Issue Date:  -  Monday, 25 September 2000

Fair Trading Charges Tree Loppers

The Ministry of Fair Trading today charged two brothers with breaches of the Door to Door Trading Act relating to tree-lopping work done for an 89-year old Perth woman last week.

John Winning Hendry of Marmion Street, Derby and James Winning Hendry of Monash Avenue, Como each face six charges under the Act.

The Ministry will allege that the pair intimidated the elderly Queens Park woman into taking $1800 from her bank account on September 13 to pay for tree-lopping carried out by the Hendrys on the same day.

An independent expert opinion has confirmed that the work was worth only $220.00

Under the Door to Door Trading Act, traders are not permitted to accept any payment for ten days or carry out work.

During this ten-day period the customer has the right to cancel the contract without penalty.

Both men are charged with:

 - Taking money before the expiration of the cooling-off period;
 - Providing services before the expiration of the cooling-off period;
 - Failing to provide a duplicate of the contract;
 - Failing to provide a form notifying the customer of their right to cancel the contract;
 - Failing to provide a form which the customer can use to cancel the contract; and
 - Failing to show identification.

If convicted, the men face maximum fines of $1000 for each offence together with cancellation of the contract and a requirement that the balance of the $1800 be fully refunded. Other cases involving the Hendrys are being examined.

Commissioner for Fair Trading Patrick Walker said the charges were the result of strong cooperation between the Ministry and Cannington police.

"It’s been a rapid response, and one that sends a message to all door to door traders that they must abide by the Act or face prosecution," Mr Walker said.

"These laws exist because it is accepted that consumers in their own home are at a disadvantage, simply because they are not expecting to buy goods or services and often make decisions that are not well-considered.

"People need to remember that, if they do agree to buy from someone at their doorstep, they don’t have to pay up-front and they have ten days in which to cancel the contract," Mr Walker added.

"Goods can be left with a customer, but if it’s a service, no work can be carried out during that time," he said.