Self-Storage Payment Arrears, Goods Seizure, and Demands Years Later.

[CluelessJim]

Hello Legalbeagles,

Thank you for providing a service like this. Like a lot of folks here, I don't know where to turn.

I got in to arrears with an independent storage company for a container. I had the first of a series of mental breakdowns, I lost my marriage and my business etc. I was unable to pay.

When I managed to get my life back-on-track I was paying 125% (weekly) of the container to pay off my arrears, and then I had another full-on meltdown about 18 months later. I had to leave my job and wasn't capable of applying for benefits. I ended up with no income and nowhere to live for a few months.

About a year before I started getting into trouble, my parents relocated their business to the same storage/business park. When they were selling off their assets whilst winding up, I decided I could try to face my problems and head over to their unit with them and perhaps see the landlord I owed money to, to explain where I have been and what happened to me, and hope for some mercy.

When I saw him he said that he had sold the contents of the container months before because he hadn't heard from me. This upset me, of course, I lost heirlooms, antique furniture and artwork. I enquired if I owed him anything and was told not and that our business was done.

This meeting was in July 2014, and a few days ago I received a demand letter from a collections agency using recorded delivery, for the container rent arrears.

I haven't actually recovered since things went wrong for me, and now I am on benefits after falling flat on my face yet again. Being able to put this business behind me, despite losing my life's possessions, was actually a huge relief, and to me had become forgotten past.

Please help. What can I do? Where do I stand?

Sincerely,

Jim

[des8]

Hi and welcome.
Do you still have a copy of the Terms and Conditions of your contract to use the storage facility?
If so could you post it up, or if on line give us a link.

Regarding the debt collection agency you can either ignore them, or write telling them you recognise no debt to XYZ and require full details of any such alleged debt. You do not admit any liability for this alleged debt.

[CluelessJim]

Hi and welcome.
Do you still have a copy of the Terms and Conditions of your contract to use the storage facility?
If so could you post it up, or if on line give us a link.

Thank you very much for your reply.

Unfortunately not and I cannot remember the details. It was 2006 I think. There are many discrepancies in the bunch of invoices they sent, for example most of the invoices were for a company I ran many years ago, so far back that there is no record on Companies House. And a few have duplicate timescales with different invoice numbers.

The demand was quite threatening and gave me 7 days. I called the collection agency and said I did not recognise this as a valid claim and explained the circumstances of the meeting in July 2014. They subsequently wrote back and stated that the landlord had, had to pay for someone to empty my unit, which is not what he told me before. Now apparently, I have 7 days to pay, yet again.

And now I am afraid of people banging on the door.

[des8]

Can you post up a copy (remove your identifying details first) of the threatening letter?

So your company rented the storage?
This was a limited company, now liquidated?

Generally the T&Cs of the storage company allows them to dispose of goods if storage fees aren't paid.
However one would anticipate prior warning of this action, and following it a proper accounting showing the amount raised by the sale or disposal and how it offsets the rental due.
Could you name the storage company so we can do an online search.

Unlikely you will be visited by a doorstep caller.
If the DCA has threatened that, you could write withdrawing your permission for them to visit.
If they then do come, tell them to leave.
If they refuse or are threatening call the police and request their attendance to prevent a breach of the peace

Do not engage with them on the phone.

[CluelessJim]

Can you post up a copy (remove your identifying details first) of the threatening letter?

So your company rented the storage?
This was a limited company, now liquidated?

Thank you once again for your time, I really appreciate it

It was my company that rented originally, but when I closed the business I thought I had changed the tenancy over to my name. All of these invoices are to my old company. And yes, the company liquidated in around 2008, and was a limited company.
The landlord was made aware at the time, and I downsized from a large unit to a 10' container in late 2011, for just personal storage. My name is not on any of these documents, just an old company name.

The invoices start in 2012 and end in December 2015, about 21 months after he claimed to have emptied my unit.

Blurred personal details on scanned copies, attached.

The storage company's website seems to have been taken-over by some indexing website, so I cannot locate terms and conditions anywhere.

[Amethyst]

If they are invoicing / chasing the company and it was dissolved / liquidated in 2008 they are on a hiding to nothing. Also, the debt collection company seems to be a one man band who does no win no fee on small commercial ( business to business debt ). I wouldn't put much store in his services if he hasn't even checked the company he's sending invoices and letters to actually exists.

Personally I'd just file those letters away.



Storage company wise is it this company - https://beta.companieshouse.gov.uk/company/01459367 ?

