Court grants order against Berkshire builder

55/04 24 March 2004

Following action by the OFT, the High Court has granted an order against a Berkshire-based builder preventing him from making promises to carry out building work, and taking money for it, with no intention or ability to carry it out; and also from failing to complete building work within a reasonable time, or at all.

Paul Tedesco, Director of Kyte Abbey Building Services Ltd, consented to the order although claiming he had done nothing wrong. The OFT brought the action after Mr Tedesco, formerly known as Joseph Gauci, had in the OFT's view acted in breach of written assurances given to the OFT that he would stop:

obtaining money transfers by deception
obtaining property by deception
obtaining services by deception
knowingly or recklessly making false statements as to the provision of services
failing to carry out services within the agreed time or, where no time was agreed, within a reasonable time or at all
failing to satisfy county court judgments obtained by consumers in respect of breaches of their contract.

The order prevents Mr Tedesco from contravening the Trade Descriptions Act and the Supply of Goods and Services Act, in particular:

knowingly or recklessly making false statements as to the provision of services
failing to carry out services with the agreed time or, where no time was agreed, within a reasonable time or at all.

Welcoming the High Court order, John Vickers, OFT Chairman said:

'Consumers have a right to receive the services they pay for within a reasonable time. The OFT will take robust action against traders who breach assurances they have given.'

NOTES

1. The order was made under Part 8 of the Enterprise Act 2002.

2. Tedesco, then known as Joseph Gauci, previously provided written assurances as to his future conduct under Part III of the Fair Trading Act 1973. Part III of the Fair Trading Act 1973 was superseded by Part 8 of Enterprise Act 2002 which came into force on 20 June 2003. The Enterprise Act improved consumer protection by giving enforcement partners strengthened powers to obtain court orders against traders that breach a range of consumer legislation.

3. The assurances given were not to contravene sections 15A and 15 of the Theft Act 1968, section 1 of the Theft Act 1978, section 14 of the Trade Descriptions Act 1968, and section 14 of the Supply of Goods and Services Act 1982.

4. Breaches of a court order is contempt of court and could lead to imprisonment or an unlimited fine.

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