Warwickshire News Mine

Warwickshire County Council Trading Standards Service successfully prosecuted Mrs Shamim Ahmed (DoB: 04/02/59), of Park Road Chilwell Nottingham, owner of SAS Furniture and her brother-in- law Mr Maqsood Ahmed (DoB: 20/01/64) of Cocksthorn Road Penfield Wolverhampton who was responsible for the day to day running of the business. The defendants had pleaded not guilty to all the offences and a trial took place in Nuneaton Magistrates court on 30th November and 1st December 2006.

The penalties were handed down by Nuneaton Magistrates on Monday 15th January 2007.

In their summing up, the Magistrates said that the substantial level of fines were a reflection of the seriousness of the offences and the potential serious consequences to the public of supplying these sofas.

Anthea Davies, Assistant Head of Warwickshire Trading Standards said: 
“This furniture was very dangerous as it could catch light and potentially produce highly toxic fumes which could kill.  The safety regulations are in place to protect the public and the onus is on those who import the furniture to ensure that it complies with UK law before it is supplied to the public.”

County Fire Officer, William Brown added:
"Dangers presented by non compliant foam in furniture poses a very serious risk, especially if ignited. It could lead to the loss of your home or even your life. When this material catches fire it produces thick black billowing smoke and toxic fumes which can kill in minutes. I would urge all residents to ensure that when they are buying furniture that it complies with UK fire safety standards."

SAS Furniture, (premises in Chilwell and Beeston in Nottingham and Willenhall in the West Midlands) had imported sofas directly into the UK from a business called Tompol located in Poland. The sofas were then supplied to local Rugby business (Euro Trading in Shilton near Rugby) together with receipts and a letter from SAS Furniture stating that the furniture supplied complied with UK Fire and Safety Regulations. These statements were in fact false.

Following a complaint from a Nuneaton resident some of the sofas were tested and found not to comply with the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

In tests by an independent test house carried out on behalf of Warwickshire Trading Standards, foam from one of the sofas was ignited, and burned so fiercely that it was still alight after several minutes. The burning continued and the flames had to be forcibly extinguished during the testing process, (a photo is available).

Many types of foam give off poisonous fumes when they burn and, in a domestic fire situation, death by asphyxiation is likely to occur within four minutes.

Warwickshire Trading Standards has been warning consumers about the dangers of such sofas and has taken action to suspend their sale and prosecute the suppliers. Such furniture is often sold door to door or through small advertisements in local newspapers and off the back of lorries.

Mrs Shamim Ahmed (DoB: 04/02/59), of Park Road Chilwell Nottingham, owner of the business trading as SAS Furniture, was found guilty of five offences under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Consumer Protection Act 1987 and pleaded guilty to one offence under the Business Names Act 1985.  She was fined £1,500 for each of the four fire retardant offences, £500 for the labelling offence and £200 for the Business Names Act offence, a total of £6,700.

Her brother-in- law Mr Maqsood Ahmed (DoB: 20/01/64) of Cocksthorn Road Penfield Wolverhampton who was responsible for the day to day running of the business was found guilty of five offences under the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Consumer Protection Act 1987. He was £1,500 for each of the four fire retardant offences, and £500 for the labelling offence, a total of £6,500.

They were also ordered to pay costs totaling £18,651.23 (50% each).

A forfeiture and destruction order was obtained from the court.

In mitigation, Ms Raminder Shergill, Barrister for the Defence said that this was her clients’ first offence and that they were now aware of what is required under the law and will comply in the future.

Imports of potentially lethal upholstered furniture have been entering Britain from Poland, and the Trading Standards Institute, the professional body of Trading Standards Officers has written to the Department of Trade and Industry and the Polish Embassy to call for tighter controls on this furniture.

Any Warwickshire consumer who believes they possess any item of furniture that is not compliant with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 should contact Warwickshire Trading Standards on 08454 04 05 06.

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) set levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery.  The regulations set out specific requirements regarding ignitability, flammability and labelling.
It is an offence under the Consumer Protection Act 1987 to supply furniture which fails to comply with the Furniture and Furnishing (Fire) (Safety) Regulations 1988.  Supply includes possession for supply.
It is an offence under the Business Names Act 1985 to fail to state the owner of the business on correspondence including letters and invoices if the business trades under a name other than the surname of the owner.
Ms Raminder Shergill was Barrister for the Defence
Ann Backhouse represented Warwickshire County council

Top Tips for Buying Furniture
· All upholstered furniture, including second-hand items, must meet fire resistance standards.
· If you notice a fault, contact the trader straight away to report the problem. It is the trader’s responsibility to resolve the problem, not the manufacturer.
· If you visit the trader, take any proof of purchase with you. If you haven’t got a receipt, you can use a copy of a credit card or bank statement as proof of purchase instead.
· If there is a problem with new furniture you’ve bought you may be entitled to a repair, replacement or refund depending on how long you’ve had the item.
· If you buy furniture or appliances on a credit agreement and there is something wrong with it, it is always a good idea to tell the finance company as well as the trader, as you may have additional protection.
· If the furniture or household appliance is damaged on delivery, write something on the delivery note and request the driver signs it. Although this isn’t essential, it can help if the trader denies the damage was there. Take photos of any damage as well.
· You are not legally entitled to a refund if you choose the wrong size or give the wrong measurements or simply change your mind about an item of furniture you’ve bought. So choose carefully!
· Many people order new three-piece suites in time for Christmas, check the delivery date will be in time.

Link to WCC