1st November 2019

Mobility company director guilty

The director of a company that failed to fulfil orders and refused to refund its elderly and vulnerable customers has been successfully prosecuted.


By JTS Staff
Journal of Trading Standards' in-house team
TYPE
SUBJECT
REGION
SHARE ARTICLE
Anchor Mobility Ltd and David Waters owed their customers a special duty of care, but instead caused vulnerable people great stress, anger and financial loss that they could ill afford

A Suffolk business and its director have been successfully prosecuted by Suffolk County Council Trading Standards for a total of 31 offences.

David Waters, sole director of Anchor Mobility Ltd, appeared at Ipswich Crown Court for a three week trial which began on October 10.

The jury were unanimous in finding Anchor Mobility Ltd and Mr Waters guilty on 30 counts, and by a majority of eleven to one on the remaining count. The sentencing hearing will be on December 19.

Waters was found guilty of offences including fraudulent trading under the Companies Act 2006, engaging in unfair commercial practices, multiple offences of misleading consumers by taking large deposits with the promise of delivering goods without doing so and failing to refund consumers under the Consumer Protection from Unfair Trading Regulations 2008.

On announcing the verdict, Judge Peters said: “I am very much considering sending you to prison. You dealt with elderly, vulnerable and in some cases disabled people and you frankly swindled tens of thousands of pounds from them.”

One customer paid more than £8,000 for two beds, which were never delivered, and no refund was ever received.

Waters had been involved in two previous companies which supplied similar products that were prosecuted by Suffolk County Council’s Trading Standards.

Stuart Hughes, the Senior Trading Standards Officer who led the case, said: “Many of the customers involved were elderly, vulnerable and suffering serious illnesses or disabilities.

“They paid money in good faith, often up front, for furniture intended to improve their quality of life. Instead they received no goods, no refunds, poor customer service and further empty promises.

“Anchor Mobility Ltd and David Waters owed their customers a special duty of care, but instead caused vulnerable people great stress, anger and financial loss that they could ill afford.”

Councillor Richard Rout, Suffolk County Council’s cabinet member for Environment and Public Protection, said: “I am in disbelief that David Waters and his business thought it acceptable to mislead customers and abuse their position of power. Hearing the accounts of some of those who have suffered has been genuinely heart-breaking.

“I am grateful to our Trading Standards officers and partner agencies for bringing them to justice and safeguarding vulnerable residents, not just in Suffolk but across the country. Their actions also help to create a level playing field for honest traders and help to protect the legitimate economy of our county and beyond.”