Trading standards criticised for response to Harrogate builder

North Yorkshire County Council’s trading standards department has been accused of not taking complaints about a Harrogate builder seriously.

Over a period of at least seven years, James Moss has set up and closed several new companies and has been ordered by the civil courts to pay tens of thousands to customers following multiple complaints of shoddy workmanship.

Yet trading standards, which has been aware of Moss since at least 2014, recently closed an investigation following a complaint due to a lack of evidence, which it said was “hampered” by the covid pandemic.

Trading Standards has the power to investigate cases that could ultimately result in a criminal record, fines, disqualification from acting as a director or even imprisonment.

People who have made complaints against Moss though to trading standards told the Stray Ferret that it could have acted against him years ago and spared a trail of misery for his customers.

2014: “Nothing happens”

Kev, who asked us not to use his surname, bought a fireplace from James Moss in Harrogate in 2014.

After the builder “made a mess of it”, the county court ordered Moss to repay some money back, which he has not received seven years later.

Kev said he complained to trading standards about Moss but was disheartened after the complaint went nowhere. He said “they didn’t seem to be bothered.”

Even though his dealings with Moss were many years ago, Kev said it was a stressful time for him and his wife who are still troubled by the experience today. 

He believes that if trading standards had taken tough action following his complaint in 2014, it could have prevented James Moss from trading by the courts.

“At the end of the day they have procedures, but nothing happens.”

2018: “Fobbed off”

In March 2018, four years on from Kev’s complaint, trading standards began an investigation into James Moss following a complaint from Karen Macgillivray-Fallis from Burton Leonard.

Ms Macgillivray-Fallis submitted her complaint after the builder left a garage conversion in such a state it had to be demolished.

But she has grown frustrated with the speed of their investigation into her case and says she felt “fobbed off” and “not taken seriously” by the department.

She said it took until September 2018 before she was even asked to submit a formal statement.

In October 2020 she received a letter from NYCC’s trading standards which said its investigation into Moss has been closed.

It had been exploring whether he had breached the Consumer Protection From Unfair Trading Regulation 2008 and the Fraud Act 2006 whilst working for Ms Macgillivray-Fallis.

The letter, which has been seen by the Stray Ferret, said it was closing the investigation due to a lack of evidence. It also blamed the covid crisis for hampering its inquiries, which Ms Macgillivray-Fallis said is not good enough.

She said:

“Using the pandemic as an excuse for inaction is a bit crass.”

“It’s just heartbreaking. I hate injustice.”

“Toothless tiger”

In the time that Ms Macgillivray-Fallis made her initial complaint to trading standards in 2018, others, including Gill Lawrence, Vicky Cooke and Anna McIntyre have all won civil cases against James Moss.

Moss has also set up eight new companies and dissolved five of them.

Last month, Ms Macgillivray-Fallis won her own case against Moss in the Harrogate small claims court when he was ordered to pay almost £10,000. 

Despite the civil courts ruling against Moss time and again, we are not aware of trading standards taking any firm action against the builder.

We spoke to one person who was so defeated after a previous experience with trading standards that he didn’t bother making a complaint after being unsatisfied with the quality of James Moss’s work.

He called the department a “toothless tiger”.

“A strong track record”

James Moss has always maintained his building work has been of good quality and has disputed some of the court claims against him. He told the Stray Ferret in November last year that he has ceased trading as a builder.

In a statement released to the Stray Ferret, Matt O’Neill, assistant director of growth, planning and trading standards, said he would not comment on individual cases but defended the department’s track record.

He said:

“Our trading standards service is determined in its enforcement work, not only to protect the residents of North Yorkshire as consumers, but also to ensure a level playing field for the many legitimate businesses in the county.

“The service receives about 7,000 complaints from consumers each year. Officers assess these to determine which should be investigated. Following an investigation, enforcement may range from advice and guidance to prosecution and confiscation or forfeiture of assets following conviction.

“In deciding whether to prosecute, the service must first be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. A decision to prosecute is not taken lightly. Prosecution is a serious step with considerable repercussions for those who face criminal charges.

“The service has a strong track record. For example, a joint operation with colleagues from other agencies last year saw the courts order offenders to give up £140,000 in proceeds from their crimes to compensate their victims.

“There are occasions when the standard of businesses’ work does not meet consumers’ expectations. This is not acceptable and consumers could take action in the civil courts for breach of contract. However, such conduct would not necessarily amount to a practice over which the trading standards service could take action.

