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Builder defrauded Fife pensioner of £23k in conservatory project

Marshall defrauded the woman while owner of Kingdom Windows in Cowdenbeath.
Marshall defrauded the woman while owner of Kingdom Windows in Cowdenbeath.

A Fife builder defrauded a pensioner out of tens of thousands of pounds with false promises to build a conservatory.

Craig Marshall had agreed to build the extension at his victim’s Glenrothes home.

The then-69-year-old had previously used Marshall’s firm – Kingdom Windows (Scotland) – without complaint.

Marshall quoted £34,800 for the conservatory and building materials, to be paid in three instalments.

But Kirkcaldy Sheriff Court heard while it was accepted the tradesman intended to take on the project when the first payment was made, by the time of the second, he had dropped plans to carry out the work.

Marshall, of Cardenden, admitted obtaining £23,200 by fraud between June 2018 and February 2019.

A sheriff jailed the 32-year-old after hearing no effort had been made to pay back the cash.

‘Robbing Peter to pay Paul’

Sheriff Alistair Brown said: “I recognise you have certain personal difficulties and they are significant.

“Nevertheless, they pale into insignificance and they are far outweighed by the fact that you compounded them – through your solicitor – by attempting to minimise this.

“You knew you weren’t going to carry out the work.

“You were robbing Peter to pay Paul – your business had cash flow difficulties and you were taking money and hoping it would all work out.”

He added it was a “significant amount of money” and there was no alternative to a custodial sentence.

He jailed him for 18 months.

Personal cheque

Fiscal depute Douglas Thomson had earlier told the court Marshall had asked the woman to write out a cheque to him personally, rather than the business.

He said Marshall had usually used a works van but on this occasion had arrived in his own car.

Suspicion was aroused when Marshall failed to turn up in his work van and asked for a personal cheque.

He said: “He asked her to write a cheque in his own name to get things moving.

“(The complainer) agreed and wrote a cheque.

“She later became aware it was cashed the same day.”

He added: “The Crown accepts that when the accused accepted the first payment he intended to do the work.

“But when the second payment was made the intention was gone.”

Solicitor Brian Black, defending, said Marshall had intended to do the work but became unable to do so and failed to inform the client.

He said Marshall was ashamed of his actions and remorseful, adding: “He accepts in full that it was fraud”.

Companies House states Kingdom Windows (Scotland) was dissolved in December 2019.

Another company, Kingdom Windows – with Marshall as company director – was incorporated in February 2016 and dissolved in May 2019.