Scaffolding not removed

[KuiperKaren]

Would like some advice on how to go about getting scaffolding removed.  Cardinal Roofing of Exeter arranged for Spot On Scaffolding to erect the scaffolding in order to inspect the roof.  Unfortunately, the scaffolder demanded cash which my husband agreed to   I realise we should have waited for a written quote.  However, the damage is done.  Cardinal Roofing gave a verbal estimate of £18K for the repairs which we declined.  We asked that the original work request of replacing a tile which had blown off be done.  This was not done.  We have phoned Cardinal Roofing and Spot On Scaffolding many times.  Spot On became abusive.  Cardinal Roofing keep promising that the scaffolding will be removed.  It has not.  It went up on 7 April, we paid £400 cash on the 8th.  And nothing has happened since.  We would like the scaffolding gone in order for a reputable company to repair the roof.  They (and others) will not remove the scaffolding.  We have filed a complaint to the police and are currently awaiting a response.  Has anyone else experience this recently and found a solution? 

[The GodMother]

Get off the Phone. 

 

Send a recorded letter to the roofers and scaffolders giving them 10 Calendar days to get it down or you will be taking the matter further

[stu007]

Hi

 

The GodMother is absolutely correct you need to stop dealing with this by phone as you now need to keep a good paper trail of everything that is happening with this dispute of you requiring removal of this scaffolding.

 

You have tried to be amicable with both the Roofing Company and the Scaffolding Company employed and your wish that this scaffolding is removed from your property.

 

You need to put everything in writing and ensure to keep copies of everything and either get free proof of posting from the Post Office or send it tracked signed for.

 

I would do a letter along the lines of but please wait for others to advise before sending this to see there opinions:

(feel free to amend to suit your needs)

Your Address

 

There Address

 

Dear Sir/Madam

 

Formal Complaint

 

Reference: Scaffolding at (insert Property Address)

 

To date I have been in contact with both Cardinal Roofing and Spot On Scaffolding requesting the removal of this Scaffolding from my Property.

So far this has not been complied with and specifically when I contacted Spot On Scaffolding for the removal of this Scaffolding the tone of the individual I discussed this matter with was disgraceful and abusive.

 

To that end and just to be completely clear on this matter note the following:

 

1. I now fully withdraw any consent for this Scaffolding to be on my Land/Property from the dat of this letter.

 

2. I now class this Scaffolding as an Invasion of Privacy / Nuisance and Trespass.

 

3. I will charge £50 per day Storage Fee / £100 per day Nuisance and £100 per day Trespass this does not include if I have to employ another company to dismantle and remove this scaffolding and any other extra costs involved which will be applied.

 

4. I also note with HSE that you are required in order to comply with HSE legislation you are liable to ensure the scaffolding installed at my property is safe, Regular checks and notices need to have been applied since it’s installation on 7th April 2022 which in my view you have failed to comply with as there have been no regular checks of this scaffolding since installation.

 

5. Should you fail to remove the scaffolding, the Torts (Interference with Goods) Act 1977 allows me to sell goods left at my property. The Act states I must serve notice stating my intention to dispose of the items, how you can arrange collection, and that disposal of the items will not begin until the notice has expired.

 

I am now also giving you notice in accordance with that Act to remove the abandoned scaffolding from my property within the next 14 days of this letter.

 

I look forward to your resolution in this matter of removing this scaffolding from my Property.

Signature

CC:

 

Spot On Scaffolding (add full address here)

 

Cardinal Roofing (add full address here)

 

You then send a copy of the above letter to both Spot On and Cardinal.

 

[KuiperKaren]

Thank you all.  Through another site, related to CAB or similar, this case has been passed to Trading Standards who are dealing with it I had in the meantime sent letters to both companies.  It will be resolved!

[The GodMother]

When did you send the letter. Any update 

Edited May 20 by The GodMother

[Its WAR]

It happened to me. Hurry up and get the tile repaired, before the scaffolding is down. The scaffolders do not want to take the scaffolding down just to take it back to their yard. At the moment you are storing it for free for them. They hope it will stay with you until they need it for the next job, they will then take it down and then straight to the next job. You need to be dealing with the contractor who instructed the scaffolding firm. Issue the contractor a 7 day notice before action. Copy the scaffolding firm is as second defendants and sue them too. They will hate that and you would probably lose against them as your contract is with the contractor.................but they might get the contractor to settle any outstanding affairs with them if any..........or just take it down anyway. Add in your storage costs. Issue the summons (hopefully you have already issued them a notice before action). They will come and take the scaffolding down eventually but will hate paying you a storage fee and hate having a hearing. Get your hearing even if the scaffolding has gone. Let the court decide about whether you win a storage fee. If you lose it will only cost you a £35 issue fee and maybe a £50 hearing fee and worth every penny just to know you fought back.