Caithness Map :: Links to Site Map Paying too much for broadband? Move to PlusNet broadband and save£££s. Free setup now available - terms apply. PlusNet broadband.  

 

Trading Standards take action against Fireplace Business

12th April 2017

A Local business has been found in contempt of court after breaching an Enforcement Order previously issued following action taken by Highland Council Trading Standards.

On the 12th April 2017 at Inverness Sherriff Court Ms Diane Urquhart, Director of Inverness Fireplace and Heating Centre and Mr Michael Armour also of Inverness Fireplace and Heating Centre were found in breach of an Enforcement Order issued under the Enterprise Act 2002 and in contempt of court.

A very high number of complaints about non-delivery and shoddy workmanship had been received by Trading Standards and an Enforcement Order had been obtained from the Sheriff Court in November 2015. The Order placed a condition on the business that they must improve their business practices by ensuring that future work undertaken by them would be carried out with reasonable care and skill and without excessive delay. The business continued to be monitored by Trading Standards and further complaints were received which indicated that their business practices had not improved and that they had breached the terms of the Enforcement Order.

Trading Standards Manager David MacKenzie said: "We will work with businesses to ensure compliance and improve trading practices. However, we will not hesitate to take firm action against businesses that persistently treat consumers badly."

The Highland Council Trading Standards is part of Corporate Development, Highland Council, Glenurquart Road, Inverness

The Highland Council Trading Standards obtained an Enforcement Order on the 3rd November 2015 under the provisions of the Enterprise Act 2002 against Inverness Fireplace and Heating Centre in relation to work not being carried out with reasonable care and skill and within a reasonable time as required under common law.

The Enterprise Act 2002 provides an alternative to prosecution for Trading Standards authorities. It seeks to deal with bad practices in a constructive way by imposing legally-binding requirements on businesses and individuals in relation to their future trading activities.

Investigations under the Enterprise Act can lead to a range of outcomes, depending on the seriousness of the breaches and the attitude and co-operation of the individuals involved. Informal assurances from businesses are often appropriate "disposals" for less serious cases. The next "level" being a formal undertaking as to future conduct. This is a legally-binding document signed by the representatives of the business. The final option is an Enforcement Order. Breach of an Enforcement Order may be contempt of court which is punishable by an unlimited fine or imprisonment.

The Enterprise Act provides the framework for taking legal action in terms of breaches of a wide range of consumer protection legislation. In this case, officers found evidence of breaches of the following both civil and criminal legislation as follows:

• law of contract relating to the provision of sub-standard work and failure to complete work within a reasonable time.

• Electronic Commerce (EC Directive) Regulations 2002 (as amended) by failing to make available to the recipients of an information society service, in a form and manner which is easily, directly and permanently accessible (a) the name of the service provider; (b) the geographical address at which the service provider is established; (c) the details of the service provider, including his electronic mail address, which make it possible to contact;

• The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 by failing to disclose its registered name on (a) its business letters, notices and other official publications; (b) its bills of exchange, promissory notes, endorsements and order forms; (e) its bills of parcels, invoices and other demands for payment, receipts and letters of credit;

• The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 by failing to disclose (a) the part of the United Kingdom in which the company is registered; (b) the company's registered number; (c) the address of the company's registered office; on (a) its business letters; (b) its order forms; and (c) its websites;

• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 by failing to give consumers the prescribed information regarding that contract

• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 by failing to deliver goods to the consumer within 30 days of the contract, in circumstances where a specific date of delivery was not agreed;

 

Related Businesses

 

Related Articles

Watch out for fake job offers online
As part of Scam Awareness Month, Caithness Citizens Advice Bureau and Highland Council Trading Standards want to alert young job seekers about the potential pitfalls when applying for jobs or signing up to recruitment agencies online.   Glenys Brown, Trading Standards Officer, based in Inverness explains, "Unfortunately, nationally, there has been a sharp rise in the number of online job hunting scams and the age group most likely to be targeted with fake job offers are young adults aged between 18 to 24 years".  
20/7/2017
Your Views Wanted On Draft Local Housing StrategyThumbnail for article : Your Views Wanted On Draft Local Housing Strategy
The Highland Council is looking for your views on our draft Local Housing Strategy.   The strategy sets out our aims for housing over the next 5 years and what we will do to.  
20/7/2017
Council confirms Corran Ferry is back up and runningThumbnail for article : Council confirms Corran Ferry is back up and running
Council confirms Corran Ferry is back up and running.   The Highland Council is pleased to report that at 12.30pm today (Thursday 20 July 2017) the Corran Ferry fully resumed its foot passenger and car service.  
14/7/2017
More Centralisation As Council Leader Calls For Transparency On HMRC Move To Edinburgh
Leader of The Highland Council, Cllr Margaret Davidson is calling for transparency on the UK Government's announcement this week that Council Leader calls for transparency on HMRC move to Edinburgh Leader of The Highland Council, Cllr Margaret Davidson is calling for transparency on the UK Government's announcement this week that 2,900 HMRC civil servants will be relocated to a new hub in Edinburgh city centre by 2020.   Councillor Davidson said: "I am very concerned that Inverness is cited in news coverage of the UK Government's intention to move HMRC staff in regional offices to Edinburgh.  
13/7/2017
Highland Council Step Challenge WinnersThumbnail for article : Highland Council Step Challenge Winners
Teams from The Highland Council have been walking back to happiness and feeling the benefits of more active lifestyles following completion of the summer Step Count Challenge, run by Paths for All.  The 8 week challenge, which attracted 968 teams of 5 from across Scotland started in May and finished on 25 June 2017.  
13/7/2017
Free City Centre Wifi Is A Big Hit For Inverness And The Highland CouncilThumbnail for article : Free City Centre Wifi Is A Big Hit For Inverness And The Highland Council
Inverness, the largest city in the Scottish Highlands, has seen over 17,000 people access its free city centre WiFi in just 6 months following a collaboration between The Highland Council, Purple and Rapier Systems.   The Highland Council sought a WiFi solution that would allow them to identify who visits the city and gain a way of effectively communicating with people.  
10/7/2017
Don't let Scammers identify you through your mobile number warn Highland Trading Standards
Trading Standards officers at The Highland Council have discovered a new scam threat to local consumers.   A local man was cheated out of a substantial sum by a conman posing as a reputable property landlord who used the man's mobile number to find out personal information from his Facebook account.  
10/7/2017
National concerns prompt Highland checks on UV tanning equipment in Highland
The Highland Council, one of several local authorities in Scotland which license UV tanning salons, will be conducting an audit on all licensed premises in Highland to verify compliance with EU safety standards regarding the output of ultra violet (UV) radiation.   Environmental Health Officers have become increasingly aware of concerns nationally whereby the UV bulb strength in many cases have been found to exceed the standard for such equipment.  
6/7/2017
No change? Just ‘RingGo' with Highland Council parkingThumbnail for article : No change? Just ‘RingGo' with Highland Council parking
Motorists using Highland Council car parking machines will no longer have to search for change with the introduction of ‘RingGo' phone parking payments across the region.   RingGo is a quick, easy to use mobile phone service, which lets motorists pay for their parking with a credit or debit card, rather than using cash at a machine.  
5/7/2017
Stronger Penalties For People Sharing Intimate Images
Prosecuting people who share or threaten to share intimate images without consent will be easier under a new law which comes into force this month.   From 3 July 2017, those convicted the offence could face up to five years in prison under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.  

[Printer Friendly Version]