Posted on: 16 July 2018
A used car dealer has been ordered by a judge to pay £7,365 – and could go to prison for six months if he defaults.
Malvin Price of Chilton Cantelo, Somerset, was sentenced on Wednesday 11 July at Taunton Crown Court for breaches of Consumer Protection legislation.
The court ordered he had to pay compensation to his victims and fined him for the regulatory breaches.
In total he will have to pay £7,365, made up of £6,045 in compensation, fines of £650, and costs of £500 and a victim surcharge of £170.
This follows his conviction on 15 May 2018 at Yeovil Magistrates Court, Somerset, when after a two day trial he was found guilty on seven charges.
The offences which occurred over a period from 2015 to 2017 involved contravening the requirements of professional diligence, acting aggressively toward a consumer, and misdescribing vehicles while trading as a used car sales, vehicle storage unit and vehicle repairs at Adberweld, Chilten Cantelo, Yeovil. His business names included Rhino Auto Care Ltd and Service Sure South West Ltd.
The trial followed an investigation and subsequent prosecution brought by Devon, Somerset and Torbay Trading Standards Service which was prompted by a number of complaints regarding the sales and services provided by the salesman.
The court heard from victims who had purchased vehicles from, had arranged for the storage or repair of their vehicles with Mr Price between June 2015 and July 2017.
The charges include two vehicles described by Mr Price as having a valid or significant period of MOT which they did not. One vehicle sold through eBay which was not delivered or refunded by Price. Another victim made payment for a new engine for which neither the work had been undertaken or the vehicle returned to its owner, a refund had not been received. Price also took payment for internal storage of a vehicle which had been outside and acted aggressively when questioned by its owner.
All victims have suffered financial loss and stress in relation to their transactions with Price.
Price had previously been prosecuted in 2016 for Trading Standards offences when he sold vehicles described as having “new clutch and brakes” which they did not and was order then to pay a total of £4,250 in fines and damages to the victims.
Stephen Gardiner, Interventions Manager for Devon, Somerset and Torbay Trading standards, said:
“We’re pleased to have got Orders for some money back for some of the victims in this case. We won’t tolerate traders who try to avoid liabilities by reacting to valid complaints with deliberate aggression, as was the case here. Consumers should look for membership of reputable trader schemes, such as our own Buy With Confidence and check claimed memberships are valid.”