep seller who stole £ 4,000 from a consumer for gardening that he did not complete is sentenced to probation today.
Commercial Standards Service Court Report
A doorstep seller who stole £ 4,000 from a consumer for gardening that he did not complete is sentenced to probation today.
In the case of the Department of Commerce’s Trading Standards Service (TSS), James McCann, 32, of Windermere Lodge, Lisburn, pleaded guilty to three charges under the Fraud Act 2006 of fraudulent misrepresentation. For each charge he received a four-month prison sentence with a suspended sentence of twelve months. He was also asked to pay the victim £ 2,500 in compensation.
In February 2019, a Belfast resident got a flyer through his door promoting the services of Ashwood Landscapes and Drives. The consumer wanted to have gardening work done on his property, called the cell phone number on the flyer and asked for an offer. Mr McCann visited the consumer that afternoon and made him an offer of £ 5,000 to complete the agreed work on the driveway and garden. Mr. McCann immediately began work on the property by pulling flagstones up the existing driveway.
Mr McCann then asked the applicant for a cash advance of £ 4,000 after informing him that he needed the money to buy materials and pay his workers. He issued receipts for the amounts withdrawn and promised to come back the next day to continue with the work.
However, Mr. McCann did not return to the property. The consumer tried to contact Mr McCann using the cell phone numbers on the flyer but found that they were no longer being used. Mr McCann had also used a false name on the receipts given to the consumer, thereby preventing the consumer from being able to seek legal redress from the trader.
Although I had paid £ 4,000 no materials were ever delivered and, aside from lifting and stacking some flagstones in the front yard and some initial preparatory work, none of the remaining work agreed with Mr McCann was ever started.
In an interview with TSS, Mr. McCann denied any connection with the company or ever having been to the address where the fraudulent activity took place. However, TSS was able to link Mr. McCann to the fraudulent activity.
Alison Gilchrist of Trading Standards Service said, “This case shows that consumers should be careful about responding to flyers, no matter how professional they look. In many cases of door-to-door crime, the flyers contain incorrect information about the dealer’s contact details so that they cannot be traced in the event of a mistake. ”
Trading Standards Service offers the following tips for hiring a trader:
- Whenever possible, choose a dealer recommended by local family or friends.
- Never hire a dealer to come to your door looking for work.
- Check with the trade associations to find approved dealers in your area and use their arbitration procedures if disputes arise.
- Get quotes from at least three retailers to compare prices.
- Request the offer in writing to ensure that the price does not increase afterwards.
- Don’t pay until the job is done.
- Don’t be afraid to say no. It is your home and your choice.
Anyone who thinks they are similarly affected should contact Consumerline on 0300 123 6262.
Notes to the editors:
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- For media inquiries, please contact the press office of the Ministry of Economic Affairs at pressoffice@economy-ni.gov.uk.
- The Executive Information Service operates a service outside of business hours only for media inquiries Monday to Friday between 6:00 p.m. and 8:00 a.m. as well as on weekends and public holidays. The press officer on duty can be reached on 028 9037 8110.
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