09-06-2006, 10:58 AM
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#1
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Lifetime Suspension
Join Date: Apr 2006
Location: Vancouver
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I got screwed over...
Okay, I just had something happen to me that I would not wish on anyone, so please read:
While I was gone for the Summer, I put all my possessions in storage at (Company name deleted for legal reasons) I paid for April and May and gave them my mastercard number as I told the woman working I would not be back until September. I just found out yesturday that they auctioned off all my possessions and threw away everything else...
I noticed nothing was coming out of my mastercard, but I thought that maybe they would just charge me when I went to claim my things because maybe they needed my signature or something. I talked to the manager and she said they lost four digits of my mastercard, they tried emaling me (which I NEVER recieved a single email) and they said they talked to a friend of mine who said she would talk to me, which she never did leading me to believe they never talked to her in the first place.
PLUS when I was putting my things in the unit, I was thinking about getting insurance so I had to make a list of all the valuables in the unit, but then I decided not to get the insurance. The list was put into my folder in case I decided to get it later on, so they were aware of the contents: it gets better: the list of things that went to auction are missing a number of items that were on that list.
Everything that I own is gone because of less than $100. Whatever you do, do not use or let anyone you know use
Does anybody have any ideas on what I should do?
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09-06-2006, 11:01 AM
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#2
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Franchise Player
Join Date: Jul 2003
Location: In my office, at the Ministry of Awesome!
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What kind of rental agreement did you sign with them?
First thing I'd do is look at that and find out what you agreed to.
__________________
THE SHANTZ WILL RISE AGAIN.
 <-----Check the Badge bitches. You want some Awesome, you come to me!
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09-06-2006, 11:01 AM
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#3
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Franchise Player
Join Date: Oct 2001
Location: Vancouver
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You need to talk to a lawyer because that doesn't sound right at all.
__________________
"A pessimist thinks things can't get any worse. An optimist knows they can."
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09-06-2006, 11:01 AM
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#4
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damn onions
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WOW. That is definitely a screw over. Did you sign any contract that allowed them to do this?
If not- I believe you should sue their asses, because that's bloody ridiculous. Nobody stores their stuff and expects it to be sold without consent.
Unbelievable.
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09-06-2006, 11:03 AM
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#5
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#1 Goaltender
Join Date: Jul 2002
Location: Calgary
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Yeah... you'd think a Storage company would be good at... you know... storing things.
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09-06-2006, 11:07 AM
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#6
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Lifetime Suspension
Join Date: Apr 2006
Location: Vancouver
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I am afraid to go to the storage unit place - not for myself but for what I would do to the manager that threw away everything that meant something to me. So, she is mailing out everything that was in my file, including the contract I signed, so I don't have details on that yet.
I talked to a civil lawyer and it would cost a lot of money to hire a lawyer to sue them, so he suggested to take them to small claims court. I called the police, because there are too many things that sound fishy, and he said that I probably have a pretty good case but it is a civil matter.
I would expect the contract said something about missing payments and allowing them to sell my things, but the manager admitted on the phone they lost four digits of my mastercard, so I'm not sure which way this can go.
Has anyone ever been to small claims court?
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09-06-2006, 11:19 AM
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#7
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Franchise Player
Join Date: Oct 2001
Location: Vancouver
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Quote:
Originally Posted by Red Mile Style
I would expect the contract said something about missing payments and allowing them to sell my things, but the manager admitted on the phone they lost four digits of my mastercard, so I'm not sure which way this can go.
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If that is the case, and you can prove it, you should have no trouble in court I would think.
If they were allowed to sell people's belongings because of their mistakes, then what would stop them from just puroposely losing credit numbers if they could get more money from selling belongings than for renting storage space.
You should ask for it in writing. Tell them that some of the stuff was not yours and that you are on the hook for it unless you have that statement in writing.
__________________
"A pessimist thinks things can't get any worse. An optimist knows they can."
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09-06-2006, 11:25 AM
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#8
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Franchise Player
Join Date: Oct 2002
Location: not lurking
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Wow, that's awful. If they lost your card information and they knew you were not coming back until September (did they have this information on record in your file or was it simply word-of-mouth?), then it seems very unreasonable that they would not simply wait until September before auctioning off your possessions. Establishing a time-line would be useful: when did they learn that they lost the number, when did they supposedly attempt to contact your friend, when did they send the stuff to auction? Best of luck with it; hope it all gets settled quickly and favourably for you.
