Court raps firm in ‘cowboy builders’ legal action

Feb 21 2008

SOUTH Lanarkshire Council this week welcomed a landmark Court of Session ruling against a county firm.

MB Designs (Scotland) Ltd, a double-glazing supplier, which trades as The Quick Group of 13 Colvilles Road Kelvin Industrial Estate East Kilbride (also as Quick-Fit, Quick-Trade and Quick-Glass) have, as a result, given undertakings to the court about their future conduct.

The case, the first of its kind in Scotland, was brought by the Office of Fair Trading (OFT) with support from South Lanarkshire Trading Standards, following an unprecedented number of complaints from consumers from all over Lanarkshire and Glasgow.

Peter Sherry, head of consumer and trading standards, said: “MB Designs (Scotland) Limited and its directors, Martin Black and Paul Bett, have given undertakings to the Court of Session that they will not, in the course of business, breach certain consumer protection legislation such as to harm the collective interests of consumers.

“These undertakings will be closely monitored both by ourselves and by the OFT, in a bid to ensure that consumers are given the protection they deserve.”

Mike Haley, head of consumer protection at the OFT, said: “These undertakings are good news for consumers who should be able to rely on any business to supply and fit the double glazing products that they have ordered to a satisfactory standard. The OFT will closely monitor the undertakings and will if necessary take action if the undertakings are breached.”

In particular, the undertakings broadly state in the future they will:

lNot supply windows, doors or conservatories which are not of satisfactory quality, fit for the purpose for which they were purchased or do not correspond with their description.

lExercise a requisite level of skill and care of a reasonable competent installer of windows, doors or conservatories.

lNot rely on any term in their contracts which allows them to exclude liability for statements which do not appear in the written contract.

If these undertakings are breached, it could lead to further action for contempt of court.