Storage unit unpaid bill, goods siezed, what next?

[HJKCroydon]

I appreciate I'm in the wrong for letting the bill mount up, which was mainly because a client of mine failed to pay me for about 6 months.As the account was in default, the goods have been removed and 'will be sold at auction' but the storage company refuses to give me the name of the company which has siezed the goods. Do I have any legal right to buy my own stuff back at auction in order to discharge some or all of the debt that way, or to at least speak to the auction company regarding items which have no resale value but which I would like to reclaim?

[des8]

Re: Storage unit unpaid bill, goods siezed, what next?

Yes, you can buy what were your own goods at the auction.
By telling the auctioneers that certain items have no value, but you want them back, you have effectively told them they have a value to you.
They will of course then offer them at auction and you will have the chance to purchase them!

[ploddertom]

Re: Storage unit unpaid bill, goods siezed, what next?

Who & how were the goods removed? What paperwork did you receive?

[HJKCroydon]

Re: Storage unit unpaid bill, goods siezed, what next?

Who & how were the goods removed? What paperwork did you receive?

The goods were removed yesterday morning. I found out when I rang them up. I had thought that my stuff had already gone but I had another bill from them last week and a message to ring them.

The staff onsite say it's 'out of their hands' - I emailed the head office and got a rather snotty email in reply saying it wasn't their policy to reveal the name of the auctioneer/bailiff or whoever took the stuff.

Obviously *someone* is going to be chasing me for the debt, so I don't see why they can't just tell me who. Most of the stuff has little or no value to anyone else so I'm worried that they will just trash it without even trying to get the money out of me (or anyone else).

[ploddertom]

Re: Storage unit unpaid bill, goods siezed, what next?

If they won't cooperate, as I believe they have acted unlawfully then tell them you will report the matter to the Police as theft.

I'm a bit confused though, where were the goods and what type of goods are they? Also what status do you trade as - Sole Trader, Partnership or Ltd Co?

[wales01man]

Re: Storage unit unpaid bill, goods siezed, what next?

To do anything re. this debt there must be paperwork without that is it theft?

[HJKCroydon]

Re: Storage unit unpaid bill, goods siezed, what next?

It's personal items from a self-storage unit. (I do occasionally sell stuff on market stalls but didn't book the unit as a business thing.) They did leave me a couple of phone messages asking me to contact them, and I have had letters in the past regarding the unpaid bill. I am fully aware that I'm at fault for not paying, but it just doesn't seem logical that they won't give me the information to sort the matter out.

[ploddertom]

Re: Storage unit unpaid bill, goods siezed, what next?

Let me try & get my head round this.

You have some goods in a self storage unit. Someone has come round and lifted them for whatever reason. Begs the question as to who let them in and did they know them or otherwise what paperwork did they show? Can you account exactly for what has been taken down to the last washer?

In my view this has been an illegal act and should be reported to the Police to investigate.

[HJKCroydon]

Re: Storage unit unpaid bill, goods siezed, what next?

SOrry I am obviously not making myself clear. I had stuff in a self storage unit. I haven't paid the bill. The storage company have had the unit emptied but won't tell me which firm they used to clear the unit and sell the goods/chase the debt.
They did warn me that this would happen 'soon'.

[wales01man]

Re: Storage unit unpaid bill, goods siezed, what next?

It is clear the question is have you any paperwork up to the goods being taken

[ploddertom]

Re: Storage unit unpaid bill, goods siezed, what next?

Ah - bell goes off in brain - it is for unpaid rent for the storage unit, what you have said previously led me and possibly others to believe it was for goods purchased. In that case it is a little different, I'll come back later.

[enquirer]

Re: Storage unit unpaid bill, goods siezed, what next?

They did warn me that this would happen 'soon'.

So there was warning. Presumably there was other correspondence with regard to the arrears.

What do the storage companys Terms & Conditions have to say about unpaid bills? I would be very surprised if there was nothing in there about their right to dispose of a customers goods.

At a guess, the reason that they do not disclose to which auction house goods have been sent, is the fear that an irate former customer might turn up and make a scene at the auction.

[bluebottle]

Re: Storage unit unpaid bill, goods siezed, what next?

The self-storage company may have a right of lien, but the onus is on them to prove it is a lawful lien. As to them not disclosing the name of the auctioneer, I would remind them that both they, whoever opened the storage unit and the auctioneer could be up Crap Creek without a paddle if any items they have removed are the property of a third party. Commercial entities need to exercise care when formulating terms and conditions and have it checked by a legal professional who is competent in Contract Law. All too often I have come across terms and conditions drawn up by legal professionals dealing in Commercial (Corporate) Law who don't appear to realise that what they have written can and may have legal implications for their clients. This happened with the car-clamping firms until the courts started jailing some of them and Parliament was forced to act.

[Silent assassin]

Re: Storage unit unpaid bill, goods siezed, what next?

Hello HJ

First of all do the company with whom you have dealt have a legal right to deal with your goods as though they have an interest and then pass them onto a third party? I do not believe that they have.

Let us assume that the company do not have the legal right to confiscate your goods. This would mean that they have committed "trespass to goods" (tortious liability) or Torts (Interference wit Goods Act) 1977.

This is basically where goods have been damaged, sold, discarded or used. Liability is strict and therefore all that needs to be shown is an adverse possession. It is no defence saying they "Did not know" or "thought they have a right to them". Let us say someone takes my pen in the wrongful belief it belongs to them. The fact they have used it is enough.

If the goods could not be seized by them then the tort has been committed. As they have no right to the goods then title cannot be transferred to the auction house and they cannot sell them.

The remedies:

1. Sue under the tort of conversion against the self-storage company
2. Sue the third party who now has your goods (as title cannot be transferred to them)

Unless the goods are unique in nature it is highly unlikely specific performance will be granted.

[Ajoms]

Re: Storage unit unpaid bill, goods siezed, what next?

Please can anyone he!p me too, my belongings were sold without an audit or a court order.

I asked the company if they got court orders for disposal of the items and I was told they didn't need that under the agreement I signed

I requested for a copy of it under FOI act and I was told they won't deal with anymore except with my lawyer as I advised them I would pursue litigation as an option.

Please any help In the right direction would be most appreciated