12.08.05

Wrexham Trading Standards secures binding undertaking from local driveway company

The Director of a local driveway company has given an undertaking to Wrexham Trading Standards to supply and install customer driveways in a reasonable time. Town and Country Driveways Limited based in Bronington have given an undertaking that in future they will not breach Section 14 of the Supply of Goods and Services Act 1982 and that they will carry out work within a reasonable timescale agreed with customers. Under the provisions of the Enterprise Act if this undertaking is broken Wrexham County Borough Council can seek a Court Order against the company, failure to obey such a Court Order will be seen as contempt of court which can lead to a fine or imprisonment.

The above course of action was taken by Wrexham County Borough Council following nation-wide complaints about long delays in completing and installing driveways once substantial deposits had been paid to the company. Town and Country Driveways Limited were fully co-operative with Wrexham County Borough Council's investigation and it is hoped that this course of action will prevent any further problems in the future.

NOTES

• Wrexham County Borough Council sought an undertaking under Part 8 of the Enterprise Act 2002 which came into force on 20 June 2003. The Enterprise Act improves consumer protection by giving enforcers strengthened powers to obtain court orders or undertakings against traders that breach a range of consumer legislation; controlling activities such as misleading advertising, misleading price indications, lotteries, sale of goods and services, underage sales, estate agency, misleading health claims, trade descriptions, mock auctions, timeshare, unfair terms in consumer contracts, doorstep selling, distance selling, package travel and consumer credit.

• For the purposes of Part 8 of the Enterprise Act 2002, an act done or omission made by a person in the course of business in breach of a contract for the supply of goods or services to a consumer and which harms the collective interests of consumers in the UK, is a domestic infringement.

• Section 14 of The Supply of Goods and Services Act 1982 stipulates that in a contract for the supply of a service by a supplier acting in the course of a business, the time for the service to be carried out if not fixed by the contract then there is an implied term that the supplier will carry out the service within a reasonable time.

For further information contact Kevin Jones Senior Trading standards Officer - Commerce 01978 296060.