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09-06-2006, 11:26 AM
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#9
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First Line Centre
Join Date: Sep 2003
Location: London, Ontario
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Quote:
Originally Posted by Red Mile Style
I am afraid to go to the storage unit place - not for myself but for what I would do to the manager that threw away everything that meant something to me. So, she is mailing out everything that was in my file, including the contract I signed, so I don't have details on that yet.
I talked to a civil lawyer and it would cost a lot of money to hire a lawyer to sue them, so he suggested to take them to small claims court. I called the police, because there are too many things that sound fishy, and he said that I probably have a pretty good case but it is a civil matter.
I would expect the contract said something about missing payments and allowing them to sell my things, but the manager admitted on the phone they lost four digits of my mastercard, so I'm not sure which way this can go.
Has anyone ever been to small claims court?
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Are you a student? The school may have some legal assistance program.
__________________
"Sticking feathers up your butt does not make you a chicken."
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09-06-2006, 11:33 AM
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#10
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Franchise Player
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Quote:
Originally Posted by Frank the Tank
Are you a student? The school may have some legal assistance program.
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Student Legal Assistance: 220-6637. It's free to students of the UofC (because you already pay a levy to them). If you qualify otherwise (and who wouldn't as a student? Unless you are one of those rich students) they'll only charge you something like $50 plus disbursements.
Calgary Legal Guidance: 234-9266
Lawyer Referral Service: 1 800 661 1095. Navigate through the prompts to hear about an area of law you are concerned with. Then they give the name of a couple of lawyers whom you can call and get further advice from. Probably works best a little later in the process if you have questions going into court on your own.
There are also some good guides available from the court house for suing someone in small claims: http://www.albertacourts.ab.ca/pc/ci...in_alberta.pdf
Good luck!
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09-06-2006, 11:55 AM
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#11
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First Line Centre
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Tape record further telephone conversations with them and get them to re-iterate the fact they lost the numbers to your credit card. If you can get them to admit their mistake and record it then it protects you from them changing their story in court.
__________________
"Next time you come to Edmonton in June, July, or August, check out the colour of the grass in Calgary before you leave. It's brown and yellow....i.e lack of precipitation," - Sundeep, Feb. 6, 2005
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09-06-2006, 12:01 PM
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#12
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Lifetime Suspension
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Quote:
Originally Posted by jam26
Tape record further telephone conversations with them and get them to re-iterate the fact they lost the numbers to your credit card. If you can get them to admit their mistake and record it then it protects you from them changing their story in court.
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you have to advise them that they are being tape recorded or it is inadmissable in court I think.
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09-06-2006, 12:08 PM
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#13
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Powerplay Quarterback
Join Date: Aug 2002
Location: Mayor of McKenzie Towne
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I spent a couple of summers working at a storage facility (one in Erinwoods).
Before I got to even enter a tennants unit I had to send a registered letter to their address on file once their account was past due. Make sure that you get a copy of the letter and the tracking number to follow up with the post office.
Second, if a unit did go to auction, they are not allowed to sell any "personal" belongings such as photos, diary's, etc. We were required to keep them on site for 12 mos following auction for the owner to claim (if they cleared up outstanding amounts).
Third, if the proceeds of the auction were greater than the amount outstanding on the account, the client would be entitled to those amounts.
Best regards,
~bug
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09-06-2006, 12:17 PM
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#14
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Franchise Player
Join Date: Sep 2002
Location: Estonia
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Quote:
Originally Posted by White Doors
you have to advise them that they are being tape recorded or it is inadmissable in court I think.
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It is legal to tape the conversation if one of the parties is aware of the taping. Obviously the person taping it would be aware. Not sure about it being permissable in court though...troutman line one please, troutman line one.
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09-06-2006, 12:20 PM
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#15
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First Line Centre
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KG is correct. In the US, both parties must be aware it is being taped. In Canada, only one party must be aware - that would be you.
