A north-east roofing firm has been fined for falsely claiming it was approved by respected professional trade bodies.
Moray Firth Roofing Limited falsely advertised its reputation in the industry by wrongly claiming to be an accredited member of organisations, including the Master Guild of Craftsmen.
It plastered accreditation shields and logos all over its website, vans, flyers and Facebook page.
But the Elgin-based firm hadn’t actually been a member of any of the well-regarded associations for many years.
The company was caught out when an 83-year-old customer, who was having work done by the firm, became suspicious and discovered the traders were not accredited.
Boss and firm both in court
Moray Firth Roofing Ltd had falsely claimed to be a member of the Master Guild of Craftsmen, the Federation of Small Businesses and the Confederation of Roofing Contractors, Banff Sheriff Court was told.
The court heard the north-east business had previously been a member when the company was created in March 2015.
Kenneth Stewart, the firm’s sole director, was also charged under the Consumer Protection from Unfair Trading Regulations 2008.
The 47-year-old’s not-guilty plea was accepted by the Crown, but he was asked to remain in the courtroom while his company’s case was dealt with.
From August 9 to September 13 last year, Moray Firth Roofing Ltd gave their 83-year-old customer company paperwork that falsely stated the firm was accredited by various trade bodies.
Fiscal depute Andrew McMann explained: “The offence was brought to light when a member of the public instructed the company to carry out some roofing work on the basis they were endorsed by these bodies, going by the flyers and logos on the website”.
“It came to light that they were not a part of the Guild of Master Craftsmen and others. At one stage they were, but the payment was cancelled.”
He added that Mr Stewart had been “candid” with the agencies afterwards and accepted that old membership information was on his site and some paperwork.
“He told them they were removed instantly,” the fiscal said, and added: “The membership had lapsed several years before the offence before the court”.
It’s understood the matter was reported by the Banff resident “as part of an ongoing dispute between the contractor and client”, the court was told.
‘It was simply an oversight’
Defence agent John-Paul Gallacher, representing Stewart, said it was an “oversight” and that the business had suffered as a result of damage to its reputation.
He said the firm has not received payment for the works carried out at the pensioner’s home and stressed that the man’s son had been present at all times when they were working there.
“It was an oversight and the company accepts full responsibility.
“It was previously members of these associations and I believe these memberships lapsed two years ago.
“It was not a case of someone never being a member of these bodies, it was simply an oversight that they had elapsed,” Mr Gallacher added.
Stewart’s defence solicitor said that the shields or logos of accreditation bodies were removed from advertising as a matter of urgency.
But searches by the Press and Journal have revealed that they were still visible on the firm’s Facebook page at the time of publication.
Moray Firth Roofing Ltd admitted a charge of consenting or conniving to falsely claim that it had been approved by professional bodies.
‘Not out and out fraud as such’
Sheriff Robert McDonald said it could have been fined £10,000.
“I cannot say this is a trivial matter because people do choose their contractors by looking to see if they are a member of a recognised public or private body,” he said.
“People are aware that, if they choose an approved business, there might be recourse available to them if there’s a dispute.
“It gives guidance as to reliability and consumers do look for that. However, I am taking into account there was previous membership of these bodies. It was not out and out fraud as such.”
Sheriff McDonald said he also took into account whether harm was done, what culpability the firm had and that “steps were taken to immediately remove this advertising from flyers and sites”.
He fined Moray Firth Roofing Ltd, registered to Stewart’s home address of The Pines, Elgin, £2,075.
The sum must be paid within 28 days.
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.
