urgent advice needed to remove scaffolding

fay01

Hi
I would really appreciate it if someone could help me with the major dilemma that I am in at the moment.

My husband wants to paint the exterior of the house. He got in touch with this person whom we know who also contacted a builder to erect scaffolding for the job.
Last Wednesday, and out of the blow, a scaffolder appears at our door step and starts negotiating with my husband. He agrees to do the job for £2500. He starts to erect the scaffolding straight away and leaves the job half completed after a couple of hours.
My husband then contacts this guy we know and he finds out that the cost covered ONLY the scaffolding!.
We could not believe it. We started getting in touch with a few scaffolder firms in the area (Essex) and they all gave us quotations in the region of £700 - £900.

We called the scaffolder to come round and discuss this issue. He turned up at 7:30am and started threatening us that if we don't pay him £1000 on the spot he will smash all our windows in the house, He started f ing and swearing and was very abusive. We called the police and they came to the property. They spoke to the guy and asked him to come back the next day with an empty truck to remove the scaffolding.

No one turned up. We called the owner of the firm. He was adamant that he will not come and remove the scaffolding until we pay him £1000. Otherwise he will take us to court.
We said we are willing to go to court.
He then started threatening us that he will be coming round to collect his main ladders etc but will not remove the scaffolding.

Now what can we do in this case?. We have a half completed scaffolding up, a very nasty company of scaffolders and threats that they will not remove the scaffolding?
Please help as this is turning into a nightmare and we cant see what other ways can we settle this matter with.

Thank you

Rockingit

Got a 21mm spanner?

Take it down yourselves if you feel able, and just leave it piled up for collection. Tell him that it's on the floor and ready to collect, unguarded and unprotected, visible to the open road.

One way or another, it'll soon disappear.

plumb1_2

The problem is your husband made a Verbal contract with him, and no doubt you informed the police what had happened? So if it went to court and had there version of what was said you would loose imo. But it would be a civil matter, and i don't think they would get involved.

I can understand you feel you have been ripped off over the price, but your OH should have made sure what was quoted for. So settle the issue offer him a few hundred quid to take it down.

If it was me i would just get a spanner and take the thing down.

southcoastrgi

so who is this guy you know ? is he the one doing the painting or just arranging for someone to do the job ?, what has a builder got to do with anything ?, what exactly did your OH agree with the scaffolder ?, tbh i would still have a word with the police that you are being threatened

al69

As he came to your house to negotiate the price he falls under the consumer protection regulations, specifically doorstep selling.
This means he is required by law to provide the quote in writing and also give you a 7 day cooling off period in writing too. Contact trading standards and they will confirm this and can take action against him on your behalf.
Unless you agreed to waive the cooling off period again in writing he hasnt got a leg to stand on.

These laws apply to any work over £30 where someone comes to your house to provide a service.

Btw a verbal agreement is only valid in business to business transactions.

Stampede_2

A few additional thoughts to maybe help:
Folks who threaten and bully you in the way you allege this scaffolding businessman has seldom go to Court as claimants, although they may well end up as defendants ! They are often the last person to understand the niceties of filling in a small claims so I would stand my ground and not pay him anything.

The whole basis of any contract is agreement, and not that with hind sight a person might have negotiated a better deal or rate for the job but that is not to say, in my view, that the price quoted is of no importance.

You thought you were negotiating a price that included the house being painted, not just scaffolding being put up. Having regard to the prices in the industry for erecting only scaffolding , which the scaffolder would be fully aware of I would argue that the scaffolder must have been aware of what you thought you were getting OR, and this is just as important - he was a rouge trader prepared to rip you off. Neither of those actions would likely endear him to a Judge.

There was not equality between you - him a business man - you an ordinary householder, a verbal contract can amount to a contract but verbal has it flaws in that proving what was said to amount to a contract adversely affects him just as much as in this case it benefits you.

So to recap and reiterate - in my view there was no contract because there was no consensus between you - there was a mutual mistake, you thought you were getting one thing - him offering something else. Any offer and acceptance didn't coincide and they must do for there to be a valid contract.

Don't pay and remind him, it is a criminal offence to harass a debtor - if he thinks you owe him he must go through the proper channels, which he wont.

cyclonebri1

It wouldn't be a problem in this neck of the woods, the !!!!!! would have had it away by now:o:o:o;)


The serious point is that I suspect that you could be held responsible for it whilst it's on your property

mr-bob_2

cyclonebri1 wrote: »

It wouldn't be a problem in this neck of the woods, the !!!!!! would have had it away by now:o:o:o;)


The serious point is that I suspect that you could be held responsible for it whilst it's on your property

It's a bit unfair that he would be responsable for it when they are refusing to remove it and it shouldn't be there. Can he charge them a rent for using the land to store their scaffolding?

Do you get free legal advice with any of your insurances or banking? Perhaps give them a ring and seek some advice?

cyclonebri1

mr-bob wrote: »

It's a bit unfair that he would be responsable for it when they are refusing to remove it and it shouldn't be there. Can he charge them a rent for using the land to store their scaffolding?

Do you get free legal advice with any of your insurances or banking? Perhaps give them a ring and seek some advice?

I agree it would be unfair, but what's fair in life;)

Family legal protection advice would be handy if the op has it, good point.


Going back to the original point, I find it somewhat incredible that confusion could be made as to whether the cost was the scaffold only, or the whole job.
The op states that he asked the builder for a quote to erect the scaffold, no mention of painting the place, wouldn't anyone have talked about colour/how many coats/what type of paint etc etc at that point?

Mr_Ted

:)Some sound advice here, but a question that I would have been asking is, where did this rogue come from in the 1st place, who sent him round and on what basis, because whoever sent him is obviously as trustworthy as the scaffolder himself;)

I believe also that derogatory terms, such as !!!!!! come under the heading of racial discrimination these days?????????
There are rogues of all denominations, so care needs to be used when making such comment!!!!!!!!!!!!!!!!!!

southcoastrgi

Mr_Ted wrote: »

I believe also that derogatory terms, such as !!!!!! come under the heading of racial discrimination these days?????????
There are rogues of all denominations, so care needs to be used when making such comment!!!!!!!!!!!!!!!!!!

CY i think you missed out theiving in front of that term, does that make me un-pc ? oh what a shame, i shall punish myself by reading the mail on sunday right through.

ok i won't i lied :cool: