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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Just under 3 years ago I signed up contract self

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Just under 3 years ago I signed up for a contract for a self storage container unit with Orion Hire who were that time operating a self-storage yard in Lydney Forest of Dean. I made it clear at the time that as the container was to be used for a new business venture that I would require a monthly invoice to pay against.
However, after a few months, despite repeated requests, via email, which I have copies of, the invoices stopped and I therefore stopped paying the rental.
About 12 months later I got a phone call from a different company – Fred Watkins Estates - and an email requesting payment for the months rent and a back payment of rent. I contacted them to inform them the reasons for my non-payment and as the sum involved was around £700 I agreed to pay them my monthly rent plus £100 per month for back payment of rent until the debt was paid off – again provided they supply an invoice.
I paid one months rent and 1 months back payment under this arrangement and can evidence this. However, I was then contacted by the company and told that the 70ft metal container (and all my contents) had been stolen?! I was subsequently contacted by the local police, was given an incident number and provided an inventory of all my property which was present in the container at the time of the theft. My contents were uninsured.
I have recently learned however that actually, the container was not “stolen” but actually re-possessed by Fred Watkins Estates from Orion Hire (along with 1 more container) as the container was in turn being rented from them and Orion Hire had failed to pay the rent.
Obviously, FWE are within their rights to re-possess their own container, however, I do not believe they were within their rights to seize property which was not theirs – i.e. my possessions. I also believe that once they realised this they then reported the container as stolen?
I have documentation supporting the majority of my case except I lost the original contract with Orion Hire in a recent move? Can you tell me if I have any redress against FW Estates regarding this matter and/or whether or not I can in turn report the theft of my property to the police? If I report the theft– would the police be forced to investigate? I lost in the region of £3,000 of furniture which had been restored and was awaiting sale.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you have evidence of your loss and able to quantify it please?Alex
Customer: replied 1 year ago.
Hello AlexYes, I do. I had to submit an inventory of the container contents to the police at the time, along with some photographic evidence I had. The "theft" of the actual container was reported to the police? I am not sure whether this was reported by Orion Hire or FW Estates but if was FWE who contacted me, prior to the police & I still have a copy of the inventory I did, the police incident number and emails between myself, the police & FWE.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Alex - thanks for your help - that's all I needed to know for now. I am kind of assuming at this point that they will deny re-possession of the container - but will cross that bridge when I come to it.
Expert:  Ash replied 1 year ago.
good luck.Alex

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