Suing my storage unit

[onmyownagain]

What is the name of your state? SC

I am in the process of a divorce and have been keeping my personal belongings in a storage unit until I get my feet back on the ground. My contract is 6 pages long and on the second page it reads that if my account remains in default for 50 days that the company (uhaul) can sell my items to recover the cost of the money owed to them. Then... if you go 2 pages after that it reads the same thing but says 30 days instead of 50. My payment was due on the 6th of every month. I was unable to make my December payment but went in on January 8th to make my late payment as well as the Jan payment. The guy informed me that he had auctioned my items off about 2 weeks before that. I was devastated because everything I own, minus my car and the clothes in my suitcase, were gone. After much complaining to the company they were able to track down the people that bought my stuff and got my bed and a mirror back but all of my clothes, dishes and some other sentimental items are gone forever. I estimate that these items are worth about $2,500 to $3,000 dollars. They did allow me to move the bed to a smaller and cheaper unit and gave me a free month of rent but I don't feel that that is enough. Can I sue the storage unit for selling my items early? If so how do I go about doing this? I talked to a few lawyers out here in Myrtle Beach and they all say that I would have to handle it on my own.

[GatorLaw]

Your Uhaul contract might limit your remedy options (such as requiring binding arbitration, etc.) Something you might need to look for.

Also, you would need to prove the value of the things you lost (current value, not replacement or new value, but current-I've-worn-this-suit-for-10-years-and-has-no-value value of the items lost) In other words, clothing won't have a lot of value, some of the other items might.

[onmyownagain]

Originally Posted by GatorLaw

Your Uhaul contract might limit your remedy options (such as requiring binding arbitration, etc.) Something you might need to look for.

Also, you would need to prove the value of the things you lost (current value, not replacement or new value, but current-I've-worn-this-suit-for-10-years-and-has-no-value value of the items lost) In other words, clothing won't have a lot of value, some of the other items might.

The clothing was mostly dress clothes from express and snowboard equiptment that is extremely expensive to replace including 2 brand new snowboards. I had a brand new set of dishes in there as well. Also every year at easter for 20 years my (biological.. I'm adopted because my bio's had me when they were 16 but we still kept in touch) parents had given me a stuffed animal. I have toted these things around for my entire life and are priceless to me as my parents both died in a car accident about 4 years ago. There were also a few odds and ends like a dresser that was broken when the people went in and moved all of my stuff around that I still have but is now useless to me.

Also... what is binding arbrtration? Does it mean that I'm just out of luck?

[JETX]

Originally Posted by onmyownagain

Can I sue the storage unit for selling my items early?

Of course you can... after all, anyone can sue almost anyone else over almost anything.
HOWEVER, you have NO case against them.

See, the problem here is (based on your own statement), your payment was too late (11/06/06, last payment, 12/06/06, not paid, 1/8/07 payment attempt). Either way, your payment attempt on 1/8/07 is over both 30 days AND 50 days overdue!!
The fact that they MIGHT HAVE screwed up and auctioned 'early' (unproven), is NOT relevant.
Now, if you had made payment BEFORE the 50th overdue date, you might have had a case... but you didn't, and don't.

[onmyownagain]

Originally Posted by JETX

Of course you can... after all, anyone can sue almost anyone else over almost anything.
HOWEVER, you have NO case against them.

See, the problem here is (based on your own statement), your payment was too late (11/06/06, last payment, 12/06/06, not paid, 1/8/07 payment attempt). Either way, your payment attempt on 1/8/07 is over both 30 days AND 50 days overdue!!
The fact that they MIGHT HAVE screwed up and auctioned 'early' (unproven), is NOT relevant.
Now, if you had made payment BEFORE the 50th overdue date, you might have had a case... but you didn't, and don't.

the contract reads that the payment isn't considered late or in default until the day after the payment is due... should have been more specific... sorry.

[JETX]

Originally Posted by onmyownagain

the contract reads that the payment isn't considered late or in default until the day after the payment is due... should have been more specific... sorry.

Doesn't matter.

According to my calendar, between last payment (11/6/06) and next payment attempt (1/8/07), there are SIXTY-THREE days. No matter how you count it... that is MORE than 30 days... and more than 50 days.
You were in breach on the 51st day... and they could have sold your goods on that date.

[xylene]

Originally Posted by JETX

Doesn't matter.

According to my calendar, between last payment (11/6/06) and next payment attempt (1/8/07), there are SIXTY-THREE days. No matter how you count it... that is MORE than 30 days... and more than 50 days.
You were in breach on the 51st day... and they could have sold your goods on that date.

How are there 63 days between 12/6/2007 (the day his account was defaulted) and 1/8/2007... I mean under your theory they could have auctioned the belongings on the the afternoon of 5th of December... the day BEFORE the scheduled payment...

