I should be the defendant!

SoggyBottom

Hi All,

Me, my Husband and daughter(18) rented three storage "garages" from a storage company three years ago.

In February 2014 they had problems with leaky roof which caused damage to daughter's stuff in her garage, which they never compensated for saying beyond their control as rain is an act of God (????). They put the charges up this year (contract to run April 14 - March 15) which we weren't prepared to pay as they still haven't repaired the roof. We therefore gave a month’s notice on the 23rd March, and removed our stuff on the 25th April.

On the 2nd of May they then issued three invoices, mine & husband's storage fee for 1st to 25th April at double the previous rate and daughter's at three times the rate! I recalculated at previous rate and paid on the 17th May.

They weren't happy with this and sent me emails threatening court, I stated that charging double/treble amount not reasonable under Supply of Goods and Services act, and charging more to cover loss of profit for loss of custom not fair under Unfair Terms and Conditions in Consumer Contract Regs 1999.

They have now made a claim using MCOL for the rest of money on all three invoices - but only showing Daughter and Husband as defendants not me! I think this is as they know that husband and daughter are not as hot as me on consumer rights - and don't have as much fire in their bellies, plus both work full time whereas I have time for research!

Can anyone give me advice - I believe I have a relevant defence but I'm not trained so can't become the family's legal representative. If I go I won't be able to say anything as not a defendant - can I become a defendant???

Help! - and thanks in advance for any knowledge
:mad:

stebiz

What does it say in the contract? Can you terminate?

PasturesNew

I'd move my stuff to be honest.

I've had a lot of stuff in storage in the past few years and I moved my stuff about so it was always closest/closer to me, or a facility had better access .....

I'd not want my stuff somewhere where I was uncomfortable dealing with the outfit.

bod1467

Look up the term McKenzie Friend ... there's nothing to stop you preparing the defence for them and helping them out at any hearing.

stevemLS

McKenzie friends cannot normally speak in court.

Though, since the increase in litigants in person, anecdotally, District Judges are becoming a little more relaxed about this - the judge can grant permission to speak.

If it gets as far as a hearing, ring the local court, ask for DJ listing and then explain and ask whether they will ask the judge for prior permission for you to speak.

stevemLS

I should have said that I don't think you have a strong case, they can charge what they want, you always had the option to take your stuff out of storage at the end of the original contract term.

My view is that the legislation you cite does not particularly assist you.

ThumbRemote

Were the invoices they issued at the rate they had notified you that they would be?
Did they give you more than a months notice of the new fees?


If the answer to both these is yes, then you don't really have a leg to stand on.

unholyangel

Regarding daughters stuff....i'd look into this.

A leaky roof is not an act of god. It comes under maintenance and I imagine damage of this kind would would be entirely foreseeable.

Regarding the charges, as above....they cannot retrospectively change the terms of the contract - however they can give you notice of changes providing you have a penalty free right to exit if the changes are materially detrimental.

browneyedbazzi

With regard to who the company should be claiming against - who was the contract with? Was it one contract with the three of you? One with you and your husband for two garages and another with your daughter for the third? Three separate contracts with each of you for one garage each?

Were there any terms in the contract about liability for charges? Sometimes you'll see a term about 'joint and severable liability' for charges. This means that if it was one contract with the three of you as a group you are liable and also that each one of you has individual liability for the full amount too. The company can choose who to claim against and will usually claim against the person who they have the greatest chance of success with (ie the person who has assets or is less likely to defend the claim). You can't force them to claim against you instead.

arcon5

Notice on 23/03 stuff out 25/4 this is after the notice would expire.

They can change their prices if they like, they gave you notice and you continued on with the service when it came in to force. So long as reasonable notice was given at a time you was able to decline it (ie not midterm) then its highly unlikely to be deemed unfair.

Their invoices sound valid to me. Your understanding of the law sounds skewed.

Focus a counter defence on the damaged goods. Hopefully a judge will award damages for these and it will offset fees owed.
Rain most certainly isn't an act of god in this context

Stoke

unholyangel wrote: »

Regarding daughters stuff....i'd look into this.

A leaky roof is not an act of god. It comes under maintenance and I imagine damage of this kind would would be entirely foreseeable.

Regarding the charges, as above....they cannot retrospectively change the terms of the contract - however they can give you notice of changes providing you have a penalty free right to exit if the changes are materially detrimental.

This. A leaky roof is absolutely not considered an Act of God. This comes up building maintenance and is something that all storage companies should know!

Rain is rain. We're in England. It rains. They should have sealed that roof the day after you first complained. Sound like right bandits to me.