Safety deposit box firm scam ?

[blade81]

Hi,

Im after some advice my father and I took out a safety deposit box from a well known firm in Leicester travelling up from Sheffield. We took the box out and paid for 12 months 5 September 17 - 5 September 18.

We only went once once to take some jewellery out on 17 July 17 this year and made them aware we would be removing all items from the box by renewal time on 5 sep double checking the date. Anyway today we have gone removed all items and handed back the box key cards and key and when we did this they’ve said you have to cancel four weeks before on the 9 August otherwise have to pay for a full year again even though we are not using the box the verbal communication on 17 July is not valid had to be a signed written letter. They then showed us the small print clause. I feel this is a trap as we were not informed of this surely they have a duty of care they could have told us on 17 July you need to write us by 9 August. They didn’t send us any correspondence either only an email dated 21 August to state that renewal is on 5 sept and methods to pay so after the 9 August cutoff.

I imagine many many customers must fall foul to the clause. Basically they said we had to pay £299!! or they would take action against us. They said the 250 we paid as deposit that should be refunded would not be so we only had 50 to pay.

How can they justify this surely there is some sort of cancellation charge that shouldnt be the full amount also why would they have the clause in the first place then to trip people up. He said because they would have renewed the insurance then but wouldn’t show me any evidence and also we took the box out on 5 sept last year and they told that insurance was already in place.

thanks

nikki

[des8]

You may have a case under the Consumer Rights act 2015 (CRA2015)

section 62 requires contract terms and notices to be fair
Schedule 2 part 1 lists examples.
number 9 will be of interest to you
http://www.legislation.gov.uk/ukpga/...dule/2/enacted

[blade81]

Hi

thanks so much for the reply des8 how would I go about resolving this via trading standards? as they were adamant they were in the right and the contract protected them. It shows 250 as credit they are using the deposit we should have got refunded and the 50 we paid today. I was just astonished that he didn’t see anything wrong with it. You are clearly robbing your clients.

He even said when do you want to cancel for next year hello we aren’t keeping the key cards or the keys we won’t be using it so now. One thing I did do was get him to write box cancelled and sign and date it on the receipt they gave us for paying for next year as I totally mistrusted them at this point.

thanks

nikki

[des8]

So you have actually paid the company the £50 balance? and have returned the keys?

Could you either post up a copy of the contract or provide a link to where their terms and conditions can be found on the internet.?

To report to trading Standards you have to go via Citizen' Advice, who will assess your case.
Whether or not it is worthwhile is a matter of some debate

You will now have to write to the company (it is a Ltd Co ?) and request a refund of your money on the grounds that their Contract contains unfair terms and conditions.
Refer to CRA 2015 Schedule 2 Part 1 paragraphs 5 & 9 (there might be other unfair terms)

Try and negotiate an amicable settlement, as court is a last resort.

[blade81]

Hi Des8,

Thanks for your reply. To be honest I felt a bit intimidated and we paid the £49 (they 'credited' our £250 deposit like they were doing us a favour). Yes they are a limited company. Basically I can write to them but the person dealing with us said I've discussed with the managing director (he did go into the office) and the answer is no you must pay, we are well within our rights as per contract. They didn't even seem to acknowledge that it was absurd they were charging us for the full year again. I just think they don't ever want to give people the £250 deposit back why else have the clause.

I feel I have no option but to speak to Trading Standards.

There is nothing on their web site re the four week cancellation. I have sent you their web site address.

This is what it states in the contract:

Last date for cancellation notice is 9th august every year

Then further in the contract:
8. Both the Licensor and the Licensee shall have the right without assigning any reason at any time to terminate the Agreement by giving the other not less than 4 weeks written notice of intention of doing so. In the event the termination conditions hereof shall apply on the expiry of said notice:
a) in the event that the Licensor terminates this Licence at any time before the expiry the Initial or any Continuation Period it shall refund to the Licencee the pro rata balance of the Licence fee for the unexpired Licence period;
b) in the event that the Licensee terminates this Licence before the expiry of the Initial Licence Period of any Continuation Period the Licensor shall retain the Licence fee for that period of the Licence that has not expired since the commencement of the current Initial or Continuation Period;
c) on terimnation of the Licence the Licensee shall remove from the Locker all the contents therefore, except for the original inner container provided by the Licensor, and shall forthwith deliver to the Licensor all the keys access cards and other means of identification which had been provided by the Licensor.


Thanks for all your help.

Nikki

[des8]

Speaking to an erk on the phone is not the same as writing to them, setting out your concerns and referencing the CRA 2015.