A woman from East Kilbride who lost £20,000 to a landscaping fraudster must wait longer to receive compensation after the perpetrator avoided a jail sentence.
Fraudster John Fay Convinced Victim to Invest in Non-Existent Company
John Fay, 41, of Penilee, Glasgow, admitted defrauding the woman between June 2022 and February 2023. He persuaded her to invest in a non-existent landscaping company, describing it as a “fantastic” opportunity that would double her money every year.
Hamilton Sheriff Court heard that Fay had previously done legitimate landscaping work at the victim’s garden in Barbana Road, East Kilbride, in May 2022. After being paid in full, he contacted her via WhatsApp, claiming he had spaces for investors in a new company.
Victim Transferred £20,000 but Received No Returns
Prosecutor Rosemary O’Neill told the court: “The work was completed and the woman paid in full. The accused, whom she knew as Robert, then sent her a WhatsApp message saying he had spaces for investors in a new landscaping company.” Fay promised quarterly payments and claimed the investment would change the lives of everyone involved.
The woman, then aged 45, transferred £20,000 to the bank account of Fay’s fiancée, who was said to be a director of the new firm. Despite repeated promises, Fay never sent a contract, and the victim received no dividends. When she began asking questions, Fay claimed he needed more money from investors to cover rising material costs, telling her: “After four months you will have your full money back and then it’s just 100 per cent profit.”
Victim Sought Help After Threats from Fraudster
Eventually, the woman sought advice from Citizens’ Advice Bureau and sent Fay a letter of complaint. He responded aggressively, saying: “How dare you make up lies and tell the bank it’s fraud. If you stop the silly accusations I’ll sort everything out for you. Until then I’m not willing to help.” She reported him to police in February 2023. None of the £20,000 has been recovered.
Sheriff Deems Offence ‘Nasty’ but Defers Sentence
Sheriff Kevin McCallum described the offence as “nasty” and acknowledged the woman’s “significant” financial loss. However, he decided not to impose an immediate jail sentence. Instead, he deferred sentencing until January for good behaviour and ordered Fay to use that time to gather funds to repay the victim.
Defence agent Paul Gallagher said Fay has mental health issues and is “engaging with services”.
