Self storage - advice / help! needed

[Andy_London_1980]

Hi all,

I please need some advice, on the action of my self storage company. I'll bullet point the issues for clarity:

* currently, I do not have in hand a contract, or paper agreement - I've now requested this - if one does exists?!?
* my storage bill has remained unpaid for 6-months
* I changed mobile number, and storage business did not have this
* after 6-months, they find an old email and make contact with me
* the tell me they have tried to make contact, but failed until now, when they find an email email, and use the address
* they advise me they've cut the padlock, removed my belongings as per general lien
* another local chain business now has my belongings
* I do not yet know on what terms this other local business has come to have my belongings, i.e., sold, or exchanged or other
* I do not know if there's a contract for my belongings - between storage business and other local business - I have requested a copy, if it exists

This is their specific term relating to my situation:

12. Default of payment. If payment is not made by the due date, we will change the access codes and will fit our own security lock on the storage unit, and this will not be released until payment has been made in full. If payment remains unpaid 21 days from expiry, we reserve the right break your locks and all the goods stored are subject to a general lien, and we will sell the contents of the storage unit in order to recover any outstanding fees due.

So, no 21 day expiry or notice has been given - the storage business' argument is, they couldn't make contact with me to give 21 day notice/expiry. They have however, in the end, managed to contact me.

I'll be very very grateful if someone(s) please, can advise on this, and the following:

1. does the fact that the storage business managed - in the end - to make contact, legally undermine, or take precedence over their argument - they were unable to make contact, and therefore, give notice/expiry date?

2. is this theft?

3. to follow a process they set out - because of Term 12. - is responsibility on the storage business to give - regardless - 21 days notice before removal?

4. or at least have evidence to show they did give 21 days notice, but their attempts failed?

5. am I in a situation, where I can sue the storage business, for breech of contract? Or trespass? Or theft?

6.. am I in a situation, where I can sue the other local company, for theft?

Ideas, comments, questions very welcome.

Thanks!

[des8]

Re: Self storage - advice / help! needed

Hi and welcome

Why did payment of fees remain unpaid for 6 months?

It would seem from the excerpt you have posted that the storage facility had a contractual warehouse lien that operated from the date of non payment of fees plus 21 days. It does not require contact to be made with the customer. I doubt you have grounds for suing anyone unless perhaps the resale value of the goods far exceeded the outstanding costs.

If you name the company we may be able to examine their T&Cs on line.

Tagging [MENTION=71570]R0b[/MENTION] for an alternate view