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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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hi ive had a vehicle in storage and have just be to collect

Customer Question

hi ive had a vehicle in storage and have just be to collect it to find that the owner of the storage company has scrapped it. We pay them every six months and he is saying because the last payment that was due in October has not been paid he is entitiled to scrap it. Is this correct? the vechicle was worth £4000 so it seems a bit excessive over a £400 outstanding bill. Please help.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What would you like to know ?
Customer: replied 3 years ago.

Where do i stand legally. Surely they aren't entitled to do that.

Expert:  Jo C. replied 3 years ago.
Do you accept it wasn't paid?

In fairness, October was nearly five months ago now?
Customer: replied 3 years ago.

Is it common practice to just have it scrapped then? I would have thought a letter of intent would have been required at least.

Expert:  Jo C. replied 3 years ago.
It depends what was in the original terms and conditions. You may well have agreed to this originally.

Whichever way you look at it, there is an outstanding bill which is for a significant period.

However, you could argue that whatever was in the original terms and conditions, they should have warned you of their intentions. They wouldn't be expected to give you very long to collect basically because while your car is there they cannot rent to another but a few day's notice would have been reasonable.

This is essentially an issue of whether they have complied with their duty to take reasonable care to reunite the owner with his property. Whether you had paid or not it would seem that at least one phone call would be reasonable.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

FOR JOMO1972



I did not ever recieve terms and conditions. I suppose that is in his favour

Expert:  Jo C. replied 3 years ago.
Not necessarily.

It depends whether any existed. You don't have to actually be given a copy for them to exist.

He might argue it was a verbal agreement.

I still think a phone call would have been reasonable on his part although I suppose he could start saying that he did try to phone or didn't have a number etc.
Customer: replied 3 years ago.

When i spoke to him he said he rang someone in the office. I have since spoken to them and they have told me there was no mention of scrapping the vehicle

Expert:  Jo C. replied 3 years ago.
Whoever was spoken to could give evidence of that.
Customer: replied 3 years ago.

FOR JOMO1972



What would you recommend I do now to seek some sort of compensation.


Expert:  Jo C. replied 3 years ago.
You can sue at the small claims court given the values that you mention but you do need to be aware that generally speaking the evidence is against you. The only chance you have of succeeding is to convince a court that he did not make reasonable efforts to remind you to collect the car.

Delighted to continue with this but please rate my answer.

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