Business Dispute - Company holding my items until invoice paid

[xJohn]

Hey everyone

I rented some rackspace from a company on a month to month contract but the customer support has been quite poor of late, my services went offline a few times and they advised my servers had gone over the allowed power limit on my account and required an upgrade which I agreed to but I had enough of the reply times taking hours, never any answer on the phones when I needed support

I requested to cancel my services on the renewal date, they advise in their terms of service that if there is a open invoice this must be paid before they will allow collection of your hardware and if not paid within a set time the hardware becomes theirs and can be sold off, reused by them ect

I have noticed in their terms of service that it does not state at any point the amount of time before the due date the new invoice will be created which I feel should be a important part of any contract on a monthly billing they will pre advise you of the amount of time before the payment is due when they will invoice you

 

I was also meant to receive IPv6 addresses as part of my package but never had these although I had requested these many times they advised they were not available but are mentioned as part of my overall package on my invoices

 

 

They are asking for nearly £700 payment before they will even discuss allowing anyone to collect my hardware (worth about £5000 in total) and if I do not pay this within a set time they will take ownership of all my servers and use or sell them

 

Thanks

 

Update

I had advised them I will be hiring a man and van service to collect my hardware, they have suddenly advised that I cannot do this and must use a certain type of company who specialist in server transport. I do not feel this is fair as it is my hardware, fully owned and paid for my me but start trying to set out new rules that have never been made aware of until today after making my request to cancel.

 

Edited May 23, 2022 by xJohn

[Badtimes123]

Hi xJohn, welcome to CAG

 

If you've been able to confirm in the TOS what they've said, then it doesn't matter what you feel is missing from the contract, you agreed to it.

 

Specialist - you need to confirm if they are referring to the de-racking process?

 

Transport is none of their business once it's out of their racks.

[xJohn]

Hey

I have finally reached an agreement to have my items collected by a man and van on Monday (6th) but now also advising that should I possibly name them in any type of reviews, comments on my view or experience of them they would be publicly "transparent" in terms of my account on forums, blogs, They would not include my personal name but may name my company and would include things such as 

Late payments I made
Abuse reports (clients breaking rules but once I was made aware of the abuse reports I resolved)
Their "view" on me as a client

I would have felt that some of the above things may be classed as private and confidential eg late payment information

Thanks

[mantis shrimp]

I suggest you keep your head down and collect your stuff. And then continue to keep your head down. I have the impression that in this situation there definitely are two sides to the story.

 

 

[Badtimes123]

Welcome back xJohn,

 

That's a result, keep to the agreement and I second Mantis's comment.

 

Secure your hardware and move on