Issue Date:  -  Tuesday, 10 October 2000

Tree Loppers Convicted

Two brothers were convicted today of breaching the Door to Door Trading Act relating to tree-lopping work they carried out for an 89-year old Perth woman last month.

John Winning Hendry of Marmion Street, Derby and James Winning Hendry of Monash Avenue, Como pleaded guilty to a total of twelve charges under the Act.

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.

Magistrate Calder SM in the Court of Petty Sessions, said the men acted in a predatory manner.

Both men were found guilty of:

 - 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.

The men were fined $2,500 each and ordered to pay court costs.

Commissioner for Fair Trading Patrick Walker said that the successful conviction sends a message to door to door traders to abide by the Act or face prosecution.

"Consumers should not feel pressured to buy from those who trade door to door. Don’t rush into anything. Get quotes. Shop around and don’t feel obligated to have a job carried out just because the offer is made personally to you on your doorstep," Mr Walker said.

"A person can be more vulnerable when approached by an unethical trader selling goods or services at the front door."

"Often taken by surprise consumers can make hasty decisions without considering the offers fully and then feel obliged to pay without regard to the high prices," said Mr Walker.

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

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