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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3694
Experience:  Solicitors 2 years plus PQE
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Hi, I live in Norway and the contents of my UK house have been

Resolved Question:

Hi, I live in Norway and the contents of my UK house have been in storage for 3 years.
I have just been told that one of the three containers holding my possessions has 'disappeared'.
The company I used sib-contracted the storage to another company which went bust some months ago.
Another company took over the storage business and now cannot find my container. They admit that "some containers were sold when we took over".
They say however that they have no record of the missing container.
What can I do? Some of the are irreplaceable family heirlooms and the like.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
DO you have any written record i.e signed terms and conditions with this company?
Do you know how much you have approximately lost in monetary terms?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

Yes, I have a written record of our agreement, and receipts for my monthly payments of £120 (for 3 containers - one now missing) going back 3 years.

It is impossible to tell how much I have lost in monetary terms since there are three containers and only one is missing. I do not know what was in the missing container.

The company has told me to send them an inventory so that they can check what I have left and what's missing.

However, it is the irreplaceable things I am most concerned about. About 5000 photos and negatives, diaries and letters dating back 45 years, heirlooms from my deceased mother, etc.

Should I get the police involved (possibility that the container has been sold)? Can I sue?

regards

Alan C

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Even if they subcontracted the storage, they are still liable to you as their client to provide the service with "reasonable care and skill" under the Supply of Goods and Services Act 1982. If they breach this i.e by losing the storage container, then they are liable to you for all reasonably foreseeable losses.
What I suggest you do is the following:
1. Tell them you are currently collating all loss you have suffered as a result of this.
2. Tell them if they do not conduct a full investigation into this incident with the next 7 days you will report them to Trading Standards http://www.tradingstandards.gov.uk/;
3. Say that they are clearly in breach of their contractual obligations to you and it is not your issue who they sub contracted the work to. Say that if they do not either find the crate or compensate you appropriately you will commence county court proceedings to recover all your losses.
Yes you can sue them as this is a breach of contract.
What you could also do yourself is contact the Insolvency Service https://www.gov.uk/government/organisations/insolvency-service - find out who the liquidator of the company is and see if they can shed any light on what happened to your crate.
I look forward to hearing from you.
Kind regards
AJ
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