Virgo Receives Record Fine For Unfair Sales Tactics

    Laura Anderson Limited of Bradford who trade as Virgo Home Improvements have been fined £33,000 in Leeds Crown Court having pleaded guilty at an early hearing to multiple offences breaching consumer protection legislation.

    West Yorkshire Trading Standards Service who brought the prosecution state that the fine imposed on the company which supplies and fits uPVC fascias, guttering, windows and doors, is the highest imposed in the county for trading standards breaches.

    The offences related to:

    • making persistent, unwanted sales marketing calls
    • ignoring a request to leave and not return to the home of a pensioner suffering from Alzheimer’s disease
    • obtaining a contract from a vulnerable 89 year old lady suffering from dementia for £3050 of unnecessary work on her home

    7 complainants who had received unwanted sales calls were aged 73-85 (one aged 25 suffered from cerebral palsy) and lived in Leeds, Barnsley, York, Preston and Oxford. All had had work carried out by Virgo or had received a sales pitch in the past, and then found themselves subjected to repeated sales calls which continued despite requests for them to stop.  It was clear the company’s system for blocking numbers was grossly inadequate. Some of older victims described the calls as ‘overwhelming at times’ others had come to dread the phone ringing.

    In a separate incident which occurred in Newport Pagnall near Milton Keynes a lady discovered a sales representative from Virgo on the doorstep talking about home improvements to her 71 year mother who suffered from Alzheimer’s disease. The salesperson was left in no doubt the visit was unwelcome and the company must remove all contact details of the individual concerned. Despite this the sales representative did return a month later. Again the victim’s daughter insisted her mother was removed from all marketing lists. Later the same month Virgo attempted to arrange a further appointment by telephone.

    In the final incident  Virgo made an appointment for a sales visit to an 89 year old female living alone at her home in Cookridge, Leeds.   She was diagnosed with dementia in 2015 but prior to the formal diagnosis she had suffered confusion and memory loss.  She had been housebound since 2012 and had the support of a carer who visits daily.  She is hard of hearing and incapable of making any financial decisions about major purchases.

    Despite all this a salesman obtained a contract for £3050 worth of guttering, fascias and soffits. This was subsequently cancelled. A chartered surveyor who inspected the property found no fault with existing fittings which needed nothing more than cleaning and leak testing –a £120 job. He regarded the proposed work had it been necessary as grossly overpriced.

    The company committed 3 of the offences after legal proceedings for the rest had commenced.

    The Consumer Protection from Unfair Trading Regulations 2008 prohibit a wide range of unfair commercial practices: these include making persistent unwanted solicitations by phone, ignoring a request to leave and not return and recklessly or knowingly breaching the requirements of ‘professional diligence’ –this means conduct falling below that of honest market practice adversely affecting the purchasing decisions of consumers.

    His Honour Judge Clark imposed a fine of £33,000 on the company and awarded costs of £8,500 commenting that whilst accepting the company had not set out to target the elderly, its mass marketing techniques meant it must take its victims as they found them –and some of their victims were among the most vulnerable in society.

    Dave Lodge, Head of West Yorkshire Trading Standards commented: ‘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. If anyone, including sales personnel or ex sales personnel has any information about any illegal sales tactics please contact Citizens Advice Consumer Helpline 03454 04 05 06.’

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