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Rogue Traders Prosecutions

To advertise as a FENSA registered company when a company is not is a criminal offence under the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.

Under the Trade Marks Act 1994 traders must not have unauthorised use of a registered trade mark. Companies who are not registered with FENSA are not permitted to use the FENSA logo from their website, any company paperwork, stationery and advertising.

Under the Consumer Protection from Unfair Trading Regulations 2008, traders must not mislead a consumer or a business that they are registered with when they are not, thereby causing them to make a transactional decision that they would not otherwise have made. It is an offence to supply goods or services which are falsely described.

Here are just a few examples of companies that have been prosecuted for misleading the public by falsely advertising as a FENSA registered business

Date

Accused

Trading Standards

Offence

Fine

March 2016

Company: Highgrove Windows

Director: Michael John Houlihan

Metropolitan Police Service

8 counts of fraud with regards to the windows etc. not fitted and was today sentenced to two years custodial sentence suspended for two years.

No costs or compensation orders were awarded on conviction due to a lack of assets.

January 2016

Company: Summit Roofguard Ltd, trading as Status Glass

Directors: Sarah BEADLE , Martin EVANS , Trefor PRYTHERCH, Derrick FISHER, Glenys Bolton

Dudley Trading Standards

A total of 64 criminal Offences under the Consumer Protection from unfair Trading Regulations 2008.

Sentenced to jail terms of 2½ years each.

January 2016

Director: Mr. Paul McCutcheon

Middlesbrough

6 counts of fraud
2 CPRs offences relating to the improper use of your FENSA logo.

Sentenced to 21 weeks suspended for 12 months. Compensation orders and £4752.12 plus prosecution costs.

April 2015

Company: right Windows UK Ltd, London

 Directors: Mr. Muhammad Bashir and Mr. Saqib Malik

London Borough of Brent and Harrow

Trade Marks Act 1994, including misuse of the FENSA logo.

 Falsely claiming to be with FENSA on their company website, business cards and office signage

Both the company and two directors were fined £2,000 each.

Plus ordered to pay costs of £441 and £400 for each defendant.

Misuse of the FENSA logo is not only a criminal offence but can give the offending company an unfair commercial advantage, enabling business to be acquired unfairly.

This is unfair for FENSA Registered Businesses who have made the effort to comply with the eligibility criteria of FENSA registration, have been vetted and are regularly and independently assessed.

FENSA takes very seriously companies that mislead the public. FENSA notifies Trading Standards of any breach of the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.with a recommendation that legal action is taken.

Information about misuse of the FENSA logo is often brought to FENSA’s attention by consumers, FENSA registered installers or information received through www.cowboystoppers.co.uk..

FENSA deals with misuse of the FENSA logo and corresponds with the person who reported it, trading standards and the installer. Attempts will be made to investigate the reason and cause for the complaint. If co-operation is received from the installer and the FENSA logo is removed immediately, Trading Standards may chose not to prosecute. FENSA may be asked to produce a Section 9 Witness Statement for court purposes and asked to attend court hearings, which have led to successful prosecutions.

For further information on Trading Standards and to contact your local Trading Standards department, please go to www.tradingstandards.gov.uk. You can also contact Consumer Direct on 08454 04 05 06 and they will direct your complaint to the relevant Trading Standards authority.

Remember, if you suspect and have evidence that an installer is misusing the FENSA logo, not self certifying with a scheme like FENSA or obtaining approval from Building Control, submit this information online anonymously on www.cowboystoppers.co.uk..

Click here to view the 'Consumer Guide to Cowboys'