“Equally, businesses sometimes fail. This is recognised in law, with provision for the management of bankruptcy and insolvency. A business failure alone will not amount to conduct about which the trading standards service could take action. The Department for Business, Energy and Industrial Strategy has a remit to investigate sole traders and companies that have acted illegally in relation to the formation or solvency of trading entities.”

Police name Harrogate murder victim and charge suspect

Police have charged a 23-year-old man with murder after a Harrogate man was found dead on Friday night.

Mark Wolsey has been named as the victim, who paramedics pronounced as dead at 10pm on Mayfield Grove.

Mr Wolsey was found with serious injuries before he died and police said they detained the supect “very quickly.”

His family asked police to share the above photo of him and are being supported by specially-trained officers.

Police on Mayfield Grove on Saturday.

The suspect, who is also from Harrogate, remains in custody and will appear at York Magistrates Court on Monday.

North Yorkshire Police has increased patrols in the area but has told residents that it is a “contained incident” and that the public was not at risk.

The force has appealed for anyone with information to call 101 or Crimestoppers anonymously on 0800 555111. The incident number is 12210072144.

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Detective Superintendent Fran Naughton, who is leading the investigation, said:

“Our investigation is well under way and we can confirm this was a contained incident.

“A man is now in police custody and we do not believe there is any wider risk to the public.

“However, many residents will be understandably anxious about what has happened. There will be a greater police presence in the area, which we hope residents will find reassuring, and officers will be working closely with the community.

“Our specially-trained officers are supporting the deceased man’s family at this difficult time.”

Harrogate boxing and martial arts gym fighting for survival

A Harrogate boxing and martial arts gym is fighting for its survival after months of enforced closure as a result of coronavirus.

H Hour Boxing and Kao Loi, based on Skipton Road, has seen its funding dry up over the last year as it continues to pay the bills without any income.

The gym has received some government funding but the owners claim that it often misses out because it is based in an expensive area.

Despite its ongoing closure the gym owners still have to pay £1,000 a month for rent plus utility bills on top. All the coaches are volunteers.

To try and build up its finances again the head coach, Rob Smith, has decided to do a skydive to try and raise £5,000 for the gym.

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Mr Smith, who used to work in the army and is also the chair at the British Boxing Board of Control for the central area, told the Stray Ferret:

“If we go down, then the Kao Loi side of the gym would also go down. We do not want that to happen.

“We have got some money left to see us into the next month but beyond that we need to be open again and get the revenue coming in.

“To try and bring some money in, I am going to do a skydive for my 50th birthday. I have asked for £5,000 but that’s a dream really.

“We need some money to keep going. We are fighting for survival. A lot of clubs have closed. We do not want to close, it’s a lifeline for so many.”

Suspected Harrogate murder: police forensics enter home

Police forensics officers entered a home in Harrogate this afternoon where a man is suspected to have been murdered.

A 23-year-old man was arrested on suspicion of murder in the street in Mayfield Grove just after 10pm last night.

A 48-year-old man was found with serious injuries inside a nearby flat and was certified dead at the scene by ambulance staff.

In an update at 1.14pm this afternoon, North Yorkshire Police said the suspect remained in custody and was being questioned by detectives.

There has been a heavy police presence on Mayfield Grove today. An officer has been posted at the door of the suspected crime scene and a procession of police vans have been coming and going. Shortly after midday a forensics team entered the flat.

The police update urged people not to be worried about the “noticeable police presence in and around the area”.

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Detective Superintendent Fran Naughton, who is leading the investigation, said:

“Our investigation is well under way and we can confirm this was a contained incident.

“A man is now in police custody and we do not believe there is any wider risk to the public.

“However, many residents will be understandably anxious about what has happened. There will be a greater police presence in the area, which we hope residents will find reassuring, and officers will be working closely with the community.

“Our specially-trained officers are supporting the deceased man’s family at this difficult time.”

The police appealed to anyone who was in the Mayfield Grove area of Harrogate on Friday night who saw any suspicious activity to contact North Yorkshire Police by calling 101 and selecting option 1.

If you prefer to remain anonymous, you can pass information to Crimestoppers on 0800 555 111.

Please quote incident number 12210072144 when sharing information.

Arrest after suspected murder in central Harrogate

A man has been arrested on suspicion of murder near the centre of Harrogate.

Police were called to Mayfield Grove just after 10pm last night, where they found the 23-year-old suspect in the street.

A 48-year-old man was found with serious injuries inside a nearby flat, and was pronounced dead at the scene by ambulance staff.

The arrested man was taken into custody, where he remained for questioning this morning. Officers were still at the scene of the incident today.

