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Builder convicted for false display of Secured by Design & other trade associations

An Oxfordshire builder, David Frederick McCalium, has received a prison sentence following an investigation by Oxfordshire County Council’s trading standards team and the National Trading Standards tri regional investigation team.

The builder pleaded guilty to three charges of fraudulent trading, two charges of running a company while bankrupt and two charges of running a company in a name other than that on a bankruptcy order. False statements were also made in relation to liaising with building control or other agencies, as well as being members of trade associations including Secured by Design (SBD). He was jailed for two years and six months and was disqualified from being a director of a company for eight years. An order of confiscation was also made. 

The sentencing was as follows: 

  • Count 1: FRAUDULENT TRADING, contrary to section 993(1) of the Companies Act 2006, between the 22nd of January 2019 and the 27th of January 2021 (Aspect Home Improvements Ltd) - 18 months imprisonment
  • Count 2: FRAUDULENT TRADING, contrary to section 993(1) of the Companies Act 2006, between the 27th of January 2021 and the 30th November 2021 (Unique Property Developments Ltd) - 18 months imprisonment
  • Count 3: FRAUDULENT TRADING, contrary to section 9 of the Fraud Act 2006, between the 4th of April 2022 and the 1st of October 2022 (DM Restorations & Glazing) - 18 months imprisonment

Counts 1, 2 and 3 to run concurrently to each other. The false display of trade associations – including SBD - is included in the fraudulent trading charges above, counts 1-3. 

  • Count 4: BEING CONCERNED IN THE MANAGEMENT OF A COMPANY (Aspect Home Improvements Ltd) WHILE AN UNDISCHARGED BANKRUPT, contrary to section 11 of the Company Directors Disqualification Act 1986 - 12 months’ imprisonment, consecutive to Count 1 
  • Count 5: BEING CONCERNED IN THE MANAGEMENT OF A COMPANY WHILE AN UNDISCHARGED BANKRUPT (Unique Property Developments Ltd), contrary to section 11 of the Company Directors Disqualification Act 1986 - 12 months’ imprisonment, concurrent to Count 4 
  • Count 6: ENGAGING IN BUSINESS UNDER A NAME OTHER THAN THAT IN WHICH A BANRUPTCY ORDER WAS MADE (‘David McCallion’, Unique Property developments Ltd), contrary to section 360(1)(b) of the Insolvency Act 1986 - 12 months’ imprisonment, concurrent to Count 4 
  • Count 7: ENGAGING IN BUSINESS UNDER A NAME OTHER THAN THAT IN WHICH A BANRUPTCY ORDER WAS MADE, contrary to section 360(1)(b) of the Insolvency Act 1986 (‘David McCalium’, DM Restorations & Glazing) - 12 months’ imprisonment, concurrent to Count 4 

Counts 4, 5, 6 and 7 to run concurrently to each other, but consecutively to Counts 1, 2 and 3. 

Hazel Goss, Secured by Design, said: “To advertise as a Secured by Design accredited company, when a company is not, is an offence under the Trade Marks Act 1994, Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008. Any company or persons illegally displaying the Secured by Design logo or associated trademarks could be subject to legal action”.