Double glazing firm's chequered history

Jun 26 2008 by John Rowbotham, Hamilton Advertiser

‘COWBOY’ double glazing company MB Designs (Scotland) have twice been the subject of landmark legal judgements prompted by customer complaints.

Three years ago, following proceedings in the Court of Session, Lord Drummond Young granted interim enforcement orders against the company.

It required the company and directors to improve trading practices and supply conservatories and replacement windows and doors that were fit for their purpose.

The company were also told to ensure that goods were as described and fitted to a satisfactory standard.

The action was the first of its kind to be heard in the Court of Session, and followed more than two years of work by South Lanarkshire Council’s Trading Standards team and the Office of Fair Trading.

Trading Standards officers dealing with the case at that time received no fewer than 299 complaints about the company, and a further 47 grievances were lodged on a telephone helpline.

Many of the complaints came from customers in Hamilton, Larkhall, Blantyre and other parts of South Lanarkshire.

Trading Standards officers tried to mediate in many of the complaints, and work involving grievances from MB Designs customers took up much of their time.

However, following continued breaches of the 2005 order, the company were brought back to the Court of Session.

And in February this year, directors Martin Black and Paul Bett gave undertakings that they would not, in the course of business, breach certain consumer protection legislation such as to harm the collective interests of consumers.

Mike Haley, OFT head of consumer protection, said at the time: “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.”

It is understood that trading standards officers were probing alleged breaches of the undertakings given to the court when the company went into liquidation.

Bentley-owner Martin Black, who lives in a palatial house at 11 Silverwells Crescent, Bothwell, and was the driving force behind the company, resigned as a director in March this year.

His son Fraser subsequently joined the board.

Double glazing trade sources told the Advertiser that Black will have to comply with the undertakings given to the Court of Session, even if he sets up another company.

“Under the Enterprise Act, such undertakings given by a director remain with them for life,” he added.

“If someone in that position starts another company and persists in unfair trading practices, they can be held in contempt of those undertakings and brought back to court.”