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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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Hi Jo, this is in relation to the question I asked previously

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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.
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: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
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.
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 C., Barrister
Category: Law
Satisfied Customers: 71154
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 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 ?

You have rated my colleague's answer and not mine.
Was that an error?
Customer: replied 3 years ago.

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

So you intend instructing another builder to do the work?