ASA Adjudication on Minster Windows Ltd
Minster Windows Ltd
8 Buccaneer Court
Airfield Business Park
Elvington
York
YO41 4XW
Date:
16 January 2008
Media:
Regional press
Sector:
Household
Number of complaints:
2
Agency:
Mode
Complaint Ref:
33931
Ad
A regional press ad, for Minster Windows, stated "10,000 satisfied customers can't be wrong. Minster Windows. Doors. Conservatories".
Issue
Two readers believed the claim was misleading because the company had only been trading since 2006.
CAP Code (Edition 11)
Response
Minster Windows explained that they traded as Minster Windows and Conservatories until 2006 when the company went into administration. They said Minster Windows Ltd was formed and purchased the order book and company database from the administrators. They said they continued to trade during the company change and directors and staff remained the same. They said they were honouring guarantees taken out before 2006. They did not believe the ad was misleading.
Assessment
Upheld
The ASA noted Minster Windows were able to show that they had continued to trade with the same directors and staff and were honouring the guarantees of Minster Windows and Conservatories. However, we considered that, because they were unable to show that they had taken on the debts and liabilities of the previous company, they were unfairly trading on the reputation and trading history of Minster Windows and Conservatories by claiming to have "10,000 satisfied customers". We concluded that the reference to customers of Minster Windows and Conservatories was not justified and the ad was misleading.
The ad breached Cap Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).
Action
We told Minster Windows not to use the claim again.
Adjudication of the ASA Council (Non-broadcast)
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