The OFT has welcomed the first use in court of new consumer protection laws following a case against Wiltshire traders whose customers complained of aggressive behaviour and poor quality work.

Wiltshire County Council's Trading Standards Department, with case support from the OFT, became the first consumer protection organisation in the UK to obtain an enforcement order under the new Consumer Protection from Unfair Trading Regulations 2008 (the Regulations).

The defendants, Jimmy Stockwell (also known as James Stockwell and James Cooper) and his son Shane Stockwell, engaged in general home handy man services and were the subject of a number of complaints of, among other things, aggressive behaviour and poor quality work. The Order, granted by His Honour Judge Cutler at Salisbury County Court, ordered the defendants not to breach a range of provisions in the Regulations including not to:

• act in a misleading manner by presenting false information or presenting it in a manner likely to deceive the consumer
• make contracts away from business premises without first notifying the consumer in writing of their cancellation rights
• act in an aggressive manner either in attempting to get the consumer to enter into a contract or by obtaining payment
• act without professional diligence.

They were also ordered not to breach the general rule of law of negligence when providing home handy man services. If the defendants disobey the terms of the Order they face being found in contempt of court which can attract imprisonment, a fine, or both.

Mike Haley, Director of Consumer Protection at the OFT, which has responsibility for case support, said:

'The new consumer protection regulations provide a stronger regime to protect consumers and this landmark action by Wiltshire Trading Standards is a warning that life is about to get much tougher for rogue traders.'

Steve Clover of Wiltshire County Council TSD said:

'This was a case which demanded immediate action. Many of the victims were elderly or otherwise vulnerable and the new Regulations provided an ideal way to deal with the behaviour. With help from the OFT and of course superb assistance from our own legal team we were able to move very quickly'.

Consumer Affairs Minister Gareth Thomas, said:

'The Government introduced these new regulations to enable Trading Standards and the OFT to crack down on rogue traders. That's exactly what has happened in this case and my congratulations go to everyone involved. Life is going to get tougher for the small minority of rogue traders who subject customers to aggressive commercial practices to make a sale.'

NOTES

1. The substantive hearing took place on 31 July 2008 at Salisbury County Court in which HH Judge Cutler made a final Order in the same terms as an Interim order on 8 July.

2. The Unfair Commercial Practices Directive (UCPD) was adopted on 11 May 2005. The Consumer Protection from Unfair Trading Regulations implementing the EU Directive in the UK, came in to force on 26 May 2008. For more information see the BERR website.

3. For more information, please contact Andrew Tilley, principal trading standards officer at Wiltshire County Council on 01225 713549 or Wiltshire County Council's communications team on 01225 713114/5/6.