A dishonest Suffolk gardener scammed his customers for thousands by taking deposit payments for work that was never completed.
Adam Fox, 35, of Primrose Hill, Haverhill, admitted an offence of fraud by false representation during an earlier hearing at Ipswich Magistrates' Court.
He was sentenced by the same court on Thursday, 27th February 2025.
The prosecution was brought by Suffolk County Council Trading Standards.
Fraud by false representation is an offence under section 1 of the Fraud Act 2006. It has a maximum sentence of 12 months' custody and/or an unlimited fine on summary conviction; 10 years' custody and/or an unlimited fine on conviction on indictment. You can read more about fraud by false representation in my earlier guide to the offence.
Magistrates heard that the dodgy sole trader had scammed at least twelve customers across the county, to a total value of £35,000. Of that around £20,000 of his ill-gotten gains have not been repaid. His fraud took place between August 2021 and October 2022.
Fox's modus operandi was to agree work with customers and take a fifty percent upfront deposit. He would then leave the work half done, if he even started it at all. The standard of work completed was pretty abysmal too.
The court heard that one victim employed Fox, trading as Foxy Landscaping, a deposit of £5,000 after agreeing £10,000 worth of work. He did that bad a job that she paid £14,000 to a reputable tradesman to rectify Fox's poor workmanship.
In another case Fox fobbed off a customer, who had paid their fifty percent deposit, with the excuse that work could not be completed due to a delay with building supplies. After weeks of excuses the customer visited the building merchant's to discover that Fox had never placed an order.
Magistrates were of the opinion that Fox's offence was so serious that only a custodial sentence was appropriate. However, for whatever reason, they have elected to suspend the custodial term.
He was sentenced to 12 months' custody suspended for 2 years, with the requirement that he completes 120 hours' unpaid work and up to 15 days' rehabilitation activity.
Fox was also ordered to pay £10,000 in compensation, £154 surcharge and the council's prosecution costs.
Offences like this really get my blood boiling. I am sure Fox's victims worked and saved really hard to afford the garden improvements they hired him for. They no doubt viewed the work as a bit of a treat and were looking forward to the future enjoyment of their gardens. This con man demonstrated cruel disregard towards them.
I should explain that when the court awards compensation it legally obliged to consider the offender's ability to pay. On this occasion, having considered Fox's circumstances, the court has decided he can only afford to pay £10,000 of the £20,000 that remains outstanding. His hard working, honest customers are left out of pocket because of this shyster's (self-declared) financial circumstances.
I am sure a lot of readers will consider that unsatisfactory. I consider it unsatisfactory in cases like this too.
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