FabSwingers.com forum: Any legal eagles out there?

By (user no longer on site) OP
over a year ago

Really need some advice I've searched the Internet to no avail.

I have a storage container, now the last 2 months I've been poorly so not been over to pay the rent. Last payment was made 1st Nov, I went over last week with 2 months rent and to apologise only to be told he'd sold the lot. In shock I just walked away thinking there was nothing I could do but people have said he was in the wrong. I'm going to the CAB tomorrow but wanted to advice.

The container was in my late husbands name so the contract was between the two of them. Do I have rights or should I just leave it?

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By (user no longer on site)
over a year ago

Tried to mail you Zira but you have filters on. xx

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By *ittle_brat_evie!!Woman
over a year ago

evesham

do you have a copy of the contract?

i was put down as a second contact for my Masters storage space once (for his special toys

), he fell behind on payments so i was called a couple of times to prompt him lol they did say if it wasnt paid they would sell the contents to pay for the arrears

best thing you can do is read the contract ad see what it says before taking advice from the CAB or some no win no fee solicitor

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By (user no longer on site)
over a year ago

I would have thought if it was in your late husbands name, that the contents form part of his estate, and as such would not be able to be released or sold to anyone, even yourself until his estate is settled.

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By (user no longer on site) OP
over a year ago

I've looked for a contract and I can't find one, maybe it was a verbal agreement. He was so good with paperwork and I can't find anything.

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By (user no longer on site) OP
over a year ago

Thanks Laine I've changed my settings so you can PM me

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By *atisfy janeWoman
over a year ago

Torquay

If it's the company that begins with 'D' and is on the A38 at Heathfield, then they have a 90 day clause.

If you haven't paid nor been in contact by letter (providing proof of who you are) then they withold the right to dispose of container contents 90 days after the last day of contract.

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By (user no longer on site)
over a year ago

Zira go to the big yellow company website, they do container storage. Read their terms and conditions, they are there on-line. May be similar terms to the storage company you used.

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By *he_original_poloWoman
over a year ago

a Primark shoebox in Leicester

None of us can say if you have any rights or not.... you need to read the contract. If the contract does not make clear they were acting within their rights then seek advice. Take the contract along to CAB if you are not sure.... you may as well go if you have an appointment.

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By (user no longer on site)
over a year ago

Got no idea about the law but read this story in the evening standard just today

British writer Anthony Haden-Guest was distraught today after discovering his £660,000 art collection and all his belongings had been sold off in New York because he was late paying a bill for less than £1,000.

The 73-year-old socialite brother-in-law of Hollywood actress Jamie Lee Curtis put his possessions into storage when he moved back to London two years ago.

But when he returned to Manhattan, he was told the storage company had sold everything he owned because he hadn’t kept up to date on his monthly payments.

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By (user no longer on site) OP
over a year ago

Jane the company is near Bovey Tracey just before you get into Bovey.

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By *ouple in LancashireCouple
over a year ago

in Lancashire

"Got no idea about the law but read this story in the evening standard just today

The 73-year-old socialite brother-in-law of Hollywood actress Jamie Lee Curtis put his possessions into storage when he moved back to London two years ago.

But when he returned to Manhattan, he was told the storage company had sold everything he owned because he hadn’t kept up to date on his monthly payments.

ouch

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By *atisfy janeWoman
over a year ago

Torquay

"Jane the company is near Bovey Tracey just before you get into Bovey. "

Yes it's the one I am thinking about then, they have a 90 day disposal of goods contract with container storage rental.

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By (user no longer on site) OP
over a year ago

Thanks for that. Least I know. Would they have sold the goods at auction or just disposed of them?

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By (user no longer on site)
over a year ago

Without a contract and in your late husbands name - you don't stand a chance.

3 1/2 months since your last payment, 2 aleady outstanding, no contact prior to today (at least that's my take on your OP, may have got that wrong), even with a contract you are pushing it.

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By *atisfy janeWoman
over a year ago

Torquay

"Thanks for that. Least I know. Would they have sold the goods at auction or just disposed of them?"

I'm not absolutely sure but I think they use the SJ Hales auction rooms in Bovey Tracey down near Dolphin Square.

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By (user no longer on site)
over a year ago

"Thanks for that. Least I know. Would they have sold the goods at auction or just disposed of them?

I'm not absolutely sure but I think they use the SJ Hales auction rooms in Bovey Tracey down near Dolphin Square."

thats what this site needs..less whinging threads and more parochial ones

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By *atisfy janeWoman
over a year ago

Torquay

If you look up the SJ Hales website they catalogue most of the things they have coming up in their next couple of auctions.

You might see your stuff there if they are handling the disposal.

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By (user no longer on site) OP
over a year ago

Thanks to you all, you've been most helpful x

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By (user no longer on site)
over a year ago

"Without a contract and in your late husbands name - you don't stand a chance.

3 1/2 months since your last payment, 2 aleady outstanding, no contact prior to today (at least that's my take on your OP, may have got that wrong), even with a contract you are pushing it.

I have a feeling that this post is correct and that you will find it very dificult to get any recourse from this one. The only saving grace will be if the storeage firm did not correspond with you or ex hb. i am sorry to ask this but did you say that it was your late hubby? If so, did he have a will and a solicitor looking after the estate? If both are yes then wouldn't the solicitor be negligent? Its a long shot but.....

I don't mean to be calous in any way but learn from the experience . I work in comercial debt recovery but the same principles apply to consumer debt. always talk to whoever you owe money too, they may not be able to help much when they know but it will be an awful lot more help than they can give if they don't know anything.

good luck.

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By *bfoxxxMan
over a year ago

Crete or LANCASTER

Try a local solicitor, most will give advice before taking on a case. On my contract they do have precisely the right to dispose of the contents however they wish. You mist have had reminders etc. It's called having a lien on your goods.

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By (user no longer on site)
over a year ago

Would this not be covered by the "Torts (Interference with goods) act 1977" ?

I suspect that it would be, and if the holder of your property has not complied with the act, he may be in breach if it, regardless of what his contract may or may not say.

Unfair contract ?

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