Lurgan builder Benjamin McCaughley ordered to pay compensation to customer after making false promise of 10-year guarantee
A Co Armagh self-employed contractor has been fined £500 and ordered to pay £2,000 compensation to a customer after making a false promise of a 10-year guarantee for his work and providing misleading information about his business address.
Benjamin George John McCaughley, of Springhill Road, Lurgan, trading as Northern Asphalt & Paving, pleaded guilty to a charge under the Consumer Protection from Unfair Trading Regulations 2008.
He was taken to court in a case brought by the Department for the Economy’s Trading Standards Service (TSS). It was dealt with at Newtownards Magistrates’ Court.
A north Down resident complained to TSS after employing the 35-year-old to carry out landscaping work to her garden in June 2019.
He was paid £2,500 to complete the work which included building a retaining wall and constructing a raised patio area and assured the consumer that his work came with a 10-year guarantee and provided an invoice confirming this.
When the patio area began to sink soon after the work was completed, the consumer’s attempts to contact McCaughley at the address he provided were unsuccessful. Enquiries by TSS established that no such address existed.
A report from a consultant civil and structural engineer on the landscaping work concluded that the raised patio area should be removed and replaced with a proper, purpose built structure.
The charge against McCaughley covers misleading statements he made about his business address and his false promise of a 10-year guarantee.
Alison Gilchrist of the TSS said: “If consumers do not have a correct address for a business then their ability to seek redress when things go wrong is severely restricted. Misleading claims about guarantees can also give consumers a false sense of security when paying for home improvement work. TSS will continue to take enforcement action against traders that breach consumer protection legislation.”
TSS has issued advice for consumers seeking to have home improvement work carried out:
- Ask your neighbours, family and friends for recommendations.
- Speak to previous customers for references and view the work, where possible.
- Check if they are a member of a trade body with an arbitration scheme.
- Take your time on a decision, do not be pressurised into making a decision.
- Get at least three written quotes to compare.
- Never agree to work following a cold call or knock at the door.
- Never pay for work up front and part pay by card for added protection.
- Only pay for work once you are happy that it has been completed to the agreed standard.
- Always get a detailed written contract and agree a fixed price.
- Be careful when using online trader recommendation platforms and be aware that traders who respond to requests for work have not been approved by the platform.
Anyone who believes they have been similarly affected should contact Consumerline on 0300 123 6262.