North Yorkshire Police is now appealing for witnesses and information about the incident. Anyone who was in the Mayfield Grove area last night and saw any suspicious activity is asked to call the force on 101.

Alternatively, to report information anonymously, call Crimestoppers on 0800 555111. The incident reference number is 12210072144.

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Council leader ‘received just one Beech Grove closure complaint’

The leader of Harrogate Borough Council has said he has received just one complaint from residents in the Beech Grove area who oppose the road closure.

Cllr Richard Cooper, who is also the Harrogate central district councillor for North Yorkshire County Council,  was replying to that complaint.

The concerned resident, who requested anonymity, wrote to Cllr Cooper and Cllr Don Mackenzie to say that the road closure was a “fine mess” after drivers churned up grass verges.

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The closure is a six month trial and designed to encourage cycling by stopping through traffic and creating a Low Traffic Neighbourhood.

The road was closed with only a few days notice under an “experimental order” and initially led to cars driving over part of the Stray to avoid the closure.

However, since North Yorkshire County Council installed a sign on the Stray the problems have been reduced to those who struggle with three-point turns.

Richard Cooper

Cllr Richard Cooper.

Cllr Richard Cooper wrote in response today:

“I strongly support the low traffic neighbourhood scheme. I hope very much it becomes a permanent and growing feature of our roads in Harrogate.

“You are the only correspondent I have had from the area opposing the scheme.

“It seems very odd to me that on the one hand I get many, many complaints about drivers putting their foot down on Beech Grove when there are so many older people living there.

“Yet when we do something about it then there is a complaint.

“The problem with the chewed up verges isn’t created by the Low Traffic Neighbourhood scheme.

“It is caused by the lazy and inconsiderate motorist who ignores the many road signs and is too poorly skilled at driving, or more likely couldn’t care less, to execute a fairly simple three point turn.”

Cllr Don Mackenzie, executive county councillor for access at North Yorkshire County Council.

Cllr Don Mackenzie, executive county councillor for access at North Yorkshire County Council.

Cllr Don Mackenzie also replied to say that the county council could protect the grass verges from further damage:

“Thank you for bringing this matter to our attention. It sounds like you are not a supporter of our Low Traffic Neighbourhood scheme on Beech Grove.

“As you know, NYCC will be collecting views on this experimental order for the next six months.

“I have picked up a great deal of support for the scheme on social media in these early days.

“We have had to take steps to prevent inconsiderate drivers from attempting to bypass the closure.

“We can perhaps also consider means of preventing the sort of verge damage which your photo shows, if that occurs more often.”

History: Where’s the vision, where’s the hope?

The best way forward for any society that has come through a dark time is to offer a vision of hope and recovery – and more importantly, a straight line to it.

After the terrible years of the Great War of 1914-1918, the authorities in Harrogate asked the best people qualified to come up with answers on how the town should recover – the people themselves.

Of the several local organisations to respond, none had better knowledge than the Harrogate Medical Society, which after discussions with other groups, such as hoteliers, traders, residents and local societies, published a list of suggestions to aid recovery and promote the attractiveness of the town.

At the same time, the council asked mineral well expert Professor Smithells to select essential aspects of his wartime study of the town’s mineral waters, to assist the initial recovery process of the town’s main business – the spa.

Within weeks of the November 1918 armistice, the recommendations were ready, and their essential points were that Harrogate must be made more attractive to visitors to ensure the economy not only survived, but prospered.

Post-1918 blueprint

Chief among these recommendations were:

[1] Shopping should be made more agreeable by protecting shoppers from sometimes severe climatic conditions, such as excess rain or sunshine, and that the ‘colonnading’ or erection of glazed pavement canopies along Royal Parade, Montpellier Parade, both sides of Parliament Street, both sides of James Street and Crescent Road would not only achieve this, but would add greatly to the town’s beauty as well as the comfort and convenience of visitors, and benefit of shopkeepers.

[2] Landscape improvements to Crescent Gardens; Station Square, where recent building development had been of a tawdry nature; the circular garden in front of the Prospect Hotel which could receive a permanent war memorial; the gardens in Victoria Avenue. Every one of these improvements had been implemented within 10 years.

[3] Better use to be made of the The Royal Hall’s gardens. Here, several hard court tennis courts were constructed, that allowed the Davis Cup matches to be held there.

[4] More regular music recitals in the gardens of the Royal Hall and Crescent Gardens. Again, this was implemented, especially after the 1933 completion of the Sun Pavilion.

[5] Improved lavatory accommodation, particularly on Harlow Moor, in Low Harrogate and Station Square. Again implemented, with about six new sets of conveniences being provided across the town.

