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Builder won’t collect his things, what do we do?

16 replies

Tsc2011 · 05/10/2023 09:00

Hello,

I’ve posted about our issues with this trades person before and we’re currently going through small claims as he’s refused to complete the work and caused a lot of damage to our house.

However, we have a issue which Citizen’s Advice won’t advise us on and our solicitor (through our insurance and who has been pretty useless) won’t comment on which we could use some advise on.

When he walked off the job he left a load of his stuff at the house which he asked for. We agreed he could collect it and after months of asking him to collect it he did but he left a large pallet of wet plaster in our parking space. It’s an eye sore and a nuisance and he knows it. We wrote to him and asked again that he remove it but he said he would have to “speak to his legal representative” (he doesn’t have one) first.

He argued that we owned it (part of his claim) but has since admitted to the court that he purchased it.

Back in June we gave him a month to collect but he didn’t and CAB said that if we removed it he could add it to his claim against us. It’s been there since January!

The space is a sort of lay-by in front of the house that I think is actually owned by the council as it’s on the main road. The pallet has our address but his name on it.

I added photos of the pallet to our evidence but from what I’ve read I don’t think the small claims judge could instruct him to remove it.

Due to him delaying the court process (non payment of fees and missing deadline) we might not be in court now until early next year.

Does anyone know what we can do about this?

OP posts:
2chocolateoranges · 05/10/2023 09:04

I’d phone and pay for someone to come and collect it to take to the dump. Less hassle that way.

Rainbowshit · 05/10/2023 09:07

I'd take your address off it for a start.

senua · 05/10/2023 09:08

The space is a sort of lay-by in front of the house that I think is actually owned by the council as it’s on the main road. The pallet has our address but his name on it.
Take your address off but leave his name on and report it to the Council. In the report I'd probably also tell them his address and telephone number, too. Just to be helpful.

Livinghappy · 05/10/2023 09:10

Is it usable? If it's not and deemed rubbish then just pay to have it removed...or take it yourselves in various loads to tip.

Prior to this I would advise the builder of your plans to dispose of it in writing and then just get on and do it if you want your car parking space back.

Moldywarpedalright · 05/10/2023 09:19

I am of the same opinion as 2chocolateoranges it's not worth extending a legal battle for this. Get rid and sever your links with the shyster!

Moldywarpedalright · 05/10/2023 09:20

Yes definitely let shyster know in advance what you are doing and give him 30 days to collect or something ... .

Tsc2011 · 05/10/2023 09:24

Thanks everyone. This guy is particularly litigious (we have a very strong case to claim against him but we’re planning to leave it. We’re only going to court because he made a claim against us so we counterclaimed). We’re not bothered about claiming the cost of removal from him but CAB warned that he could claim against us if we got rid of it.
I thought about telling the council but I’m worried that they’ll label us as flytippers as we employed him at the time he put the stuff there.
The other option we considered was bagging it up and delivering it to his address, obviously pre warning him first so he has plenty of opportunity to collect it himself.

OP posts:
AxolotlEars · 05/10/2023 09:36

Take your address off. Report to the council, just as you would if a mattress has been dumped there. You have evidence from court that it's his.

LadyGaGasPokerFace · 05/10/2023 10:46

Yeah, bag it up and dump it on his driveway blocking his van in. He’s had plenty of opportunities.

Collaborate · 05/10/2023 14:05

If this were on your property you'd have to read up on the Torts (Interference With Goods) Act. As it's on the highway it's simply something you need to report to the authorities.

Tsc2011 · 05/10/2023 14:44

Collaborate · 05/10/2023 14:05

If this were on your property you'd have to read up on the Torts (Interference With Goods) Act. As it's on the highway it's simply something you need to report to the authorities.

Thanks, I did wonder if that was the case. I phoned the council today and they said to email Environmental Health with all the details as it would be dealt with as fly tipping.
I’m just worried that because we employed him at the time that we could be accused of fly tipping (despite him ordering and paying for the pallet). I’m sure some councils are great but ours is not and I can see them going for the easiest option of going after us rather than having to look for him.

OP posts:
Rainbowshit · 05/10/2023 19:48

Make sure your address is not on it before reporting it.

LaviniasBigBloomers · 05/10/2023 19:50

Take your address off it and get a neighbour to report it for flytipping.

Fleabane · 05/10/2023 20:01

You know he's litigious. Just pay to get it removed and then it's OBE less thing to think about.

Fleabane · 05/10/2023 20:01

One. Not an OBE!

gettingolderbutcooler · 05/10/2023 20:21

Oh no! Someone came in the night and stole it!
😉

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