Business information

Illegal trader targets elderly people in Waltham Cross

Vulnerable people living in sheltered housing in Waltham Cross were targeted by a trader trying to illegally sell pain relief products.

One elderly woman bought some equipment from David Hayward, who has no medical qualifications, after he made an unsolicited visit to the homes, Hertford magistrates heard on Monday.

A paragraph explaining her right to cancel the contract with Hayward's company, Medrons Pain Clinic, within seven days was scrawled over so she was unaware of the protection afforded to her under consumer legislation.

Following a Hertfordshire Trading Standards prosecution, Hayward, 43, of Storrington, West Sussex, pleaded guilty to failing to leave a cancellation notice at an earlier hearing and was at court on Monday for sentencing. He was fined £1,700 and ordered to pay costs of £2,867.76 and compensation to the victim of £299.

Guy Pratt, Head of Trading Standards, said : “The requirement for traders to give a notice of cooling off rights in these circumstances is there for a good reason. It gives people a chance to reflect when they are caught off guard in their home and make a purchase on a whim.

"In sheltered housing, residents have an even greater expectation of safety and protection than in a private home and this puts a burden on the care home staff.

"Clearly the court took a serious view of Hayward’s actions in this case and I am delighted that the consumer will be reimbursed for her unwanted purchase. “

The manager of the sheltered housing received a telephone call from a woman working for Medrons offering to give a talk to residents on pain relief. A date was agreed for February 2007, but there was no mention of selling products.

Hayward gave the talk and showed gadgets which he said residents would have to wait some time for on the NHS. He then invited them to give him their details so he could come back to their rooms later the same day and give them a private consultation.

One resident, who suffered a great deal of pain, took him up on the offer and was persuaded to buy a Medicur and Ultrasound Combi Kit costing £299. In this situation, under The Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987, written notice must be provided giving seven days in which to cancel the contract.

Hayward had previously been put on notice by other Trading Standards that scrawling out details of the rights on the notice was illegal.