A Tayside businessman has gone on trial accused of bullying and mis-selling mobile homes to unsuspecting customers.
Cresswell Welch, boss of Crown Park (Sales) Ltd, faces allegations he lied about the ages of caravans and annual site fee costs.
The 59-year-old, who also heads Welch Construction, is further accused of using “aggressive” tactics against one buyer and allegedly coercing him into purchasing a mobile home against his wishes by acting in a threatening or abusive manner towards him.
Welch, of Seaton Road, Arbroath, denies all charges.
Serial number ‘removed’
John Robertson, 76, told jurors at Perth Sheriff Court he moved into his £142,000 residential mobile home at Marlee Loch, near Blairgowrie, in 2016, believing it was only two years old and under warranty.
A few years later, he noticed his electricity box was dated to 2006.
Asked by fiscal Joanne Ritchie if he had concerns about his purchase, he said: “The vinyl in the kitchen was peeling off and that doesn’t happen overnight so I was a bit concerned.”
Mr Robertson told the trial he also discovered his home was not under warranty.
He said he placed an order with Welch Construction for a Topaz-model home after a viewing at a trade show in Glasgow.
“We were told there was a six-week delivery time but that wasn’t quite right because it was an eight-month delivery time.”
Mr Robertson was moved into a temporary home at Marlee Gardens but after 15 weeks it was sold.
“We were effectively made homeless,” he said.
He was then invited to view a home at Seaton Park, Arbroath, which he was told could be modified and moved to Marlee Loch.
He said: “We were quite pleased with it. We were told that it was two years old.
“What we didn’t know – and we only found out about a year later – was that once you move the house, the manufacturer’s warranty is finished.”
He said most of the pre-sale discussions were with a salesman – possibly named Paul McKinstry – who worked for Welch’s firm.
The trial heard the home’s serial number and manufacturing date were blank on a site rental agreement document.
“All the homes are supposed to have a label on the back door with their date and serial number, but ours had been removed,” he said.
Under cross-examination by defence agent Nick Whelan, Mr Robertson said he had two meetings with Welch to “resolve the matter” and agree compensation.
“It took five years,” he said.
Dream holiday home
Martin Burke said he bought his “dream” holiday home at Seaton Estate in 2018.
“I had fond memories of the estate – we used to go there with the kids in the 90s,” the 62-year-old told the trial.
“It was a dream for me to go and stay there.”
Mr Burke and his wife Senga told the trial Welch had told him the £37,500 caravan was a year old.
But an invoice they received weeks later listed the caravan’s year of manufacture as 2007.
Mr Whelan said to hygiene technician Mr Burke: “It would be rather foolish for the company to tell you that it was only a year old and then given you a receipt that says it’s from 2007.
“Was this not the case that you made a rash decision and wanted your money back?”
“That is not the case,” replied Mr Burke.
Allegations
Welch is accused of, while acting with another, misleading Mr Robertson about the age and warranty of a residential mobile home between September 1 and December 23, 2016.
It is alleged he withheld material information from him, falsely stated the caravan was two years old and omitted to display the manufacture year information plate on the home, causing Mr Robertson to “take a transactional decision which he would not otherwise have taken”.
It is also alleged that on November 9, 2018, Welch misled Martin and Senga Burke about the age of their caravan and told them site fees were £2,000.
Prosecutors allege that between December 19 2017, and June 1 2018, Welch – while acting with another – misled James Wadman about the age of a mobile home.
He is also accused of engaging in a commercial practice against Mr Wadman which was aggressive and he harassed, coerced and placed undue influence on him into accepting a mobile home against his wishes.
The trial, before Sheriff Jillian Martin-Brown, continues.
Mr Welch was found not guilty when the trial collapsed the next day.
