An eBay trader, who falsely claimed his products had appropriate safety testing certification, has been fined by magistrates.
Andrew Backhouse, of Wartling Close, St Leonards-on-sea, Hastings, was trading as a business seller called ‘deals-are-me’ on eBay, mostly selling refurbished Dualit toasters.
Backhouse sold a Dualit toaster to a Pembrokeshire consumer for more than £80 plus postage.
However, when the item was delivered, the buyer found the plug had been melted and was unuseable.
The consumer complained to Backhouse, who told the buyer that he would be reported to police for attempting to scam him.
The consumer contacted Pembrokeshire County Council’s Trading Standards team who began an investigation.
At Hastings Magistrates Court, on Thursday, March 31, Magistrates heard that Backhouse advertised his toasters as being sold with a Portable Appliance Testing (PAT) certificate.
His adverts stated: “All my machines are supplied with a PAT Test Certificate valid for one year.”
However, the county council revealed that the PAT certificate was not legitimate.
The tester’s name and address was not recognised as being a registered member, despite their trademark being shown on the PAT certificate.
Backhouse admitted to two offences under the Consumer Protection from Unfair Trading regulations 2008.
He pleaded guilty to misleading the complainant by virtue of the PAT certificate and for aggressive practices in his reaction to the consumer when he complained.
Magistrates fined Backhouse £100 for each offence and ordered him to pay £93.24 in compensation, as well as a surcharge of £34 and a contribution to costs of £1,500.
Following the case, Pembrokeshire County Council’s lead trading standards officer, Sandra McSparron, said: “Safety testing and certification is in place so that consumers are able to have confidence that items they buy are working and in a safe condition.
“Selling items that are clearly damaged and claiming that they have been appropriately tested undermines the processes put in place to keep consumers safe.
“By responding aggressively to the consumer’s complaints Backhouse aggravated the situation further.
“We are pleased to secure the convictions and hope this case sends a message to anyone considering using false certification on items they sell.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here