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My builder went bankrupt

We just found out the our builder has gone bankrupt, taking with him about £5000 of our money. His lads waited till we were out and came and grabbed their tools, but they have left the scaffolding up. Can I legally sell it to recover some of the money he owes us?
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Comments

  • stef73
    stef73 Posts: 545 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Is it his scaffolding or a hire companies ?
  • bryanb
    bryanb Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If he owns it, it's an asset. I guess the OR wants it.
    If it's hired the owner will want it. Either way you can't sell
    This is an open forum, anyone can post and I just did !
  • Its their scaffolding
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  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    No you can't sell it. If you do, you will be liable to the receivers and it may well constitute a criminal offence.

    It is a bit like the builder making off with your car if you didn't pay the bill.
  • Sandoval
    Sandoval Posts: 903 Forumite
    I wouldn't imagine that a couple of poles and planks will recoup much of your five-grand loss.
  • i feel like taking them round his house, one pole through each window... but that would be naughty:mad:
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  • redmalc
    redmalc Posts: 1,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I work in the insolvency industry and would advise you to write to the OR / Insolvency Practioner and advise them that you have the scaffolding and that you are going to sell it to recover your debt and that it is a security issue being around your property.I can advise you they will not come to collect it !!
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How did you pay him?

    I'm guessing cash/Bank transfer/cheque but i'm hoping credit card.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    redmalc wrote: »
    I work in the insolvency industry and would advise you to write to the OR / Insolvency Practioner and advise them that you have the scaffolding and that you are going to sell it to recover your debt and that it is a security issue being around your property.I can advise you they will not come to collect it !!

    That is really poor advice. You are not entitled to just sell property. The scaffolding wasn't provided as security for any work and it would leave the OP open liable to a claim and, potentially, criminal action.
  • Greatgimp
    Greatgimp Posts: 1,055 Forumite
    Part of the Furniture 500 Posts Academoney Grad Name Dropper
    By security they mean that the house may be easier to burgle!
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