Jail let-off for kitchen trader
Date published: 05 June 2008
Vance Miller
Controversial kitchen trader Vance Miller has escaped a jail term after being found guilty of contempt of court.
Miller was given a six-month sentence, suspended for two years, after breaching a Stop Now order issued in 2002.
He was also fined £90,000 — £10,000 each for nine complaints heard — and ordered to pay £30,000 costs.
The complaints were heard at Manchester Civil Justice Centre during a week-long trial.
The Office of Fair Trading says action against the entrepreneur sends a clear message for businesses to obey the law.
The order required Miller to stop breaching specified consumer legislation, including supplying goods not of satisfactory quality and supplying goods not as described.
But after flouting the ban 13 times, he was jailed for nine months in 2003, reduced on appeal to five weeks when he provided undertakings to the court.
However, the OFT received more complaints and issued further proceedings for contempt of court in May, last year.
Judge Richard Holman criticised Miller for making “misguided efforts” to clean up his act and for hiding behind other members of staff in a bid to deflect attention from himself.
He slammed a rulebook set up to inform staff what to do as shambolic and rejected Miller’s claims of making £200,000 over three years, saying it was more likely to be over one year.
But he also criticised the OFT for failing to provide evidence of any breaches since early 2006 and said the sentencing was on the basis that no breaches had taken place since then.
Describing Miller as an energetic entrepreneur with an unorthodox approach, he acknowledged there was evidence of a significant, continuing reduction in complaints since last summer.
OFT director of consumer protection Mike Haley said: “The sentence handed down by the court sends a clear message to traders that they must obey consumer protection law or face serious consequences.
“The OFT will take firm action against those who carry on businesses in a way that is detrimental to consumers and will use all the powers at its disposal to ensure compliance with court orders and consumer protection law.”
Miller had claimed to be the most honest trader in the business and said he had introduced checks to ensure his customers received perfect products. He had been facing a maximum two-year sentence after breaching the order.
He now faces two other trials in connection to a police raid in November, 2006, as they searched for evidence of a multi-million-pound fraud.
A trial date has not yet been fixed for 25 charges relating to applying false trade descriptions or supplying goods with false trade descriptions and may not take place until next year.
Miller also faces trial in August on charges of supplying unsafe mini-moto bikes.
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