A builder who took upfront deposits totalling £133,000 from customers for materials he failed to supply has been given a nine month suspended prison sentence.

Martin Brain, 52, of Blackhorse Place, Mangotsfield, Bristol, trading as Olive Interiors Ltd had, pleaded guilty to one offence relating to contravention of professional diligence under the Consumer Protection from Unfair Trading Regulations 2008 after duping four victims, including two Bath residents, out of £133,000.

Brain must also carry out 180 hours community service and attend 18 rehabilitation days. Legal proceedings to obtain the criminal earnings from Mr Brain will follow. 

At the sentencing at Bristol Crown Court on June 11, his barrister said Brain was sorry for the harm he had caused and commented he had never intended to put his customers through this sort of ordeal. The court heard how company finances had spiralled out of control and the business was run in a manner falling far below the standards of honest market practice.

Judge Peter Blair said that Brain’s actions had an incalculable impact on the victims and his conduct towards the victims in some peoples eyes could be seen as deliberate.

The council’s Trading Standards team received four complaints in relation to Brain.

Two consumers from Bath paid Brain a deposit of £133,890 for an extension and for materials which were never provided. Olive Interiors worked for four days and then never returned. A surveyor reviewed the work carried out and estimated the value at the consumers’ properties at no more than £9,683. Requests for refunds were refused despite Brain having around £50,000 of the consumer’s money in his bank account.

A third consumer paid Brain for a kitchen and bathroom materials which were never provided and the work that was carried out was found to be substandard. The consumer was left with financial losses exceeding £9,000.

The fourth consumer did receive a kitchen from Brain, but not the one ordered and the job was never finished leaving the consumer yet again at a financial loss.

Following the sentencing Councillor Tim Ball, cabinet member for Neighbourhood Services at Bath & North East Somerset Council, said: “Residents should never pay large amounts of money upfront for building work. We hope this prosecution sends out a clear message that our trading standards team will not hesitate to investigate and take action against tradespeople who commit crime.”

The council runs an approved trader scheme called ‘Buy with Confidence’ where residents can search for local businesses which have been vetted and approved by Trading Standards. Anyone looking for a local business to carry out some work is encouraged to visit www.buywithconfidence.gov.uk.

Anyone who thinks they might have fallen victim to a rogue trader, should report it to the Citizens Advice Consumer Service who work in partnership with Bath & North East Somerset Trading Standards. Telephone 0345 40 40 506.

Before agreeing to any work, your local Trading Standards team recommend that you:

The Buy with Confidence directory is available free of charge from Bath & North East Somerset Council’s One Stop Shops in Lewis House, Manvers Street, Bath, The Hollies, Midsomer Norton and the Civic Centre in Keynsham. It is also available online at http://www.bathnes.gov.uk/services/trading-standards/buy-confidence or by calling 01225 396759.

Find out more about the council’s Trading Standards Service