A builder who defrauded householders who paid for improvements on their properties has been spared an immediate jail sentence.
Teesside Crown Court heard that Simon Norman Benson took £10,525 from ten customers over a six month period between February and September 2017 that he was operating a building and general maintenance company called Eco Improve.
The operation saw Benson, of Madron Way, Middlesbrough, and formerly of Thornaby, and his salesmen cold call householders and demand substantial deposits for a range of home improvements.
Work was agreed including installing conservatories, replacing windows and resurfacing driveways.
But while deposits were paid by victims, the work was never carried out with Benson pocketing the cash, while no refunds were also issued.
On the few occasions that any work was carried out it was incomplete and sub-standard.
Judge Timothy Stead handed 49-year-old Benson – who admitted participating in a fraudulent business as a sole trader – a 12 month prison sentence, suspended for two years.
The judge said: “People have been very distressed by this and it was a systematic fraud.”
The company first came to the attention of trading standards officers in March 2017 following a complaint from the family of a man with Alzheimer’s disease.
An investigation followed and Stockton Council eventually secured Benson’s conviction with the assistance of a North-East regional investigations team, part of National Trading Standards.
One victim, who lost a £2,100 upfront deposit for a new conservatory, said they paid the money in good faith after being told it was needed to help the company’s cash flow.
They spent a day clearing out their old conservatory in preparation for the work, but were left feeling “gullible” and “cheated” when the work was not done.
Another, who handed over a £250 deposit, said: “I have a number of close friends who continued to ask when I was getting my windows replaced.
“I eventually told them that I had got the deposit back when this wasn’t the case.
“I guess I felt ashamed that I had been fiddled in this way, particularly from someone who was so plausible and apparently trustworthy.”
Sarah Turner, representing Benson, argued that while the custodial threshold had been passed, the sentence could be suspended due to the amount of time proceedings had taken and the impact on the defendant through waiting to be dealt with.
She said the defendant was “clearly remorseful and regretful”.
Benson was described as believing he had a successful business model “until it all turned very bad”, something that was blamed on a supplier demanding upfront payments.
He was said to be of low risk of re-offending and suitable for unpaid work in the community.
It was also stated that he would lose the private rented accommodation he lived in if he was immediately jailed.
Judge Stead said: “The one thing he did not do for them [the complainants] was work and there is one sense that work would be a just reparation.”
The court was told that initially the business was being run legitimately, but at some point Benson made a decision to run it with an intent to defraud.
Judge Stead told Benson: “I don’t treat you as someone who is an out-and-out fraudster from the very beginning.”
The judge said the defendant was capable of rehabilitation, given a lack of previous offending on his record.
Benson was ordered to do 150 hours unpaid work in the community and will also be electronically tagged while having to serve a 90 day curfew between 8pm and 6am.
Judge Stead warned that if he failed to comply with the punishment or committed further offending, he would be brought back to court for non-compliance and jailed for the 12 months.
He said it was not making any financial order in the case as Benson’s financial situation was “too parlous” for there to be any prospect of money being paid back to the victims.
‘String of complaints’
Councillor Norma Stephenson, Stockton Council’s cabinet member for access, communities and community safety, said: “The actions of Benson and his company generated a string of complaints to trading standards teams across the area.
“They saw Benson and his salesmen demand cash deposits and use all sorts of underhand tactics to get people to part with money, with one being to offer a discount on the total cost of the job if the customer could hand over the cash on the spot.
“Of course, the work wasn’t actually carried out and customers were left out of pocket.
“The victims lost significant sums of money ranging from £150 to £2,840 and it’s heartbreaking to read about the impact it’s had on them.
“I’d like to thank the trading standards officers in this case and neighbouring councils for their tenacious investigations and joint working.”
Cllr Stephenson added: “Our advice to people looking to make home improvements is to get at least three quotes for the work, seek recommendations from friends and family, and take your time on a decision.
“And do not hand over large sums of money up front – if a company or contractor will only accept cash, or asks you to pay a big sum up front then that is a red flag and you should avoid using them.”
Wendy Martin, director of National Trading Standards, added: “This kind of fraudulent activity has a considerable detrimental impact on victims.
“As well as the financial loss, their faith in humanity is shaken and they remain fearful of being taken in by others.
“If you, or someone you know has fallen victim to a fraud like this you should report it to the Citizens Advice consumer service helpline by calling 0808 223 1133.”
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