You don't need to be a lawyer to know that the way you are calcualting rent is just stupid. Please prove that your ascertition, that flies in the face of any normal understanding of a grace period that begin after the date of the missed schedueled payment, not as you claim after the date of a paid scheduled payment...

Yes 30 days would have been on Jan 5, but 50 days would have been on January 25, 2007 and your whining and self righteousness won't change a thing about that.. Oh and I suppose the storage facility manager admiting as much don't mean much either. So is it 50 or 30. Unless you have magic insight to Uhaul contracts... who knows?

Try attacking this case on the reality of proving if the value of his belonging even exceeds the value of the free storage he was compensated with. And I wonder does that admit liability and does his acceptance of that compensation waive his liability against the facility... Don't know, don't care... but you are so obviously wrong on the calculation of the grace period it is painful.

[seniorjudge]

Originally Posted by xylene

How are there 63 days between 12/6/2007 (the day his account was defaulted) and 1/8/2007... I mean under your theory they could have auctioned the belongings on the the afternoon of 5th of December... the day BEFORE the scheduled payment...

You don't need to be a lawyer to know that the way you are calcualting rent is just stupid. Please prove that your ascertition, that flies in the face of any normal understanding of a grace period that begin after the date of the missed schedueled payment, not as you claim after the date of a paid scheduled payment...

Yes 30 days would have been on Jan 5, but 50 days would have been on January 25, 2007 and your whining and self righteousness won't change a thing about that.. Oh and I suppose the storage facility manager admiting as much don't mean much either. So is it 50 or 30. Unless you have magic insight to Uhaul contracts... who knows?

Try attacking this case on the reality of proving if the value of his belonging even exceeds the value of the free storage he was compensated with. And I wonder does that admit liability and does his acceptance of that compensation waive his liability against the facility... Don't know, don't care... but you are so obviously wrong on the calculation of the grace period it is painful.

On 12/06/2006, poster was thirty days late.

[xylene]

Originally Posted by seniorjudge

On 12/06/2006, poster was thirty days late.

That makes zero sense. That's like saying every payment is thirty days behind, which would mean the first payment is thirty days late... and that makes no sense.

11/6/2006 - Payment due and PAID - pays for November until:

12/6/2006 - Payment Due and NOT PAID...

OK. Overdue Clock Starts on 12/6/2006.

[seniorjudge]

Originally Posted by xylene

...
That makes zero sense. That's like saying every payment is thirty days behind, which would mean the first payment is thirty days late... and that makes no sense.....

Have you never heard of "payments in advance" and "payments in arrears"?

[BelizeBreeze]

Listen, the ONLY way to resolve this is for the poster to file in small claims for the value of the items sold and recovery of the monies given to recover the property.

The issue of how long the unit was left unpaid and the consequences thereof is a matter of fact for the court to decide based on the plain language of the contract.

A pissing contest in the dead of winter isn't healthy.

[xylene]

Originally Posted by seniorjudge

Have you never heard of "payments in advance" and "payments in arrears"?

That is irrelevant as there is an established monthly due date for payment and the contract terms for defaulting on a missed scheduled payment.

Also for rent payments to be charged as an arrears for self service property storage (property which serves as the security for rent payment) is very incredulous. No one (well except honest people) would ever pay for their last 29 days.

Just a take, but It's not like UHaul ever f s up and costs consumers boat loads of money and time... Bait and switch on truck rental availibilty and costs... service fees charged are not what was listed on the contract... deposit forfeited but not applied to service charges... yeah Next time go with Penske and Uncle Bob's when moving.

[seniorjudge]

Yeah...what BB said.

Except those contests can help keep armadillos away!

[onmyownagain]

The november payment was made on time. The next payment was due on December 6th. When I went in early Jan to make my late payment and Jan's payment the guy informed me that he auctioned the stuff off 2 weeks prior which means that when i went to make my late payment...approximately 34 days late... the stuff had already been gone for 14 days at least which means it was definitly sold off early no matter if it was 30 or 50 days. So basically I guess that I just need to get the credit card receipt from my husband to show when the last payment was made and then try to get reimbursement for the missing items? Can anybody possibly direct me to a some type of drafted paperwork that I can work off of to file this with the courts?

Also, I did not ask for the free month late and I offered to pay the late fee's from he missed month but the guy declined. I wrote them a check and sent it certified for the late fees as well as the new unit on the 10th of Jan and they still have not cashed it but i made sure to make a copy of the check. Though I got those items for free it does not mean that I feel that is replacement for what I have lost and that is why I sent the check.

[Zigner]

OP - you don't get it.
You were late...2 days or 2 weeks...it left the option open for your items to be sold...
Too bad you didn't go in a few days earlier - then you would have a case!