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Where do we stand

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  • Where do we stand

    Hello everyone first time posting.
    Hoping somebody could point me in the right direction.
    My brother in law rented out a storage unit and due to being signed off work was unable to pay 1 months invoice but he did contact the company to explain.
    Agreement was made to make the payment the following month which he failed to do as he was struggling financially and focused on keeping his home going and in this time his phone got cut off.
    He has recently been reconnected and had recieved 2 emails from the company stating they had arranged for removals of goods and another saying goods had been removed. Obviously he knows he was in breach as he did not keep up payments. But the only correspondence from the company was through email and phone which was unsuccessful due to his phone being cut off. No letters to his home address.
    I contacted them today on his behalf to be told that actually his goods were removed yesterday yet the email stated on the 18/12/20 they had been disposed of I asked why the email was sent if this was not the case and he said to encourage the customer to make contact yet to me I would see it that the goods were gone so no need to contact just await final invoice.
    I asked as they were removed yesterday could we have some information to where so maybe we could get some sentimental items back. The man was very rude stated everything was rubbish but then said there were 3 things left in the unit.
    I requested the final invoice and breakdown of all costs so it could be paid. The owner told me to email him detailing our telephone call and to request the invoice. He emailed back stating he will not respond any further unless it was down the legal route and our solicitor has to contact him ? All we want is the invoice so my brother in law can pay up. Now he is refusing any form of contact. Is this because he sent an email claiming the goods had been disposed off when they had not the fact he said he disposed of everything yet kept a few items incase my brother in law made contact. We are so confused on what to do.
    hope this makes sense.
    Thank you
    Tags: None

  • #2


    First port of call is the contract, so assuming it is on line can you post a link please?

    Comment


    • #3
      Thats another thing the contract was left in the storage unit with all other paper work as he had just moved from giving up a pub so my brother in law was due to return the following week to get all paper work so it did not get lost in the rest of the removal to his home but due to having an accident breaking his arm he was unable to drive.

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      • #4
        So what is name of storage company..... they may have a website with T&Cs?

        Comment


        • #5
          This is the terms I've removed the company name
          Attached Files

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          • #6
            The other part of the terms and conditions are not relevant if that makes sense.

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            • #7
              All my brother in law wants to do is settle the bill but the owner is now refusing to issue one and will only accept contact from our my brother inlaws solicitor he does not have one . But because I stated in the email our telephone conversation in regards to him sending the email saying his goods had been disposed of yet you are informing me they had not been he has no decided to refuse contact. Can he do this

              Comment


              • #8
                If all your brother in law wants to do is settle the account, why then do nothing until an invoice is produced.
                They cannot make you employ a solicitor, so ignore that.
                If your Brother in law wants to recover his chattels or their value he will have to initiate court action

                The storage company appear to be in breach of the Torts (interference with goods)act 1977.
                Schedule 1 of the act requires them to give notice in a particular way to the renter to collect his goods:

                The notice shall be in writing, and may be given either—
                (a)by delivering it to the bailor, or
                (b)by leaving it at his proper address, or
                (c)by post.

                A couple of emails is insufficient

                Comment


                • #9
                  Thank you. Yes that's all he wants as his intentions where to always pay it but his struggles left him unable. Now he can thats all he wants. The fact the guy is refusing to give us the invoice so he knows what he is paying really confused us and only communicating if a solicitor is involved which has made me believe that he has done wrong by issuing a document stating goods had been disposed off when that had not been.

                  Comment


                  • #10
                    The guy possibly realises he has not complied with the law.
                    No invoice.... no payment.
                    If he tries court then a counterclaim for missing goods.

                    Comment

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