Other recommendations included: tighter regulation of cab and taxi fares, better control of the dust nuisance, a continuance of the excellent standard of advertising the town, improving regularity of Pullman service, and the erection of a new Pump Room to the right of the entrance to Valley Gardens – this last, perhaps fortunately, was eventually abandoned.

Bottling mineral water

In 1920, a school for training staff at the Spa was opened, which brought considerable positive publicity to the town, and which succeeded so well that other spas were soon sending their staff to Harrogate for training.

In the past, the bottling of Harrogate’s mineral waters had been an often contentious matter, with opponents arguing that if people could buy Harrogate Water in Aberdeen, Bristol or Manchester, they would not need to visit the town and would thus deprive the economy of significant income.

But supporters argued that bottling would open up a large market by making the waters available to those who would never be able to travel to Harrogate, and that in addition, bottling was a wonderful opportunity to publicise the town’s name. But in 1919, the corporation changed tack, and resolved on 21st January 1919 to establish a table water industry.

Although some of these recommendations were never achieved, many were, and this gave people a sense of vision and hope for the future, much positive publicity being provided by the national press, for which Harrogate had become ‘the Nation’s Spa’.

Post-1945 blueprint

At the end of the Second World War, Harrogate faced completely new problems, most of which arose from the acute shortages of materials necessary to aid reconstruction, and the decline of the British spa industry that came after the introduction on July 5 1948 of the new National Health Service.

Despite these barriers, Harrogate’s council investigated several proposals to secure the spa economy, and encourage the growth of new industry, including office and retail development, and above all to create an atmosphere of hope.

As all of the town’s hotels had been requisitioned during the war, the council decided on August 13 1945 to petition the Minister of Works to start the de-requisitioning process, so that the town’s accommodation business could be revived. On June 3 1946, the council decided to spend £100 on erecting a fountain, to emphasise the importance of water to Harrogate.

October 1946 saw the council encouraging the formation of a ‘Friends of Harrogate’, which would strive to enhance and promote the town. In July 1947, Harrogate’s brilliant publicity and entertainments manager advised the council that during the previous six months, 33 conferences had brought between eight to 10,000 visitors to the town, and that this was the way forward.

Then, in 1949, the public learned that Harrogate was set to become the national centre for the study of arthritis and rheumatism, with visits from the Minister of Health planned. At the same time, the fringes of the Stray were planted with bulbs and fairy lights hung in its trees, to add to the beauty of the area.

More attractions were planned, and on June 27 1949 the council resolved to start a scheme to convert the Royal Pump Room into a museum to attract visitors. These were but a few of the steps taken by the council to revive the town’s economy and give people a sense of optimism.

Tinkering with one-way systems

Now, we have talk about tinkering with further one-way systems for traffic, which is inherited from the council’s foolish 1970 one-way experiment that interrupted the two-way flow between Spacey Houses and New Park with one-way flow between West Park and Parliament Street, an action which forced through traffic into King’s Road, Cheltenham Parade, Station Parade, and York Place. This is why they are still trying to make something of Station Parade. This was why all the trees have vanished from King’s Road to Cheltenham Crescent to Station Parade (see photo).

Cheltenham Parade copyright Walker-Neesam Archive

Cheltenham Parade copyright Walker-Neesam Archive

The plan for this new Harrogate ‘Gateway’ talks about the Station Square area being a gateway, something it always was, until the council allowed the railway station to be destroyed in 1964, as my accompanying photo shows.

Station Square copyright Walker-Neesam Archive

Station Square copyright Walker-Neesam Archive

Afterwards, when architect David Cullearn designed a public event arena outside the Victoria Centre with a fountain (see photo) it was the council that weakly allowed a new owner to infill the arena, destroy the fountains, and use the new arid forecourt to display cars or host fast food stalls with their backs to the main exit of Harrogate Railway Station.

Victoria Centre copyright Walker-Neesam Archive

Victoria Centre copyright Walker-Neesam Archive

The latest drawings of the proposed gateway also show the Victoria Centre with a canopy around it, a beautiful original feature (see photo) which was destroyed with the council’s authorisation when they allowed the then-owner to extend the ground floor retail space, which wrecked architect Cullearn’s useful covered walkway.

Victoria Centre copyright Walker-Neesam Archive

Victoria Centre copyright Walker-Neesam Archive

Where’s the vision now?

Today, as we see signs that the terrible pandemic is diminishing, Harrogate is crying out for a vision, for a sense that the town’s leadership has a solid and achievable vision for our future, and a vision based on the interest of the whole community, rather than narrow party political lines. Does this vision exist, and if it does, is it being communicated to the entire population?

