Paid builder for scaffolding and company has illegally broke in on site and removed it

Answers25

Hi I employed a builder and paid him for works never completed ,including for scaffolding around my property. Due to issues I informed him his services were no longer required , he contacted the scaffold co to take down  the scaffolding , they unlawfully broke into my land /site and dismantled the scaffolding without contacting me and have caused damage to the materials. Bricks and blocks on the scaffolding by throwing them to the ground. I have photo evidence before and after. I believe the builder owed them money , how do I take action for. The Illegally trespassing onto my land which was fenced and locked and signed keep out , and damage to materials and the money paid to the builder for which was included in the stage payment of contract ,  any help , suggestions please.  Many thanks 

FlorayG

You can report criminal damage to the police but best of luck with that, I reported some over 18 months ago, have a witness, they asked did I want to press charges I said yes, I've heard nothing from the police since.
Trespass is only a civil matter you would have to sue
Money you need to go to small claims court about

MattMattMattUK

Answers25 said:

Hi I employed a builder and paid him for works never completed ,including for scaffolding around my property. Due to issues I informed him his services were no longer required , he contacted the scaffold co to take down  the scaffolding , they unlawfully broke into my land /site and dismantled the scaffolding without contacting me and have caused damage to the materials. Bricks and blocks on the scaffolding by throwing them to the ground. I have photo evidence before and after. I believe the builder owed them money , how do I take action for. The Illegally trespassing onto my land which was fenced and locked and signed keep out ,

Trespass is a civil offense rather than a criminal one, keep out signs are meaningless. They do not need your permission to remove the scaffolding, but they are not permitted to damage your property whilst doing do. Did they cut through any locks?

Answers25 said:

have caused damage to the materials. Bricks and blocks on the scaffolding by throwing them to the ground.

and damage to materials

At this stage who owns the materials? Did you pay for them or did the builder?

Answers25 said:

and the money paid to the builder for which was included in the stage payment of contract ,  any help , suggestions please.  Many thanks 

Your dispute is with the builder. What had you received ahead of the project starting, a quotation, an estimate, a contract, copies of public and professional liability insurance? How did you pay, card, bank transfer, cash? How much were you quoted, how much have you paid and how much of the required materials are on site? When you say "works never completed", what was the agreed schedule ahead of work commencing and how far behind schedule were the works? How many days has it been since work stopped? Is the builder a sole trader or an Ltd?

Ergates

There's no such thing as "illegally trespassing" in the UK - it isn't a crime.

If they have damaged materials and/or caused damage to the site, then document the *actual* losses they have caused.  The first step would be to write to them and ask them to reimburse you for the losses.  When you do so, do not accuse them of acting illegally - this will get you nowhere.  Say something like "Whilst retrieving your scaffolding from X (your address) you workmen damaged the following materials:  xxxxx.   The cost of these materials is xxxxx".   Unless the cost of replacing the damaged materials is significant, it is almost certainly not worth pursuing beyond that.

MattMattMattUK said:

At this stage who owns the materials? Did you pay for them or did the builder?

EDIT:  This is key - unless you directly purchased the materials, or perhaps if you paid the builder a separate specific sum for "materials", then you don't own them, so can't reclaim their costs.

Any money paid to the builder is between you and the builder, not the scaffolders - you have no contract with them.

Grumpy_chap

Answers25 said:

Hi I employed a builder and paid him for works never completed ,including for scaffolding around my property. Due to issues I informed him his services were no longer required , he contacted the scaffold co to take down  the scaffolding , they unlawfully broke into my land /site and dismantled the scaffolding without contacting me and have caused damage to the materials. Bricks and blocks on the scaffolding by throwing them to the ground. I have photo evidence before and after. I believe the builder owed them money , how do I take action for. The Illegally trespassing onto my land which was fenced and locked and signed keep out , and damage to materials and the money paid to the builder for which was included in the stage payment of contract ,  any help , suggestions please.  Many thanks 

I think for the forum to give fuller advice to the OP, additional information would be required about the nature of the dispute with the builder. 
What moneys were paid when and how?
What was the original project?
How much of that project has been undertaken?

Whether the builder owed the scaffolder money is none of the OP's business.

Was any damage done to the OP's property / premises / locks?  
Remedy for damage to the bricks and blocks depends on who those materials belong to.
The scaffolder had valid reason to be on the OP's property so trespass is not really relevant.

Jumblebumble

Answers25 said:

Hi I employed a builder and paid him for works never completed ,including for scaffolding around my property. Due to issues I informed him his services were no longer required , he contacted the scaffold co to take down  the scaffolding , they unlawfully broke into my land /site and dismantled the scaffolding without contacting me and have caused damage to the materials. Bricks and blocks on the scaffolding by throwing them to the ground. I have photo evidence before and after. I believe the builder owed them money , how do I take action for. The Illegally trespassing onto my land which was fenced and locked and signed keep out , and damage to materials and the money paid to the builder for which was included in the stage payment of contract ,  any help , suggestions please.  Many thanks 

Did the scaffolding company simply turn up and break in  or did they discuss access and you refused ?

TELLIT01

What damage did they do in 'breaking in'?