Cheshire: Man defrauded Warrington and Runcorn residents

Liverpool Crown Court heard how Benjamin Barry preyed on trusting consumers - including some in Warrington – who were all ‘coincidentally’ elderly or vulnerable people.

The 53-year-old appeared before the court where he was convicted of five counts of fraud and three counts of breaching trading standards.

Prosecuting, Anna Price said how Barry, of Kiln Croft in Runcorn, has been before the courts before on various occasions for related matters.

Ms Price said how Barry’s offending took place between June 2018 and August 2019 under a gardening business he operated called Easy Life Garden Maintenance.

The court heard how one of his victim’s was a woman in her 60s in Widnes who was recently widowed and was caring for her elderly mother who was unwell.

She decided to sell her mother’s house as she realised she would never return to it, but needed the outside tidying up as it was overgrown.

After seeing an advertisement for Barry’s business, the victim contacted him and told him she wanted the garden tidying.

Barry appeared before Liverpool Crown Court (Image: Newsquest)

Barry quoted her £1,500 and agreed to provide a deal in writing about the cost – which he never did.

Ms Price said: “It was clear the victim was very conscious that it was her mother’s money.”

She also said how the defendant was aware of the victim’s circumstances with her mother and husband.

Barry suggested further work he could carry out in the garden, including removing a shed he claimed was made of asbestos, and the victim agreed for the work to be carried out.

The victim trusted him not to take advantage of her, the court heard.

Further suggestions continued as Barry offered to do work inside the house – which included installing CCTV, a new kitchen, internal doors and central heating.

He said that these additions would make the house easier to sell, so the victim agreed.

Ms Price said that during this time he had the only key to the property so the woman’s access was limited.

In November 2018, the victim’s mum passed away and Barry then suggested renting the property out to make money and said he had found a tenant.

He gave the victim money for ‘rent’ which came to £4,067.84.

But the court was told that no one was actually living there and this was Barry’s way of preventing the victim from visiting and discovering the lack of work that had been carried out.

From June 2018 to July 2019, Barry was paid £36,500 for his work – which was later discovered to be ‘minimal’.

His offending only came to light in 2019 when Trading Standards became aware of payments being made to him from the victim’s mother’s account who was no longer alive – so became suspicious and contacted him.

When the property was investigated as a result, it was found that during this 13-month period Barry had only installed internal doors and three units, cut some trees and put laminate floor in the kitchen.

Ms Price said that this work was of ‘minimal value’ and would have cost just over £2,500 at most.

In a victim impact statement, the woman said that prior to Barry’s work her mother’s house was valued at £80k, but is now valued at £65k as a result of his work.

She said she feels like she was reliant on the defendant and that he took advantage of her when she was vulnerable.

The court heard how she does not like going back to her mother’s home since it happened even though it was her childhood home.

But there were more vulnerable people that fell victim to Barry’s offending.

In the majority of these cases, Barry failed to provide cancellation rights, written paperwork or receipts, did not complete work or completed work to a poor standard.

In one victim’s home, he installed new drains but did not connect them to a drainage system.

At another property in Warrington, he installed a brick wall three feet short of what was agreed – which a 74-year-old man had used his savings to pay for.

Ms Price said the total compensation sought is £37,032.16.

Barry has four convictions for 14 offences.

Defending, Daniel Travers said that his client’s background of offending is born out of ‘incompetence and negligence'.

He said: “He is unfortunately a pathetic and pitiful man.

"This is a man who cannot deal with situations properly when they spiral out of control.

“For the first time in his life, Mr Barry has had to dace up to the reality of the situation.”

The court heard how Barry has mental health issues and is ‘socially isolated’.

Mr Travers said it is just Barry and his daughter and that it has been that way for many years.

The court heard how this case of fraud was not for a lavish lifestyle, but to support himself and his daughter.

Concluding, judge Neil Flewitt QC said: “It may be a coincidence but all of your victims were older people or people with vulnerabilities.

“Since 2016 you have been repeatedly warned about the way you have been going about your business.

“You were well aware of your responsibilities.”

Referencing Barry’s victim who was a recent widow, judge Flewitt added: “You were aware of that situation as she made you aware of it.

“Over a period of about 12 months, you agreed to undertake various items of work on behalf of her late mother’s home that she was intending to sell.

“But the reality is that you took £36,500 from her promising to do various items of work inside and outside.

“You either just did not do them at all or did them so incompetently it was estimated that they were worth just over £4,000.

“An illustration of your dishonestly was you telling her there was a tenant in the house in order to prevent her visiting and seeing just how little work you had actually done

“That is a particularly serious and mean offence of fraud.

“It is clear from a very early stage you saw an opportunity to bleed her of her money.

“You pray on consumers who place their trust in you and fall victim to your incompetence and negligence.”

Barry was handed a two-year prison sentence.

He is also subject to a criminal behaviour order which means when in employment he will be supervised by the head of environmental services at Halton Borough Council for five years.

He will not have to pay any compensation due to his 'financial circumstances'.