Need some advice STAT

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Posted 4/2/2013 by McScrapper1 in NSBR Board
 

McScrapper1
Just Peachy

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Posted: 4/2/2013 10:49:47 PM
I am in a pickle and need some advice (possibly legal) on how to handle a situation. I'll try to make a long story as short as possible.

My exH and I share a storage unit and he is supposed to pay the monthly fee. We've had this unit for over 8 years. Over the past 4 years since we have split, he said he was going to pay. He hasn't paid on time several times. He will forget one month and will go in and pay for three to get caught up and then pay a month ahead. It isn't that he doesn't have the money, he just forgets. It is so frustrating.

Anyway, I've kept all my Christmas decorations and ornaments in this unit. I've also kept all my dd's baby clothes and such. There was also a box of MY baby clothes that I had. There are some other things but nothing as sentimental / valuable as the Xmas and baby things.

Exh didn't pay for February so the manager got upset with my ex and sold all of our stuff in an auction. We found out that she did not do anything "legally" in selling our items.

I was just looking on ebay tonight and found what I think is most of my collection. (Peanuts ornaments and some Longaberger baskets and such). The auction seller is also located one county over from here.

So, my question is how do I go about approaching this guy to try to get my stuff back? I know there are some other items in there that I really don't *have* to get back but I would REALLY like the Peanuts stuff and my child's things.
I did email the seller asking what else was available and got a reply that he/she had "lots of great stuff...small, medium, and large pieces." Sounds like my stuff for sure.

My ex is trying to get his atty to go after the storage facility for not legally selling our items but that doesn't get my stuff back! The first round of auctions posted end in less than 2 days.

What do I do? Do I ask to go see the items at his home? Do I try to wait for the atty to write a "cease and desist" letter or what? I mean, let's say he gets a letter. That doesn't stop the seller from trashing our stuff right? Do I appeal to the seller's soft side (assuming there IS one) and try to buy it all back and pay what he/she paid for it with some extra money? I don't know!

I guess I want to know how to play this.

Any ideas are appreciated! I'll never sleep tonight!

m


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"

jarmommy
AncestralPea

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Posted: 4/2/2013 10:53:28 PM
I would buy your stuff back then go after the storage unit for your costs. Yea your ex is a dick for doing what he did but they have to follow the proper ways.

McScrapper1
Just Peachy

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Posted: 4/2/2013 11:00:00 PM

I would buy your stuff back then go after the storage unit for your costs. Yea your ex is a dick for doing what he did but they have to follow the proper ways.


That was my first thought exactly. I am trying to tell him that WE need to drive out there and pay him what he paid for the unit and then have the storage unit pay us back. He's all wanting to get an atty on the case.
And I agree that he was a dick to even let this happen. He even had the nerve to send me a text at work asking me to call him. I called him thinking there was something up with our child. The azzhat had the nerve to tell me at work! I work in the dam ER and had to work the next 3 hours with THAT news. I could have killed him!!!! Probably why he called me at work knowing I couldn't leave and run him down.

I'm still fuming mad at him. He just doesn't seem too concerned to get MY stuff back and in the meantime I'm all in a tizzy!

m


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"

beachgurl
Ancient Ancestor of Pea

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Posted: 4/2/2013 11:05:20 PM
I'm hoping that your husband was not further behind on the rent and just won't fess up. I'm also hoping that the storage place didn't follow proper procedures and notify "you" at whatever address they had on file. If it has been that long, it could have been an old address and old phone numbers...

But for right now, if it is something that means something to you and you don't want to lose it forever, buy it immediately. It could be too late if you wait.




beachgurl
Ancient Ancestor of Pea

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Posted: 4/2/2013 11:08:46 PM
I don't think you will have any luck trying to buy your stuff for what this new person paid for it. People that buy storage units full of things are looking to cash in on another person's misfortune. Unfortunately this time that person is you. I'm sure he will expect to profit.

Otherwise every single time he buys a unit, the people who lost it would come and expect to get their things back.




McScrapper1
Just Peachy

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Posted: 4/2/2013 11:21:55 PM

I'm hoping that your husband was not further behind on the rent and just won't fess up. I'm also hoping that the storage place didn't follow proper procedures and notify "you" at whatever address they had on file. If it has been that long, it could have been an old address and old phone numbers...


EX husband. And I know he was only a month or two at the most behind. I paid in December so I know we were at least caught up to that point.