This their old site ?

( pretty pants, very basic and no sign of any terms - just to save Des8 hunting through the wayback machine )

[des8]

Thanks Ame... beat me to it!

Jacksons are a DCA acting on behalf of Dew Fresh Mushrooms Co Ltd.
Dew Fresh share an address with Economy Storage (which is not a limited company)
It appears that Dew Fresh are trading as Economy storage.
This has to be made clear on their premises, on paperwork and website


Well you could continue to ignore Jacksons, or you could write asking for proof of the debt, which you continue to deny.
This should include a copy of your signed contract, and a complete accounting .of the alleged debt.and notice of any assignment

I think they might have a problem if the signed paperwork (if they can locate it!) is only in the name of your company.(as per Amethyst )
The company may or may not be liable, but it is a separate legal entity to yourself.

And also they could be in trouble if we have the right set up.

[Amethyst]

You know I can't resist a dig... lol xxx ( DewFresh t/as Syderson Business Park - seems to just be the website is/was economy storage - no company details - can't see anything for the 'business park' stuff though they do seem to let out either units or mailboxes too)

CluelessJim please try not to let this push you back down, it seems, as Des8 says if we're on right track with who they are, that it's a bit of a try it on to get some pennies in ( their last lot of account show a bit of a deficit ).

[CluelessJim]

Amethyst and des8 you have both been wonderful, I thank you so much for your research time, wisdom and kind, encouraging words.

Yes that company is the one and same, Economy Storage of Syderstone (formally a mushroom factory).

I was surprised when the letter first came, but almost wanted to laugh at the absurdity.

So I will file the letters away. Should I write to the collection agency just to outline the reasons why?

Sincerely and with bucketfuls of gratitude, Jim

[des8]

It is your choice whether to engage in ping pong letter tennis with the DCA, or just ignore them.
If you write as per post 7 they might give up for a short while, but will eventually respond with more threats.
They work on a commission basis, so while they think they have you hooked, they will continue.

If you ignore do not ignore any correspondence headed "letter before action/claim"

[CluelessJim]

I feel a letter explaining to the DCA that the company they are chasing closed 10 years ago, may make them reconsider bothering, especially if they operate a no-win-no-fee. I would prefer not to leave it hanging as my anxiety is massively effected by unresolved stuff.

I will file all letters away after that. Apart from of course any 'letter before action'.

Thank you very much all. You really have all been very informative and compassionate.

[Amethyst]

Okay, I can understand that, in the letter then, state that the company dissolved in xxx year, and tell them to provide a copy of the original contract and terms of storage, details and evidence of the costs incurred by their client to dispose of goods, evidence of disposal, any proceeds of sale received and dates. Post a draft here and I'm sure Des or I will help strengthen it ( I'm away for a couple days ) xxx

btw "I am going to have to proceed with the action required to recover the balance owed' is a complete nothing sentence, it's not a court threat, or anything like, probably means he'll send another letter with even bigger scary red letters on it.... he has no powers whatsoever, all that could happen is the Mushroom company COULD file against a non-existent company in court and get a judgment against that non existent company which would have no effect whatsoever

The period after the company closed you were an individual and therefore your consumer rights kick in, and he has, I'd expect, breached those in not having a contract, cancellation terms, disposing of your goods without notice and so on.... so if he trys changing to chase you personally, don't worry - we'll be here for you xxxx

[CluelessJim]

Oh my gosh Amethyst, thank you
Relief-crying is refreshing ;')

I will have a letter in the post on Monday (coz it'll take me 3-4 hours to put together!) and will let you know what happens next.

Once again thank you for everything. I followed the Trust Pilot link and left my tuppence.

Sincerely, Jim xxx (I appreciated the kisses btw)

[Phaeton]

CluelessJim Without being disrespectful to you, can I suggest prior to sending, you pop up the draft on here for Ame & Des just to check over, sometimes people allow personal feelings creep into the letter, I know I do, where it needs to be succinct & facts. You can always ask it be taken back off the post once they have read through it if you don't want to leave it public.

[CluelessJim]

CluelessJim Without being disrespectful to you, can I suggest prior to sending, you pop up the draft on here for Ame & Des just to check over, sometimes people allow personal feelings creep into the letter, I know I do, where it needs to be succinct & facts. You can always ask it be taken back off the post once they have read through it if you don't want to leave it public.

I think this is really good advice. Thank you Phaeton, yes I will do this.