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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23354
Experience:  Senior Partner at Berkson Wallace
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I'm having an issue getting a scaffolding company to come

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I'm having an issue getting a scaffolding company to come and remove their scaffolding from my property. I gave them a deadline of 9/2/2020 (by email and text) after 5 weeks of chasing them and them either not responding or failing to turn up as promised and am wondering if I can legally dispose of the scaffolding myself
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have a number of texts we've sent them, I've also emailed them, we've repeatedly contacted them by phone. Yesterday he called the builder and said he'd be here first thing this morning but its about the 6th time hes said that and then not turned up. In the texts and email I have told them that after the 9th february, I would assume they no longer wanted it and take steps to have it removed myself but he said he'd take us to court if we did that.
JA: Where is the property located?
Customer: Birchencliffe, Huddersfield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He hung up on us yesterday when we challenged whether they would turn up today and we have had no contact since

This is a very common question.

If you want it in place, they charge you.

If don’t want it in place, they will remove it.

There is a reason and I have a personal friend who was in exactly this situation.

It is free storage!

I find it absolutely bizarre that they will remove it and then tell you that they will take you to court if you dispose of it.

You now need to send them notice to remove it within the next 28 days. Give them a date deadline not just a number of days. That way, there is no dispute when the deadline expires. The deadline has to be reasonable the courts of found four weeks is reasonable. I know they have had plenty of time, but you could have given them this notice (had you known about it) weeks ago.

Proof of posting from the post office counter and also send by recorded delivery.

You tell them that this is notice under the Torts Interference with Goods Act 1977 and that if they do not remove the scaffolding by the deadline, you will dispose of it and seek the costs of disposal from them, through the county court if necessary.

Tell them that if they are minded to issue court proceedings against you, you will produce this notice to the court as evidence of their unreasonable behaviour and in any event you are going to ask the court to award costs against them in respect of the legal proceedings.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J and other Law Specialists are ready to help you
Customer: replied 7 months ago.
I have been told that I can invoice them for storage and 'nuisance' while it is on my property - is this correct?

You can invoice them for what you like, whether you get it or not is something else altogether.

It would certainly not stop me threatening it and adding it onto the claim and then, if it gets to court, letting the judge decide.

Customer: replied 7 months ago.
Thanks - I'll consider it.

Glad to help