And the manager did have all the most current contact info. I just talked to the ex and he said we've had the unit for 13 years and have always paid every 2-3 months and have never incurred any late fees or been threatened to be "locked out." Bottom line, the manager got pissed and sold our stuff illegally and now we are fighting to get our stuff back. We never got a certified letter with a 30-day notice and she never posted a legal notice in the newspaper for 2 weeks like she was supposed to. The auction took place in early March so she didn't have time to do all of these things.

The seller did reply again and is going to price all the stuff and I'm going to look at it on Saturday. I'll be DYING for the next 4 days!


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"

danor98
StuckOnPeas

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Posted: 4/2/2013 11:26:43 PM
Good luck, M. I hope you get your stuff.

If you want, my husband can come kick some a$$ for you! He would if I asked




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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just a more creative way of taking notes on your life!"

eebud
Doxie Pea Mom

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Posted: 4/2/2013 11:35:07 PM

Do I appeal to the seller's soft side (assuming there IS one) and try to buy it all back and pay what he/she paid for it with some extra money?

This is probably what I would do.........at least for the stuff that I really wanted back. Can you wait 4 days? Did you say the first auctions end in 2 days?

If you get your stuff back, I would store the stuff some place where onlyI was responsible for it.





Hans on left, Bud in middle, Gretchen on right

McScrapper1
Just Peachy

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Posted: 4/2/2013 11:38:07 PM

If you want, my husband can come kick some a$$ for you! He would if I asked

You are a GREAT friend! I texted my cop friend the following the other day:
Me: I need some help.
Him: Sure. What's up?
Me: I need help hiding a body.
Him: Oh brother. Do we need a large hole or water access?

I have never felt like physically hurting someone before! I told my ex that this was the single most stupid thing he has even done and nothing he has even done has hurt me like this. I cried all night that night and couldn't even talk about it to my best friend.

Just talked to the ex and he says we have to play the waiting game. Waiting game my azz!!! I want my stuff back!!!

m


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"

McScrapper1
Just Peachy

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Posted: 4/2/2013 11:41:29 PM

Can you wait 4 days? Did you say the first auctions end in 2 days?

There are only 7 'lots' up for auction and only one of those has bids. I think I can wait until Saturday to go look at the other stuff.
Ex is telling me not to buy it all when I go and he will have his atty write a cease-and-decist letter on Monday.
I don't really like that answer. I want him to go buy all the stuff I really want and then worry about the rest. I REALLY want all my childhood ornaments and the ones I collected over the years, the ornaments my child made and her and my old baby clothes. The rest he can keep if he doesn't want to give it all up.

m


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"

TinCin
Ancient Ancestor of Pea

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Posted: 4/3/2013 3:08:50 AM
Trusting your ex is what got you in this situation to start with. I am not sure I would trust his advice on how to deal with it. If I were you I would get my stuff back and go after the storage place for the money. You can't expect the purchaser to hold it for you forever and they are faultless in this matter.


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Nicole in TX
The Peas did what we do and went insane over it

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Posted: 4/3/2013 3:12:45 AM
After the first non-payment you should have gotten your stuff out of the storage unit.

I would just bid on the eBay auction. The stuff legally belongs to that sell now.

Sorry you are going through this.



LolaLayout
StuckOnPeas

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Posted: 4/3/2013 5:16:37 AM
I'd buy the stuff back from the eBay bidder from the auction if I had the means to. Honestly, I'd feel lucky that I had a second chance to be able to get my stuff back.

Just look at it as extra payments on the storage unit, collect your things, and be done with it.

It is probably not a priority to your EX to make sure those things that matter so much to you are returned to you. After all, it wasn't a priority to him to make sure they stayed in your possession in the first place.



*Stop the glorification of busy*

recap.pea
AncestralPea

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Posted: 4/3/2013 5:20:00 AM
Wow! I would be so upset and I really hope your ex goes after them if the storage facility really had no legal right to sell it (note: if ex was behind in rent, they may have legally been within their rights to sell)

I can see why you are upset. I would appeal to the eBay seller. Tell him/her your story and ask to see if they purchased the items from the rental place (describe the items in as much detail as possible to prove the property is yours) and tell them that you really just want your property back and could you meet somewhere locally (like McDs) and you will pay what they paid plus 20% if they will remove the eBay auction. It is worth a shot.

Good luck, I hope you get your things back


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*KAS*
Ancient Ancestor of Pea

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Posted: 4/3/2013 5:53:58 AM
I agree with the others. I'd buy my stuff on EBay and email the seller. Tell them your ex is an idiot and the storage unit sold the stuff illegally, but you really want your stuff with sentimental value. Ask them what else they have and make arrangements to get it. Then sue the storage facility.


