Double court blow for Safestyle

Bradford-headquartered window manufacturer and retailer Safestyle has been fined £120,000 for using sales practices which were aggressive, misleading or banned.

HPAS Limited of Bradford, which trades as Safestyle UK, was handed down the fine at Sheffield Crown Court yesterday, having pleaded guilty at an earlier hearing to multiple offences of breaching consumer protection legislation repeatedly across the country. The company were also ordered to pay prosecution costs of £52,393.

The company, which claims to be the ‘UK’s Number One supplier of replacement uPVC windows and doors, pleaded guilty to offences of using sales practices which were aggressive, misleading or banned. The sales practices took place in locations including Rotherham, Selby, Baildon, Coventry, Rochdale and Bristol.

Meanwhile, Safestyle announced this morning that it had not been successful in securing interim injunctive relief against the use of the Safeglaze UK brand – a competitor in the marketplace that Safetstyle is pursuing legal proceedings against for the misuse of confidential information, unlawful means conspiracy and malicious falsehood.

The conviction was secured by the West Yorkshire Financial Exploitation and Abuse Team (WYFEAT), a multi-agency partnership between West Yorkshire Trading Standards, West Yorkshire Police, Adult Social Care professionals and supported by the Police and Crime Commissioner for West Yorkshire.

The fine imposed on the company which manufactures and installs uPVC windows and doors, is the highest imposed in the county for breaches of the Consumer Protection from Unfair Trading Regulations 2008.

WYFEAT said that examples of the practices carried out by Safestyle included an 84-year-old from Rotherham was given misleading information about the cost of the work. When he complained by telephone to head office and indicated he would cancel, he was met with threats of ‘trouble’ if he tried to do so.

The body said another example was when an 85-year-old from Selby agreed to a sales representative calling after a canvasser had helped him in his garden. He was initially quoted £9,300 for two new windows. This dropped to £3,500 and he was subjected to pressure for an immediate decision despite receiving a company flyer which promised a ‘free no obligation quote valid for 12 months’. The salesman refused to put the quote in writing. The victim was also offered non-existent ‘Government allowances’ towards the cost of replacement windows, but did not take up the deal.

WYFEAT said another example centred around when lady from Baildon agreed to receive a quote. The salesman initially quoted £18,000, then £10,000 for replacement windows and after phoning a manager quoted £7,000. WYFEAT said: “The salesman was unhappy no order was placed. The consumer describes being given the “hard sell”.  In an attempt to secure an order the salesman at one time asked for a payment of £795 to guarantee the quote for 18 months so the windows could be installed in stages. The consumer was then subjected to multiple marketing calls in the 24 hours after she declined the quote.”

Dave Lodge, Head of Trading Standards said: “The case and the level of fines imposed illustrates the seriousness with which the courts view companies who flout the laws designed to protect the public in general and the elderly and vulnerable in particular, I hope the case will serve as a warning to those sectors of the home improvement industry who put the pursuit of profit before ethical, commercial standards.”

Mark Burns-Williamson, West Yorkshire’s Police and Crime Commissioner, added: “The behaviour consistently demonstrated by SafeStyle UK employees fell well below what is expected of any company, let alone an established brand.

“I welcome the substantial financial penalty imposed and the strong message this sends out that using aggressive, misleading behavior and banned practices absolutely will not be tolerated. My thanks to the members of the public for reporting these instances and to Trading Standards for all their hard work in bringing this case to court.”

Councillor Jo Hepworth, chair of the West Yorkshire Joint Services Committee, said “This case is another excellent result for WYFEAT and highlights the unfair trading practices used by Safestyle. Today’s sentence sends a message that action will be taken against any company or individual found to use unscrupulous sales tactics against consumers.”

Separately, Safestyle is also seeking a damages claim against a competitor in the marketplace. It is claiming injunctive relief and damages against NIAMAC Developments, trading as Safeglaze UK,  and a number of named individuals. 

Updating the markets this morning, Safestyle said several hearings had now taken place and put in place orders preventing Safeglaze UK and certain named individuals from undertaking various actions, and an order requiring them to provide specified documents to Safestyle.

At the second hearing, held yesterday, Safestyle was not successful in securing interim injunctive relief against the use of the Safeglaze UK brand. However, the Court upheld a number of injunctive orders previously made preventing Safeglaze UK and certain named individuals from undertaking various actions.

The court did make an order preventing Safeglaze UK from using Safestyle’s name or logo. The orders have been made on an interim basis, pending further order or final order of the court.

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