OFT wins landmark ruling in Scottish court

117/05 30 June 2005

Interim enforcement orders have been granted against a Scottish-based double glazing supplier for providing poor goods and services to consumers, following OFT action.

In the first court action of its kind in Scotland by the OFT the Court of Session granted the interim enforcement orders under Part 8 of the Enterprise Act 2002 against MB Designs (Scotland) Ltd and its directors, Martin Black and Paul Bett, for breaches of the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979 while selling and installing conservatories and replacement windows and doors. The move follows a number of complaints which were referred to the OFT by trading standards departments in Scotland.

The OFT's case was that MB Designs had supplied goods of unsatisfactory quality and which were unfit for their purpose, as well as supplying goods that did not match the original description or contract. The company also failed to take reasonable care when installing goods or appointing third party installers.

The interim enforcement orders mean that MB Designs will be required to improve its trading practices to supply conservatories and replacement windows and doors that are fit for their purpose, are as described and fitted to a satisfactory standard. If the interim enforcement orders are breached, this could lead to further action for contempt of court.

MB Designs was given the opportunity to sign undertakings that it would not repeat these breaches, which it refused.

Welcoming this judgment, Sir John Vickers, OFT Chairman, said:

'This is a good result for Scottish consumers having work done on their home. They are entitled to have the job done well. The OFT will continue to protect consumers from suppliers that cause harm to consumers through bad workmanship.'

NOTES

1. MB Designs (Scotland) Ltd registered office is at 54 Cowgate, Kirkintilloch, Glasgow, Lanarkshire G66 1HN.

2. The interim enforcement orders require MB Designs and its directors to stop selling and supplying defective conservatories and replacement windows and doors or using entire agreement terms which harm the collective interests of consumers. The interim order is a temporary order. The OFT will now seek a full enforcement order which if successful will make the order permanent.

3. Part 8 to the Enterprise Act 2002 came into force in June 2003 and improves consumer protection by giving enforcers such as the OFT and trading standards services strengthened powers to obtain court orders against traders that breach a range of specified consumer legislation to the harm of the collective interests of consumers.

4. Under the Supply of Goods and Services Act 1982, goods must be of satisfactory quality, fit for their purpose and as described. Under the Sale of Goods Act 1979 goods must be of satisfactory quality, fit for their purpose, must correspond with their description.

5. South Lanarkshire TSS supplied the bulk of the complaints, and some also came from the Aberdeen area.

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