Trading Standards & Latest Prosecutions

To advertise as a FENSA registered company when a company is not is a criminal offence under the Trade Descriptions Act 1968.

Under the Trade Descriptions Act 1968 traders must describe goods or services they supply correctly. It is an offence to supply goods or services which are falsely described.

Companies who are not registered with FENSA are not permitted to use the FENSA logo from their website, any company paperwork, stationery and advertising.

Here are some of the companies that have been prosecuted for misleading the public by advertising as a FENSA registered Business when they are not;

Date: June 2008

• Accused: Glazing Installer
• Trading Standards: Cheshire (Macclesfield Magistrates Court)
• Offence: Pleaded guilty to 3 charges contrary to the Trade Descriptions Act 1968 including misuse of the FENSA logo.
• Fined £600, ordered to pay £2499 Prosecution Costs and a Victim Surcharge of £15
• www.cheshire.gov.uk/tradingstandards/home.htm

Date: December 2006

• Accused: Property solutions company based in Newport
• Trading Standards: Newport
• Offence: Trade Descriptions Act 1968 - including misuse of the FENSA logo.
• £2000 fine
• www.newport.gov.uk/_dc/index.cfm?fuseaction=tradingstandards.homepage

Date: May 2006

• Accused: Glazing Installer
• Trading Standards: Nottingham
• Offence: Trade Descriptions Act 1968 - including misuse of the FENSA logo.
• £2000 fine and £700 costs
• www.nottinghamcity.gov.uk/sitemap/services/business/trading_standards/about.htm

Date: August 2005

• Accused: Lancashire Double Glazing and Conservatory manufacturer
• Trading Standards: Wirral
• Offence: Trade Descriptions Act including misuse of the FENSA logo.
• £1000 fine plus £410 costs
• www.tradingstandards.gov.uk/wirral

Misuse of the FENSA logo is not only a criminal offence but can give the offending company an unfair commercial advantage, enabling business to be acquired unfairly.

This is unfair for FENSA Registered Businesses who have made the effort to comply with the eligibility criteria of FENSA registration, have been vetted and are regularly and independently assessed.

FENSA takes very seriously companies that mislead the public. FENSA notifies Trading Standards of any breach of the Trade Descriptions Act with a recommendation that legal action is taken.

Information about misuse of the FENSA logo is often brought to FENSA’s attention by consumers, FENSA registered installers or information received through www.cowboystoppers.co.uk.

FENSA deals with misuse of the FENSA logo and corresponds with the person who reported it, trading standards and the installer. Attempts will be made to investigate the reason and cause for the complaint. If co-operation is received from the installer and the FENSA logo is removed immediately, Trading Standards may chose not to prosecute. FENSA may be asked to produce a Section 9 Witness Statement for court purposes and asked to attend court hearings, which have led to successful prosecutions.

For further information on Trading Standards and to contact your local Trading Standards department, please go to www.tradingstandards.gov.uk. You can also contact Consumer Direct on 08454 04 05 06 and they will direct your complaint to the relevant Trading Standards authority.

Remember, if you suspect and have evidence that an installer is misusing the FENSA logo, not self certifying with a scheme like FENSA or obtaining approval from Building Control, submit this information online anonymously on www.cowboystoppers.co.uk.