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Rogue Builder could face jail at Cardiff Crown Court

 

ROGUE BUILDER Marc Foley, a director of MAF Construction and Sons Ltd which is now dissolved, appeared at Cardiff Magistrates' Court yesterday after pleading guilty to three charges under Consumer Protection Regulations.

Marc Foley from Allensbank Road in Heath was paid £25,650 in cash from Diane McDonald in November 2015 to build a loft conversion at her home in Cyncoed.

In December 2016, leaks started appearing around the chimney and there were issues with the radiators.

Following assessments by Cardiff Council's Building Control Officers and an independent structural survey, it became clear that the work undertaken didn't meet the required standards and there wasn't a guarantee for the works.

Mrs McDonald had to pay an additional £27,000 plus VAT to a different company for the work to be rectified to meet building standards.

In the Victim Impact Assessment, the court heard that Mrs McDonald has had to have psychiatric help with the stress that has been caused by Mr Foley.

"He was a family friend and I trusted him and I was assured that he would be able to carry out the work. I am devastated, I had only just retired and I have had to go back to work to sort all this out."

District Judge Bodfan Jenkins described the situation as "a particularly serious case, as the work was built in a sloppy manner, ignoring building techniques which could cause significant harm.

"This is a case, in my view, where an element of deception fraud has taken place, this is when someone comes along and doesn't carry out the work properly. There is, in my view, a sprinkling of this in this case and due to this, this case goes way beyond financial penalty.

"I am in the view that this has to go to the Crown Court, it is so serious that custody is required based on the issues that are before me."

After asking Mr Foley to stand to his feet, District Judge Bodfan Jenkins said: "Marc Foley you acted dishonestly, failed to deal with the issues appropriately, failed to honour a guarantee and your work was way below the standards and dangerously so.

"I am sending this matter to the Crown Court for Sentencing under Section 3 Powers of Court Sentencing Act 2000"

Marc Foley was given bail and ordered to attend Cardiff Crown Court at 10.00am on November 23rd.