Assets seized without my consent

Takeaway_Addict

Partner-in-debt wrote: »

Thanks to everyone who gave their advice on this situation. Having now checked the paperwork that my ex has in her possession, it seems that whilst she signed the inventory of items stored, she never actually signed the contract with the terms and conditions. My lawyer is now saying that since there is no contract and the goods are mine and not my ex's, the storage firm had no legal basis for asset disposal as they could not be certain of ownership. Having spoken to the storage firm again, their story seems to be changing. They have now apparently 'retrieved a lot of my items from the auction house'. Which seems very strange since they had told me previously that everything was sold. Any advice on next steps?

great result! As long as the lawyer ain't ripping you off I would stay with them

LilElvis

Partner-in-debt wrote: »

Thanks to everyone who gave their advice on this situation. Having now checked the paperwork that my ex has in her possession, it seems that whilst she signed the inventory of items stored, she never actually signed the contract with the terms and conditions. My lawyer is now saying that since there is no contract and the goods are mine and not my ex's, the storage firm had no legal basis for asset disposal as they could not be certain of ownership. Having spoken to the storage firm again, their story seems to be changing. They have now apparently 'retrieved a lot of my items from the auction house'. Which seems very strange since they had told me previously that everything was sold. Any advice on next steps?

Though the copy of the contract your ex holds doesn't have her signature it doesn't necessarily follow that she didn't sign the copy the storage company hold. She would need to request a copy of the contract from them to confirm whether or not she did sign it. Speaking as someone who also lost the majority of their possessions (including my ridiculous shoe collection) thanks to an idiot ex and a shipping company I hope that you can recover at least some of your goods and recompense for the balance.

vaio

I can't really see that the lack of a signed contract would make any difference, the fact that they were storing and she was paying (at least initially) would be good evidence that a contract existed

In the unlikely event that it is agreed there was no contract then common law would give them the right of disposal after giving the appropriate notices

hollydays

vaio wrote: »

I can't really see that the lack of a signed contract would make any difference, the fact that they were storing and she was paying (at least initially) would be good evidence that a contract existed

In the unlikely event that it is agreed there was no contract then common law would give them the right of disposal after giving the appropriate notices

This seems to make sense, and I am not a legal person, but doesn't the lack of proof of ownership of the goods have any bearing too?

Partner-in-debt

hollydays wrote: »

This seems to make sense, and I am not a legal person, but doesn't the lack of proof of ownership of the goods have any bearing too?

There are very specific rules in connection with storage. This is why in the terms and conditions, the storage company are extremely precise in defining the fact that by signing a contract the individual storing the goods is admitting legal ownership and will compensate the storage firm if a third party later claims ownership. The fact that they now say they have not disposed of the goods after 3 years could indicate that they are aware of the situation they are in. I have the original contract in triplicate, it was NOT signed. Paying for storage does not establish ownership, as in the case of commercial storage where an employee can sign for the storage but a company can own the goods. At least this is the advice I am given.

Partner-in-debt

There are also very specific rules on disposal of goods. In the 'unsigned' contract, it states that if the storage company cannot get in contact with the customer then an advert must be placed in the press in the area where the goods were collected. The storage company have been asked for proof that they did this and for copies of the letters sent, notifying my ex of an imminent disposal and an up-to-date inventory showing what has been sold and where. They cannot provide any of this. The fact that they told me my phone that everything was sold and that there was nothing they can do just 4 weeks ago when I first discovered this is bizarre.

steampowered

How did you accumulate 100k of furniture?

Pollycat

Partner-in-debt wrote: »

There are also very specific rules on disposal of goods. In the 'unsigned' contract, it states that if the storage company cannot get in contact with the customer then an advert must be placed in the press in the area where the goods were collected. The storage company have been asked for proof that they did this and for copies of the letters sent, notifying my ex of an imminent disposal and an up-to-date inventory showing what has been sold and where. They cannot provide any of this. The fact that they told me my phone that everything was sold and that there was nothing they can do just 4 weeks ago when I first discovered this is bizarre.

After reading your later posts, I agree with this.

steampowered

Partner-in-debt wrote: »

There are also very specific rules on disposal of goods. In the 'unsigned' contract, it states that if the storage company cannot get in contact with the customer then an advert must be placed in the press in the area where the goods were collected. The storage company have been asked for proof that they did this and for copies of the letters sent, notifying my ex of an imminent disposal and an up-to-date inventory showing what has been sold and where. They cannot provide any of this. The fact that they told me my phone that everything was sold and that there was nothing they can do just 4 weeks ago when I first discovered this is bizarre.

The requirements are set out here, in Schedule 1: http://www.legislation.gov.uk/ukpga/1977/32. You will note that there is no requirement for an advert to be placed.


There should have been a notice from them, but as you say your ex ignored all the letters.

Partner-in-debt

steampowered wrote: »

The requirements are set out here, in Schedule 1: http://www.legislation.gov.uk/ukpga/1977/32. You will note that there is no requirement for an advert to be placed.


There should have been a notice from them, but as you say your ex ignored all the letters.

I was referring to the movers own terms and conditions where it states that their policy is to place an advert. I have asked them to confirm that they acted in accordance with their own T&C's and so far silence on that.