How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hi Jo, this is in relation to the question I asked previously

Customer Question

Hi Jo,
this is in relation to the question I asked previously about scaffold. Unfortunately my relationship with the builder who has also supplied the scaffold on my house is about to turn sour with the result that he will end up owing me around £7500.00. I will sue him for this money. I doubt he will pay even if sued and even if I have a CCJ against him. It seems he has done the same scam before. Could I refuse to give back the scaffold to him until he has paid me the money he owes ? He hired a third party to supply and erect the scaffold. However I have the contract for it with him.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Yes
Alex Watts : You need to keep it safe and secure but you can refuse to give it back whilst money is outStanding.
Alex Watts : Can I clairfy anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I see you have requested me. Sorry I was offline.
Does he need to enter your property to remove the scaffolding? Please do not act before we have considered it as it is not likely that you can do this.
Expert:  Jo C. replied 2 years ago.
Actually, don't worry. I can see what you are asking.
You can actually only refuse to give the scaffolding back in the £7500 relates to the scaffolding.
You cannot hold onto goods which are not the subject of the dispute.
Even so, in your situation many people do just that which means that it puts the onus on to the other person (builder in this case) to issue legal proceedings to get them back.
If he did that or if the person who owns the scaffolding does that, they are likely to get that order and they could well ask the court to award costs against you so it could actually be quite an expensive exercise.
What you have to consider if you do sue him isn't whether he pays once you have a judgement against him but whether, if you were to making bankrupt, he has any assets which the trustee in bankruptcy could sell. If he is a man of straw then all the County Court judgements you can get will not actually give you any money.
I'm sorry that this is possibly bad news for you.
Can I clarify anything for you It would be different?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Jo this is becoming more and more relevant. The Scaffolding is necessary to conduct the work which the builder has not been doing. So in order to complete the project whether through the existing builder or through a third party the scaffold needs to stay. The contract for both the building work and the contract for the scaffold are with the same person. Since the builder is so far behind with the work I would also claim damages from him for hiring a scaffold to me for 12 weeks for £3500 that has effectively only been used on 10 working days. So 8 weeks of disuse I would value at £2333. So I would argue that the scaffold is very much part of my claim against him. Does this information change anything ?

Expert:  Jo C. replied 2 years ago.
Hi
You have rated my colleague's answer and not mine.
Was that an error?
Customer: replied 2 years ago.

Yes. I didn't realize there were two separate Experts until now. Happy to rate.

Expert:  Jo C. replied 2 years ago.
Ok.
So you intend instructing another builder to do the work?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice