A painter and decorator who took a £500 deposit for work he never carried out has been ordered to repay the customer he let down.
Barry Kerr, 30, appeared in the dock at Aberdeen Sheriff Court where he admitted to defrauding the woman.
Kerr had previously agreed to do extensive painting and decorating work at her home, having quoted her £1,600 and demanded an initial deposit of £500.
However, despite the deposit being paid, the work was never done – leaving his victim hundreds of pounds out of pocket.
She was forced to contact the police after her repeated requests to be compensated for the financial loss continued to be ignored.
Forfar painter and decorator ignored chances to avoid fraud conviction
Fiscal depute Eilidh Gunn told the court that on December 19 2022 at an address in St Cyrus, the woman contacted Kerr and asked him to provide a quote.
Kerr met with the woman at her home and quoted £1,600, telling her he needed £500 in advance.
He followed up with a message to the woman, stating: “Hi there, just confirming I will be starting on December 27. Deposit will be made of £500.”
Following this message, he forwarded his bank details and said he would be in touch after Christmas.
However, by December 31, the work had still not started and the woman requested a refund.
Kerr responded saying that he had lost his phone and that a full refund would be issued, adding that he had already spent money on materials.
By January 5 2023, the woman had still not received her money and he continued to ignore her requests, even when she said she’d accept a partial refund.
The woman then contacted the police.
In the dock, Kerr pled guilty to one charge of fraud.
Barry Kerr blamed his fraudulent behaviour on his chaotic lifestyle
Defence solicitor Alex Burn told the court that his client had “fallen into a depression” at that time due to the end of his relationship.
“It was a toxic relationship and Mr Kerr turned to drink and drugs,” he said.
The solicitor added that Kerr had intended to pay the woman her money back but, due to the chaotic nature of his life at that time, he wasn’t in a position to.
Sheriff Nigel Cooke told Kerr: “The court takes a serious view of these types of offences. But you do seem to realise the seriousness of your behaviour.”
As an alternative to a prison sentence, Sheriff Nigel Cooke imposed a community payback order on Kerr, which included supervision.
The offender was ordered to carry out 100 hours of unpaid work and Kerr, of Market Place in Forfar, was also told to repay the full £500 sum to the woman.
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