__________________
"Next time you come to Edmonton in June, July, or August, check out the colour of the grass in Calgary before you leave. It's brown and yellow....i.e lack of precipitation," - Sundeep, Feb. 6, 2005
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09-06-2006, 12:26 PM
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#16
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First Line Centre
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Quote:
Originally Posted by KevanGuy
It is legal to tape the conversation if one of the parties is aware of the taping. Obviously the person taping it would be aware. Not sure about it being permissable in court though...troutman line one please, troutman line one.
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im pretty sure in small claims court the rules are different and a lot more lax than in a murder trial.
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09-06-2006, 12:28 PM
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#17
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The new goggles also do nothing.
Join Date: Oct 2001
Location: Calgary
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Quote:
Originally Posted by firebug
I spent a couple of summers working at a storage facility (one in Erinwoods).
Before I got to even enter a tennants unit I had to send a registered letter to their address on file once their account was past due. Make sure that you get a copy of the letter and the tracking number to follow up with the post office.
Second, if a unit did go to auction, they are not allowed to sell any "personal" belongings such as photos, diary's, etc. We were required to keep them on site for 12 mos following auction for the owner to claim (if they cleared up outstanding amounts).
Third, if the proceeds of the auction were greater than the amount outstanding on the account, the client would be entitled to those amounts.
Best regards,
~bug
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Good info, I wouldn't think the laws would be much different than the laws for tenant rental contents. Sounds like the company has some explaining to do.
__________________
Uncertainty is an uncomfortable position.
But certainty is an absurd one.
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09-06-2006, 12:36 PM
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#18
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Playboy Mansion Poolboy
Join Date: Apr 2004
Location: Close enough to make a beer run during a TV timeout
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Small claims court is very easy; if you are in the right. But as we've learned from the People's Court- you should always keep your receipts; or in this case your copy of the contract. Hopefully they do indeed send you another copy.
I also found Calgary's legal community easy to deal with for a little free advice. I called a law firm where the lawyer had the same last name as me. He spend 30 minutes on the phone with me on my case, and another 15 comparing family trees to see if we were related. In my closing statement I thanked the Calgary legal community, and the judge asked me what lawyer I talked to. Apparently the judge called him.
But document everything. Even if it means email or letter correspondence. Anything you can do to get them to admit any wrong doing. If you are sending an email compose it in Word and send it the next day; keep it professional and not personal.
Tips on preventing this from happening again? Keep your contract, make sure you pre-pay, and take out their insurance policy. (Not that any of that helps you now.)
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09-06-2006, 12:41 PM
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#19
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Franchise Player
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I've watched enough People's Court and Judge Judy to know that whether or not you have to tell someone you are taping them is dependent on the state. Most states say you have to tell teh other party but a handful you do not have to.
I do not know what Canada or the different provinces are like.
Of course if you can get them to leave you a detailed message on your answering machine. If they do they can not argue they didn't know they were being taped as it's a fricking answering machine. And people are stupid enough to fall for it.
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09-06-2006, 01:05 PM
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#20
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Lifetime Suspension
Join Date: Apr 2006
Location: Vancouver
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Quote:
Originally Posted by firebug
I spent a couple of summers working at a storage facility (one in Erinwoods).
Before I got to even enter a tennants unit I had to send a registered letter to their address on file once their account was past due. Make sure that you get a copy of the letter and the tracking number to follow up with the post office.
Second, if a unit did go to auction, they are not allowed to sell any "personal" belongings such as photos, diary's, etc. We were required to keep them on site for 12 mos following auction for the owner to claim (if they cleared up outstanding amounts).
Third, if the proceeds of the auction were greater than the amount outstanding on the account, the client would be entitled to those amounts.
Best regards,
~bug
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WHOA WHOA WHOA... they are required to keep personal belongings for 12 months!??!?!?!?!?
This just supports my idea that they sold my stuff, made a lot of money, and just claimed that they threw it out. The auction house has no record of selling my laptop, stereo and a red clarinet that is a family heirloom that is easily worth a couple grand.
I did not recieve a registered letter either... hmmmmm.
Without trying to sound irrational, the manager of this place fits the profile perfectly of a crackhead, or maybe a cokehead. The storage place itself is in a sketchy industrial type area that was the closest distance to my place in Crescent Heights, but I can't help but notice the rather close distance from Forest Lawn...
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