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61/12 12 July 2012
The OFT has secured court orders against Optimum Care Mobility Limited ('Optimum'), a Derbyshire-based business that sold mobility aids such as stairlifts, scooters and specialist chairs, across the country. The orders prevent the company and its former directors from using unfair and misleading sales practices again.
The OFT was concerned that people, often the elderly or disabled, were being misled when they bought mobility aids from Optimum. The OFT worked closely with Derbyshire County Council's Trading Standards department during its investigation and was particularly concerned that Optimum:
The enforcement orders are against Optimum the company and Christopher Richard Hayball, a former director at Optimum, and prevent them from engaging in practices that breach consumer protection and consumer credit laws, including the conduct described above. They were obtained on 26 June 2012 from Nottingham County Court. The OFT also secured similar enforcement orders by consent on 2 April 2012 against Gary Frederick Price, and Linda Anne Price, both also former directors at Optimum.
This enforcement action is part of the OFT's commitment to tackle unfair sales practices by mobility aids suppliers and is the latest of a series of cases by both the OFT and Trading Standards Services across the UK. This follows the OFT's market study into the mobility aids sector last year.
Cavendish Elithorn, OFT Senior Director of the Goods and Consumer Group said:
'This action demonstrates the OFT's ongoing commitment to tackle unscrupulous behaviour in the mobility aids sector by working in partnership with other enforcers, in this case Derbyshire County Council.
'Many of Optimum's customers were elderly or disabled and subjected to misleading and excessively long sales pitches, and in many cases the business also failed to honour customers' legal cancellation rights. We also found examples of people paying much more for products they could have bought more cheaply elsewhere.
'These practices are unacceptable and we are pleased that the Court granted the enforcement orders we sought.'
Derbyshire County Council referred the case to the OFT after concerns that voluntary legal undertakings it had secured from Optimum and its directors to comply with the law were being breached.
Derbyshire County Council's Cabinet Member for Regeneration, Councillor Kevin Parkinson, said: 'We worked closely with the OFT on this case and are pleased with the outcome. We will continue to work with our partners to make sure that vulnerable people in Derbyshire are protected from rogue traders.
As part of an ongoing national awareness campaign, the OFT is encouraging people to shop around and understand their rights when buying mobility aids from doorstep traders. The OFT is encouraging people to consider the following advice when buying items in their homes:
For more information see www.oft.gov.uk/doorstepselling
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