Removal company damaged my goods whilst they were in storage (not asking AIBU)

[cardamomginger]

Morning. This isn't an AIBU, but I'm posting here for traffic: I posted this in Legal, and Chat, but only got a couple of replies.

DH and I recently moved into our new house. The removals company had previously done a removal for me, when I sold my flat and moved into DH's flat whilst we looked for a house to buy. A lot of my stuff went into storage with the removal company, and was stored with them for 6 years.

When we got it all back, a lot of items - mattresses, bookcases, a massage couch, some soft toys - stank of damp and mould. We hoped things would dry out and freshen up, but they didn't so the whole lot had to be binned (the removal company took them). Total value is around £1500.

We submitted a claim, which the removers forwarded to their insurers. The insurers state that I had not requested insurance for the time the items were in storage (I don't know where that paperwork with the agreement is, and am still waiting for the removal company to send me a copy of it). On the basis that I was not insured, the insurers are offering to pay £40 per item/box totalling £280. They also said the removers are willing to make a good will payment.

Just had the email back from the removers, who are also offering £280. I feel this is not nearly good enough. Assuming (and I still need clarification on this) that I was not insured, where do I stand? Do I have any legal comeback? I do remember a conversation with the removal company before my stuff went into storage, where they stated that the storage facilities they use are safe and dry.

Generally relevant points are:

• The damaged condition of the goods has not been contested.
• Clearly this is the fault of the removal company who stored the goods - no one has tried to imply that they were damp and mouldy before they went into storage.
• Not exactly relevant, but it might carry some weight, is that the whole removal was awful - they packed things dreadfully (I complained with photos), they ripped a chair (again photos), they scratched new paintwork and then swore at DH when he complained.

Be really grateful for any thoughts! TIA.

If they're offering 35% as a goodwill gesture, you can be sure there's more available. As the amount is under the Small Claims threshold, you can go through County Court for £150 IIRC, and they can't use a barrister to defend.

Given the initial twattery, Google them and look for poor reviews and successful court claims.

HTH.

What were your charges for 6 years storage - I would have thought they far exceeded what you're claiming. Don't know legally, but I wonder if you might be better to ask for your costs back, as they clearly did not store your belongings in the environment promised.

I know that some moving companies only cover damage if they did the packing - don't know if that applies to you.

Thanks both. Yes - the charges do far exceed the amount I'm asking for! I think I'd be a bit hesitant about going the Small Claims route, unless I know I am on more solid legal ground.

As regards them packing - for the removal into storage, they didn't pack. But most of the damaged items are large things - mattresses, furniture - which weren't packed anyway. The only things that were in a box were the soft toys (and I'm happy just to accept the £40 the insurers are offering for this).

Anyone else? Hopeful bump??

As previous poster said, don't ask for compensation ask for your storage charges back.

I speak from no position of knowledge (sorry!), but surely if the goods are damaged as you describe, then you should be recompensed for
A. Value of the goods
B. Cost of the storage

With so many items damaged, it seems pretty clear its due to incompetence on the part of the storers, rather than anything that insurance might cover.

Poor you...

Do you have the contract for the storage? I have a suspicion that the small print may contain clauses about long term storage and the possibilities of damp.

Remember a small claims court would only take into account market value of the goods, not replacing as new.

I'm so sorry for you - such a shame to have this happen.

Did your household insurance cover the kit in storage? Ours definitely did when it was stored for 2 years.

Soft furnishings, mattresses etc are notorious for going mouldy whilst stored, no matter how dry the storage actually is. The slightest bit of moisture just festers away. Not using mattresses for at least a week before they go in is a top tip, along with tea bags in your fridge! Doesn't help you now but might someone else.

I hope you can get it sorted out somehow.

Thanks. It has been rather crap. Fortunately nothing with any sentimental value (we took that with us, or stuck it Big Yellow with easier access for us), but it has been inconvenient and involved shelling out cash that we had not anticipated.

I have no idea where my copy of the contract is (which is most unlike me - but I am still in boxes). I've asked the removal company for a copy including all Ts and Cs.

I'm aware we're talking indemnity rather than new for old. But surely they must take into account that for 6 years of the age of the goods, they were in storage and unused by me. That the clock should, to an extent, 'stop' for that period of time?

I don't really want to go Small Claims route. But who does?

The idea of asking for refund of my storage costs is an interesting one, and not one I'd thought of before this thread. We had a hell of a lot of stuff in storage, and the damaged items are only part of it, so I'm not sure how I could get them to accurately 'quote' for 6 years' storage of the damaged items only. Not impossible though.

Arse.

YABU.

Hmmm. Household insurance. Which one would that be? The policy on the flat I sold (and therefore the policy terminated then) when all the stuff went into storage? The policy on the flat I moved into with DH (now also cancelled as we have moved again)? Or the current policy on our current house? I presume the policy on the flat I lived in for the duration of the period during which the goods were in storage? Even thought the policy is now terminated, could we still claim?

Objection - I'm not asking whether IABU! I posted for traffic as I need advice. OK?

I don't like it when people post in AIBU when they don't want to know ITABU. It's stupid.

I tried in Legal, and then in Chat. When neither of those yielded more than a couple of responses, I posted here.

It's not stupid. It's called needing help and advice. At most, it is an inappropriate use of this particular forum. For that I apologise. If you want to report me and get it moved, go ahead.

I can't help with which insurance policy it would be but I'd lay money on a lapsed one not paying out!

Get the terms and conditions and take it from there. And if you can find your storage documents with evidence you'd taken their insurance then even better. I doubt the docs would be in the storage boxes though because they normally hand that to you when everything's on the lorry.

Just from my past experience so not fact, unless you take the company's insurance you won't be able to claim from them if you can't prove they were negligent. Mould is very common and usually (not casting aspersions) the owner's error. You'd have to have evidence of ingress of water (tide marks on boxes and contents) to be able to make a cast iron claim I think.

I do hope you find you're insured one way or another but if you're not I'd be minded to take what they've offered and cut your losses.

I'd go down the negligence angle rather than the insurance one, and tell them you are about to make a claim in the Small Claims Court for the costs of storage, and for the damage to the items caused by them being stored in inappropriate conditions.

Have you spoken to Citizens Advice Bureau yet?

I always forget about the CAB! Will drop them a line - thanks!

The docs may be in a box as I have 2 lots of boxes - one from the first move when a whole load of stuff went into storage, and the second lot from our subsequent move when we moved out of our flat and into our house. Could well be in a box from that second lot.

I'm away tomorrow for a week and didn't really want to not reply before I leave. So I think what I will do is reply and just reiterate my request for a copy of the agreement and ask for a statement of my account showing all storage costs and ask for a breakdown in terms of how may units/container I had.

I take the PP's point about damp/mould sometimes/often originating with the owner, rather than arising purely from storage. No one has tried to make out it is my fault. And interestingly, when I first notified the removal company about the damage, the manager immediately offered to buy replacement mattresses. Not quite sure what that signifies - that similar had occurred previously, that he knows where to get dirt cheap mattresses! Dunno. Of course this was only verbal and nothing in writing...