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3/08 11 January 2008
Following action by the OFT with the assistance of South Lanarkshire Trading Standards, MB Designs (Scotland) Limited, trading as Quick-Fit, Quick-Trade and Quick-Glass, a Scottish-based double glazing supplier, has given undertakings to the Court of Session about its future conduct.
On 29 June 2005, following complaints from Trading Standards Services in Scotland, the OFT obtained interim enforcement orders in the Court of Session under Part 8 of the Enterprise Act 2002 against MB Designs (Scotland) Ltd and its directors, Martin Black and Paul Bett, for breaches of the Supply of Goods and Services Act 1982, the Sale of Goods Act 1979 and a contravention of the Unfair Terms in Consumer Contracts Regulations 1999. Although the OFT did not take steps to enforce the interim order, it did pursue an application for a final enforcement order.
MB Designs (Scotland) Limited and its directors, Martin Black and Paul Bett, have now 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. In particular, the undertakings broadly state in the future they will not:
If these undertakings are breached, this could lead to further action for contempt of court.
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.'
1. The undertaking was given to and noted by the Court of Session on 20 November 2007.
2. MB Designs (Scotland) Ltd registered office is at 54 Cowgate, Kirkintilloch, Glasgow Lanarkshire, G66 1HN.
3. The undertakings require MB Designs and its directors, Martin Black and Paul Bett, not to sell and supply defective conservatories and replacement windows and doors or use entire agreement terms which harm the collective interests of consumers. In June 2005 the OFT had obtained an interim order in similar terms. Press release 117/05 refers to this previous action.
4. Part 8 to the Enterprise Act 2002 improves consumer protection by giving enforcers such as the OFT and trading standards services strengthened powers to obtain court orders against traders that breach a range of specified consumer legislation to the harm of the collective interests of consumers.
5. Under the Supply of Goods and Services Act 1982, goods must be of satisfactory quality, fit for their purpose and as described. Under the Sale of Goods Act 1979, goods must be of satisfactory quality, fit for their purpose and must correspond with their description.
6. Under the Unfair Terms in Consumer Contracts Regulations 1999, a term is unfair in a contract and is not binding on the consumer if, contrary to the requirement of 'good faith', it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.
7. In taking this action the OFT worked very closely with South Lanarkshire Trading Standards Service which supplied the bulk of the complaints.
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