Builder Dispute for OAP

mart.vader

glp wrote: »

As of this morning, the builder has not contacted mum since i told him not to.

How can he charge a daily rate for the scaffolding still there, it is he who isnt taking it back. We are not stopping him at all.

Originally Posted by Skintandfat
"If your mum is bothered about calls she can buy a device called TRUCALL. It filters calls and lets certain ones through"

BT also have a service called "Choose to refuse" which allows you to bar certain numbers, but there is a small charge for this.

I don't see how he can charge a daily rate, either, if you have told him to remove the scaffolding.


Good Luck !

glp

No i dont see how he can either. He is trying to use it as a lever to get us to pay him. We are thinking he has asked a mate to act as the scaffolder. We asked him to remove it nearly two weeks ago, it is HE who is refusing to come for it. The neighbour who's garden the scaffolding is actually sitting in to get access to mums gable end, sometimes works for the builder, and he thought the price was extortionate, I think this is why mum asked him about the work, because her neighbour knew him, but after conversations since i cancelled the builder, i dont think he will be recommending him to anyone else. He has been shocked too.

Thank you everyone for all your replies, much appreciated.

Welsh_Totster

I think the cost for scaffolding is extortionate too. As a rough guide I've recently had scaffolding up the gable end of my house, 3 1/2 storeys high for 4 weeks. It only cost me £300. How he thinks he can charge for scaffolding on a daily basis when you've requested it to be taken down is beyond me. Good luck and I hope there's a positive outcome.

daggy

glp wrote: »

Than you all for your help and advice. I will ring Trading Standards tomorrow. My mum didnt sign anything and no work has been done at all, apart from the scaffolding being erected. I did ring the police last friday and they said they couldnt get involved unless the builder had actually threatened violence or damage in any way. As of this morning, the builder has not contacted mum since i told him not to.
How can he charge a daily rate for the scaffolding still there, it is he who isnt taking it back. We are not stopping him at all.
I will let you know the next stage, it might help someone else in the future.
Thanks everyone.

glp wrote: »

No i dont see how he can either. He is trying to use it as a lever to get us to pay him. We are thinking he has asked a mate to act as the scaffolder. We asked him to remove it nearly two weeks ago, it is HE who is refusing to come for it. The neighbour who's garden the scaffolding is actually sitting in to get access to mums gable end, sometimes works for the builder, and he thought the price was extortionate, I think this is why mum asked him about the work, because her neighbour knew him, but after conversations since i cancelled the builder, i dont think he will be recommending him to anyone else. He has been shocked too.

Thank you everyone for all your replies, much appreciated.

If you've asked him to remove the scaffolding from your property/land and he has failed to do so, you may actually have a case for charging him... he is, after all, using your land.

Do you have proof that you requested him to remove it? If so, you should contact him again ad say I'll be happy to allow you to remove the scaffolding and if we call it evens, I will not charge you for storing your equipment on my land.

iamcornholio

There is no chance of a customer making any charge for "storage"

The scaffold has been off-hired, and that is normally the end of the charge period. Now it is up to the builder to remove it, but there may be a period of time before it can be removed.

Unless the scaffold has been specifically required to be removed by a set day for a specific reason (eg blocking use of the property or preventing other work) then no compensation can be claimed because there is no loss by the customer

As I said previously, there may be a contract in place which the OP has cancelled. If that is the case then the contracted work has begun by the erection of scaffold, and the builder incurred costs. Now, the builder may have expected the scaffold to be in place for a set time, before removal to another job, so if it is removed early, which messes his plans up, then there could be an additional charge for that alone ..... over and above any compensation for termination of the contract.

So it depends on whether a contract exists

daggy

iamcornholio wrote: »

There is no chance of a customer making any charge for "storage"

The scaffold has been off-hired, and that is normally the end of the charge period. Now it is up to the builder to remove it, but there may be a period of time before it can be removed.

Unless the scaffold has been specifically required to be removed by a set day for a specific reason (eg blocking use of the property or preventing other work) then no compensation can be claimed because there is no loss by the customer

As I said previously, there may be a contract in place which the OP has cancelled. If that is the case then the contracted work has begun by the erection of scaffold, and the builder incurred costs. Now, the builder may have expected the scaffold to be in place for a set time, before removal to another job, so if it is removed early, which messes his plans up, then there could be an additional charge for that alone ..... over and above any compensation for termination of the contract.

So it depends on whether a contract exists

I thought the OP mentioned that the builder said he would charge the OP for the extra days that the scaffolding has been there? If the OP has invited the builder to remove it, the builder can't then charge extra for those days (assuming there's no contract) and if there is no contract, surely the OP could then levy a charge if the builder fails to comply?

I don't know, it's more conjecture/(my)logic on my part... you could argue that until it's removed, the works can't be started by another builder and this is an inconvenience.

As you say though, the contract is king.

iamcornholio

I think we've agreed that the builder can't charge a daily rate for the scaffold remaining - contact or not.

The OP would have had to specifically state to the builder something like "I need this scaffold removing by [date], as I have other contractors or [specific need] for the site to be clear by then". Only then can it be clear that the scaffold remaining does inconvenience the OP and potentially cause the OP a loss.

As for levying a charge, again there is no right/contract to do this unless the builder agrees. What the OP will have to do is sue the builder for his actual loss as damages, and can not sue for some random daily charge

glp

Hi, thank you all for your help and time taken to reply with advice.

An update from this afternoon - Phoned Consumer Direct who have opened a case for this, which i have to write to the builder stating:-

''''Under the cancellation of contract made in consumers home or place of work regulations, you did not give me any written cancellation rights, therefore this contract is unenforcable'''''

We are under no obligation what so ever to pay a penny, the builder has not acted lawfully. The case has been immediately passed to Trading Standards this afternoon aswell. The 'contract' wether written or verbal was with the builder not the scaffolding company (who we think is the builder now). We have been trawling the net, and no name, identification, or scaff tagging has been place on the scaffolding, and probably no licence to use it but thats not our concern just now. No daily charge can be made either, it is his bullying tactics to get mum to pay. I have to give him 7 days notice to remove it.
Next problem is trying to find him - cannot find an address or company premises, all i have is land line number, and cannot find him through that, so thats my next task. I doubt he will give me his address if i ring, but i may just have to do that later tonight and see what his response is.

Than you all.

keystone

There is a standard cost for two lifts of scaffolding and its iro around £400 a side depending on where in the country. Its a one off cost from a scaffolding company for erection and striking of said scafolding sometimes subject to a maximum time on site. There is not usually a daily hire cost.

The builder might say whats it got to do with you, my contract is not with you and in court you could possibly lose unless your relative has formally instructed you to act as their agent in this matter. Are you certain that the doorstep selling regulations apply in this case?

Cheers

glp

Hi, not sure about door step selling regulations, but i have explained in detail to consumer direct this afternoon and the above details are what they have told me where we stand, yes, my mother has appointed me to sort this for her.
The scaffolding was covering just less than half of a gable ended cottage, and 2 lifts and in west yorkshire. Thank you.