Scaffolder Trying to Scam Me!

[Spannie1000]

We have had a scaffold erected for some time on our property, and the scaffolder, after many calls, and a number of no shows, finally came to get it down a couple of days ago. He took a few poles down and then said that the bolts are seized and I needed to buy a special scaffold restorer (£80 a tub and he said we needed 3 tubs) and treat all the bolts over a number of days, or he could do it for £1,100! He is rather an unsavoury character and has tried to bully me into paying extra to put right other parts of the scaffold, which eventually we managed to get done for free (whilst he was in prison and someone else was running his company). I have sought advice from my contractor and the scaffold will come down easily. Scaffolding seizing up and being impossible to strike is not a thing that happens. In fact my contractor's usual scaffolder has suggested we email and give a deadline for the removal and to say that it will be removed if not taken down by the deadline, and to inform the scaffolder that his company has offered take it away for free, (which they have) and they can then contact him regarding retrieval of the scaffolding.

We need the scaffolding down and I gather that whether we bought the stuff to put on the bolts or not this is his MO - he still would have come back and said it wasn't budging because we didn't apply the restorer properly and they would have to charge. Furthermore the stuff he wanted me to buy is a restorer and he would be getting a free renovation of his kit at our time and expense, when a can of WD-40 will free up any tight bolts for a mere fiver!

My question is, is it legal for me to demand removal and get someone else to strike the scaffold if not removed by the deadline?

Thanks - any advice much appreciated!

[des8]

Hi and welcome.
Do you have a copy of the hire T&Cs you could post up?

And I'm wondering where one buys "special scaffold restorer" to be applied whilst in situ and what it could possibly do for corroded nuts and bolts.
Sounds like another type of snake oil.

Only " restorer" appears to be "SCAFFBRITE", but the parts need to be submerged in the tub for a few hours which is difficult when halfway up the side of the building!

I suspect you will need to take action under the Torts (interference with goods) act 1977, but lets see the T&Cs first

[2222]

I'm sure Des is right to see the contract terms, but You might try to involve the police. It does sound like fraud.

Assuming you are a consumer, you have the right to bring in a contractor to remove the scaffolding after giving reasonable notice. The problem will then arise about any missing bits. You'd be wise to make a detailed inventory before it is dismantled.

most scaffolders are keen to dismantle the scaffold as soon as they have another job to take it to.

[Spannie1000]

Hi, thanks for the replies, the stuff is called Scaffeze, and I will check to see what I have in thw way of t&cs although I don't remember getting any.
Also the hire was done in the name of our Limited Company as it's on a house we are renovating to turn into a holiiday let. Should have stated that, sorry!

[MIKE770]

Scaffeze Penetrating Oil 20L Drum Anti-Seize Scaffolding Fitting ...

[2222]

20 litres of oil on the scaffolding. That would be enough to make the whole thing lethally slippery?

It did occur to me that the OP could get a firm to remove the scaffold, then write a letter to the scammer thanking him for removing it. When the scammer asks what's happened to all his gear, the OP denies all knowledge.

[Spannie1000]

The joke of it is the scaffolder said we needed to buy 3 lots of scaffeze, not just the one! That was when he was offering to buy the scaffeze and do the work himself. He said 3 drums would cost me £400.

[Spannie1000]

Just to confirm there were no t&cs supplied at the time, and the scaffolder's limited company is now dissolved, and the scaffolder has started trading under a new company name.
I googled both tge old and new scaffolding company names and can find no t&cs online anywhere either, after an extensive search.
I have the original quote sent by email and the invoice which we paid. The only personal info on them is our email address and my first name, so is it ok to post these up without having to blank anything out?

[des8]

As you don't apparently have any T&Cs/written contract if I was in your position I would write (1st class with free certificate of posting) to the now dissolved company telling him he has 14 days (?) in which to dismantle and remove scaffolding
If he fails you will employ a qualified scaffolder to dismantle it following which you will put it up for sale by public auction.
When it has been sold you will send the company any surplus monies after deducting your expenses, which will include charges to dismantle, transport to auction site and all auction costs.
Mention in the letter that this is as per your rights under The Torts (Interference with Goods) Act 1977

A dissolved company of course has no existence, so your payment cheque probably can't be cashed, and if you were to dispose of the scaffolding there is no one to sue you!!

[2222]

The company may have a liquidator, who is entitled to the scaffolding. If the company has been dissolved, I think the scaffolding is bona vacantia and belongs to the Duchy of Cornwall? I'm not sure the original scaffolder has any right to it, unless he has bought it from the original company.

How long long has this scaffolding been up for?!

[des8]

But if you haven't been told about the company being dissolved just carry on in ignorance!
See if giving the owner enough rope, he will hang himself

[Setmefree3]

Question submitted to the HSE
Q. Must I use a tag system on a scaffold?


A. Although tag systems are not a legal requirement, the law does require inspection of scaffolding from which a person might fall 2 metres or more and the issue of a report by a competent person, on completion and at least weekly thereafter.

A risk assessment may find the need for more frequent inspection of scaffolding. Inspection may also be required after bad weather and always after any modification.

Using a visible tag system to supplement inspection reports is a useful way of ensuring those who need to access the scaffold know that it has been inspected and is safe to use.