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08
Mar 2021
Last Updated: 08/03/2021
Trading standards criticised for response to Harrogate builder
Whilst trading standards have been aware of Moss since 2014, the Stray Ferret understands it recently closed an investigation into a complaint against him due to a lack of evidence, which it said was "hampered" by the covid crisis.
James Moss
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."
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