Storage service - fines

[Henriette]

Hi

 

I've been using a storage facility for a few years to store some old stuff. Recently, they seem to have started doing something a bit dodgy with their fines system to raise some extra cash.

 

They send email invoices and not paper ones. I didn't get the invoice this month so didn't make the payment.

 

Then I got two letters. They are dated a few days a part but the postmarks show that they were posted on the same day.

 

The first refers to previous correspondence asking for payment and is a 5-day late fine for £5. The second also refers to previous correspondence and is a £10 for being ten days late. Bit annoying because they hadn't sent any previous correspondence, not even an invoice.

 

I paid the same day. That was a week ago.

 

Today I got a letter dated 1st February. That's around the date that I paid - but it's postmarked 3rd Feb which is two days after I paid. It's a 15-day late fine for £20. So, in total, they seem to have fined me a total of £35 for a service that doesn't cost much more than that, and have got some extra cash out of me simply by neglecting to send a demand for payment, and then delaying posting the fines until it's too late for me to pay.

 

On the face of it this seems as dodgy as all hell, and looks like an attempt to up their profits.

 

Is this legal?

 

I'm planning to send them a letter asking for a copy of the "previous correspondence" and also asking for a list of the fines that have been levied on the account in the last year with the dates they were posted. I also want to ask why they send two fines on the same day, and why I've been fined after making the payment.

 

Is there anything else I should be asking? And are these payments legal? I want to make sure I know where I stand before I write to them.

 

I paid the fines inadvertently by sending a payment for 3 months in advance so I don't have to worry about more fines for a while. I'm also planning to move my stuff as soon as I can arrange a van.

 

Thanks,

H

[renegadeimp]

It's not a fine. It's a penalty fee

[Henriette]

Noted, thanks.

[renegadeimp]

And they're not enforceable either. They have to be attributed to the truebcosts of you not paying on time. Which is almost zero. Their amounts are ransom and have no basis to those costs

[Henriette]

That's interesting. There's no way they can justify the escalating scale then.

[dx100uk]

no they are unlawful and can be challenged.

 

 

dx

[Henriette]

That's good news, thanks! If I ask for a list of all the fees they've charged to the account are they obliged to provide that?

[dx100uk]

as a side note

 

 

I take it these are not described as fines in the t&c's?

and but are there too a charges?

[dx100uk]

That's good news, thanks! If I ask for a list of all the fees they've charged to the account are they obliged to provide that?

 

 

sar and force them if they dont

[BazzaS]

Hi

 

I've been using a storage facility for a few years to store some old stuff. Recently, they seem to have started doing something a bit dodgy with their fines system to raise some extra cash.

 

They send email invoices and not paper ones. I didn't get the invoice this month so didn't make the payment.

 

Then I got two letters. They are dated a few days a part but the postmarks show that they were posted on the same day.

 

The first refers to previous correspondence asking for payment and is a 5-day late fine for £5. The second also refers to previous correspondence and is a £10 for being ten days late. Bit annoying because they hadn't sent any previous correspondence, not even an invoice.

 

I paid the same day. That was a week ago.

 

Today I got a letter dated 1st February. That's around the date that I paid - but it's postmarked 3rd Feb which is two days after I paid. It's a 15-day late fine for £20. So, in total, they seem to have fined me a total of £35 for a service that doesn't cost much more than that, and have got some extra cash out of me simply by neglecting to send a demand for payment, and then delaying posting the fines until it's too late for me to pay.

 

On the face of it this seems as dodgy as all hell, and looks like an attempt to up their profits.

 

Is this legal?

 

I'm planning to send them a letter asking for a copy of the "previous correspondence" and also asking for a list of the fines that have been levied on the account in the last year with the dates they were posted. I also want to ask why they send two fines on the same day, and why I've been fined after making the payment.

 

Is there anything else I should be asking? And are these payments legal? I want to make sure I know where I stand before I write to them.

 

I paid the fines inadvertently by sending a payment for 3 months in advance so I don't have to worry about more fines for a while. I'm also planning to move my stuff as soon as I can arrange a van.

 

Thanks,

H

 

 

Is your contract with them as a consumer or "business to business"?. As a Consumer you would have more ability to rely on the Unfair Contract Terms Act.

 

In case it is as business to business, what do the terms and conditions of the contract say about late payment (in particular, charges for late payment)?.

Are the terms incorportaed in the contract, and sufficiently prominent (even, perhaps printed in red ink with a red hand pointed to them ......

https://en.wikipedia.org/wiki/J_Spurling_Ltd_v_Bradshaw

[Conniff]

Be careful here, you don't want to find all you stuff on the pavement.

[renegadeimp]

Theyre not allowed to do that conniff. They have to give notice of removal, then they can dispose of it as they see fit. Either in skips and invoice you, or sell at auction. Thats why those storage hunter shows are popular. They might be pre-recorded, but theres a massive business away from the tv.

[havinastella]

Who is the company?