A COLD-caller who conned his victim into having unnecessary gardening work has been jailed.

David Smith has been sentenced to a 12-week custodial sentence after coercing a customer into having extra tree surgery work done, then demanding more money.

The 55-year-old, from Botley, was Trading as A S Garden Services when he cold-called his Botley-based victim in July.

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He charged the person £1,170 for cutting trees in their garden, before telling them that another tree was at risk of falling onto the pavement and injuring a member of the public.

Smith persuaded them to have that fixed, before insisting on getting more cash for the job.

He also failed to issue the correct paperwork, including the 14-day cancellation period required by law.

Jody Kerman, operations manager at Oxfordshire County Council’s Trading Standards Service, said: "This case shows that trading standards will take action against those who deceive vulnerable members of the public by making them believe work is needed, when it is not, harassing them for payment and failing to make their customers aware of their legal rights.

"Members of the public should be aware of these scams and keep an eye out for those who may be vulnerable to the activities of rogue traders."

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Oxfordshire County Council’s Trading Standards team presented the case at Oxford Magistrates’ Court.

Smith pleaded guilty to committing an offence under the Consumer Protection from Unfair Trading Regulations 2008 for an aggressive practice, and under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, for failing to give the appropriate cancellation notice.

As well as custody, he was ordered to pay a £500 fine, £700 towards the council’s prosecution costs, and a £50 victim surcharge. 

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He had already been prosecuted in March 2018, when he was found guilty of carrying out work at another Oxfordshire victim’s home to a very poor standard, also leaving no paperwork.

On that occasion, he pleaded guilty to committing fraud by false representation and was handed a 24-month suspended sentence, ordered to complete 100-hours of unpaid work and pay his victim £3,000 compensation.

Anyone with information about rogue trading can contact Trading Standards via Citizens Advice Consumer Service on 03454 04 05 06.