In my capacity as a historian, I hear from many Harrogate people, and know after long experience that there are many in our town who neither know nor care about the difference between the district and the county council, and are unfamiliar with the work of local government, other perhaps than that they have to support it financially. These – I suggest – are the people the vision needs to reach. And the vision should give inspiration and hope for the future of our much-loved locality.

Malcolm Neesam,
[Illustrations copyright Walker-Neesam Archive].

Police warning after increase in burglaries in Harrogate

Police have issued a warning after an increase in burglaries in the Harrogate district.

Officers said there had been an rise in burglaries in the Pannal, Rossett and the Stray areas.

The force said people should ensure their windows, doors and cars were locked and to report any suspicious activity to police.

A warning has also been issued to residents in the Duchy Road area after thieves stole property from cars. Police said vehicles had been left “insecure” and urged people not to leave items on display.

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A post on North Yorkshire Police’s Facebook said:

“Last night a number of insecure vehicles were entered in the Duchy Road area of Harrogate and property was stolen. 

“This is reminder to motorists to ensure that your cars/vans are locked, even if parked on your driveway and ensure that no items of value are left on display.”

Police added:

“There has been an increase of burglaries in Pannal, Rossett and the Stray areas of Harrogate.

“Please ensure that you lock your doors, windows and cars. If you witness any suspicious activity, please contact the police immediately.”

Creatives called for Harrogate’s role in Royal Albert Hall anniversary

Harrogate will have its name linked to the 150th anniversary of the Royal Albert Hall in London – and aspiring artists are also being invited to get involved.

To mark the venue’s milestone, Harrogate Spring Water is planning to create limited-edition anniversary labels for its bottles, to be sold at the Royal Albert Hall and selected other outlets.

To come up with the perfect design to showcase the diverse culture of the venue, Harrogate Spring Water (HSW) is calling for creatives to help. An expert panel, including representatives from HSW and the Royal Albert Hall, will nominate a shortlist and choose the winning design, with a prize of a £4,000 creative bursary. Two finalists will receive a £1,000 bursary.

James Cain OBE, CEO of Harrogate Spring Water, said:

“We are so pleased to be able to offer talented creatives across the UK the opportunity to feature on our bottle; we understand just how important it is to support the Arts and Creative industry during this time.”

“The 150th anniversary of the Royal Albert Hall is such a special milestone and its fantastic to be able to celebrate our valued partnership with such an iconic and historic institution. We cannot wait to see the designs!”

During 2021 and 2022, the Royal Albert Hall celebrates its 150th birthday, with a special programme of events including major commissions from British artists, headline performances from musical legends, and a series of showcases promoting the next generation of talent.

In its long history, the Royal Albert Hall has hosted great works of art and design including an 800-feet-long mosaic frieze encircling the building, a Picasso-designed programme cover in 1937 and a 2014 mural by Sir Peter Blake celebrating the venue’s diverse history.

In 2021 and 2022, as it marks its 150th birthday, its programme of events will include major commissions from British artists, headline performances from musical legends and a series of showcases promoting the next generation of talent.

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Harrogate Spring Water is an official partner of the celebrations and its 500ml still and sparkling bottles will feature the commemorative labels this year and next. Artists are encouraged to use colour to reflect the diversity of culture at the Royal Albert Hall.

Craig Hassall, chief executive of the Royal Albert Hall, said:

“We’re delighted to launch this one-of-a-kind design competition as part of our 150th anniversary celebrations.

“The Hall has been a meeting place – and an inspiration – for artists of all kinds since we opened in 1871, and we can’t wait to see how contemporary creatives interpret our diverse history. We’d like to thank our friends at Harrogate Spring Water for helping us mark this milestone in such an inventive and unusual way.”

For more information about the competition, click here.

Live: Harrogate district traffic and travel

Good morning everyone and welcome to our traffic and travel live blog, the last one before the weekend.

Whether you travel by car, bus or train we will keep an eye out for any possible disruption to your journey. All brought to you by The HACS Group.

It’s Connor again back on the travel desk from 6.30am. Spotted an accident or a road closure? Send your updates to contact@thestrayferret.co.uk.

If traffic is moving well or it’s at a standstill then we will let you know with our updates every 15 minutes.

Full update – 9am

Thanks for reading our traffic and travel blog. There have been a few police incidents this morning as well as increasing numbers of construction sites around the Harrogate district. That’s all from me for this week. I am heading over to the newsdesk now. My colleague Suzannah will be back on Monday morning.

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Full update – 8.45am

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