Photocopier firm convicted of fraud after investigation by Rhondda Cynon Taff trading standards

Rhondda Cynon Taf Council’s Trading Standards team has secured important fraud convictions against representatives of a company that mislead its customers, including a charity.

Expert officers from the team began their investigations into Fresh Digital Total Office Solutions Ltd in Talbot Green following a complaint from Rhondda Women’s Aid in Ferndale.

In October 2008, the charity was approached by representatives from Fresh Digital Total Office Solutions Ltd, who offered to settle their existing photocopier lease – and return the machine to the previous supplier – if a new contract was taken out with them.

The charity signed the new contract and complained to Trading Standards some time later, when it became clear their old lease with their previous supplier had not been cleared as promised and their former machine had not been returned.

Trading Standards contacted Fresh Digital Total Office Solutions Ltd and were assured the previous lease would be settled, claiming the salesman had made a mistake with calculations when he visited Rhondda Women’s Aid.

Despite numerous visits and letters from Trading Standards, the former lease was not settled and Rhondda Women’s Aid was forced to pay the £1,000 outstanding itself.

“As investigations into this matter continued, a further five complaints concerning Fresh Digital were received from businesses. Again, all had been promised existing leases would be settled if a new contract was signed with Fresh Digital Total Office Solutions Ltd. Many of the photocopiers that were supplied were different to the ones promised and they were cheaper ones of a lower specification.”

The investigation led to Andrew Phillip Tustin, of Brook Cottage, Nant Y Ffynnon Capel, Llanilltern and Clive Robert Davies, of Marshfield Avenue, Pyle, each charged with six offences under the 2006 Fraud Act.

Following a trial that covered nearly two weeks in Merthyr and Cardiff Crown Courts, Tustin was found guilty of all six charges and Davies guilty of three counts of fraud.

The court heard how both defendants appeared to be directors of the company at some point and both had extensive experience in the field and both had worked for a South Wales-based office equipment supplier before setting up their own firm.

The court heard the pair had been made subject to a court injunction by their former employer to prevent them “poaching” their customers.

Both claimed in court they had every intention of settling the outstanding leases and stated a considerable number of settlement fees had been paid. 

They also stated the correct photocopiers were delivered to their new clients, despite evidence presented by prosecution of customers who had received copiers of a lower spec than the ones they signed up for.

After they were found  guilty, sentencing was adjourned leading to:

Andrew Tustin being sentenced for six counts of fraud. He received a 12 month custodial sentence that was suspended for two years, ordered to complete 250 hour’s community service, pay £8,300 in compensation and pay costs of £4,971.

Clive Davies was sentenced for three counts of fraud and was ordered to complete 140 hour’s of community service, complete a 12-month community order and pay costs of £1750.

Following sentencing, Judge Richards stated that the fraud perpetrated were serious and actual loss was suffered because of the actions of both individuals, which had caused heartache and anxiety to others who had to work very hard to try and cover the loss.

He said Tustin must bear most of the blame and he was the one who told the lies that caused the loss. Davies went on with most of the lies and his involvement was a serious one, but not as serious as Tustin’s. He said both defendants should count themselves fortunate that they were not facing immediate prison sentences and they should reflect on the way they run their businesses.

David Jones, Head of Community Protection at Rhondda Cynon Taf Council, said: “This was a long and complicated investigation that is testament to the skills and professionalism of our Trading Standards officers.

“They were committed to protecting the public and standing up for the complainants in this case, leading to an important crown court trial and significant sanctions being secured against two offending company directors.

“Despite decades of experience in the industry, representatives of Fresh Digital Total Office Solutions Ltd visited companies and charities and offered them a better deal in order to secure custom – only to then not deliver on their promises.

“This is not acceptable and, as we have shown in this case and we are pleased to have played our part in calling the directors of the company to account for these irresponsible and fraudulent practices.”