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*KAS*
Ancient Ancestor of Pea

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Posted: 4/3/2013 5:54:59 AM
I should add - I would sue them but not count on getting back the money I spent to get my stuff. So I would buy what was most important / what my finances allowed me to 'eat'.


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pretzels
Ancient Ancestor of Pea

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Posted: 4/3/2013 6:00:46 AM
I wouldn't be taking my ex's advice on this one. I'd go buy what I absolutely wanted, and let him deal with the legal crap, if that's what he wants to do.

Gsquaredmom

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Posted: 4/3/2013 6:08:16 AM
I think I would call the police and ask for advice. I wonder if it is possible the seller is technically in possession of stolen property. Perhaps they can at least stop the seller from selling your items.

Like others have said, though, I would make sure I bought what I wanted if the seller would not agree to just give me items.



jennifw
StuckOnPeas

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Posted: 4/3/2013 6:12:39 AM

If I were you I would get my stuff back and go after the storage place for the money. You can't expect the purchaser to hold it for you forever and they are faultless in this matter


If you wait, your stuff will be gone. Go buy it back and then figure it out. Getting money from the storage people won't help you if the ebay person has already sold it.

voltagain
OklaPhoma

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Posted: 4/3/2013 6:28:14 AM
You may want to read your unit's contract. I looked at my son's. If his rent is not paid within 15 days of being due it is considered abandoned. At 30 days over due the contents can be disposed of in any means desired by the unit's owner.

There is no requirement to send a certified letter or publish a notice in the paper.

You last paid it in December. We are now at April. More than enough time to skip payments, send a letter, publish a notice and put it up on contents to be sold block.



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kimberly38
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Posted: 4/3/2013 6:42:24 AM
How do you know your items were sold illegally?

Usually, there is a process when selling storage unit items. So many months without payment and then a notice in the paper of the unit holders names and date of auction. (At least in our area, this is how it is done).

I would think that you have to prove that the items were not sold legally and hope that your ex is telling you the truth and only missed one payment, but it does not seem like that is the case, as you state he is always missing payments. And you state, "over the past 4 years". I'm sorry, but if I were the owner of a locker facility and had to deal with four years of various non payments, yes, I would be done too.

Do you have a copy of your lease contract? Read all the fine print. I am betting that this was a legal transaction. Have you called the storage unit yourself to find out the details? Your ex cannot make a payment for a storage facility, but he has the money to go and pay an attorney?

I have to wonder why you still have a locker with your ex after four years? Within four years, you should have had enough time to get your own storage locker unit in your name with only your items in it that you could have taken care of, since you know your ex does not pay on time. This situation was bound to happen sooner or later.

I'm sorry, but it sounds like you are going to have to buy your own items back if you want them that bad and at the price that the seller is going to sell them for.


Sarah*H
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Posted: 4/3/2013 6:46:05 AM
My advice is that if you want your stuff, buy it back. Don't wait to go look at it, trusting that the seller won't screw you. Buy it back and worry about the financial ramifications later.



Rhondito
MississiPEA

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Posted: 4/3/2013 9:20:17 AM

I want him to go buy all the stuff I really want and then worry about the rest. I REALLY want all my childhood ornaments and the ones I collected over the years, the ornaments my child made and her and my old baby clothes


Then buy them back yourself. You don't have to have your ex do it for you.


Rhonda



Fraidyscrapper
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Posted: 4/3/2013 9:29:19 AM
Go get your stuff. Pay for it. Try to get your ex to pay you back for it, but don't count on it. Get your own storage space that you manage yourself and chalk it up to lesson learned.


"The sharpest criticism often goes hand in hand with the deepest idealism and love of country." - Robert F. Kennedy

kimberly38
Ancient Ancestor of Pea

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Posted: 4/3/2013 9:58:38 AM
I just wanted to tell that just because an auction has no bids, does not mean it will not have bids.

I bid at the very last minute on items I want and I almost always win. I watch my items, I don't bid on them. I want to pay as least as possible and I am sure many others do the same.

So, dont count on your items being availabe by Saturday if the bids go off before then.

Why is your ex waiting until Monday to see his attorney and ask for a cease and decist letter if he knows the auctions go off before then? Are you sure your ex did not receive any notices re: locker? Are you sre nothing was in the paper?

Also, the storage locker might possibly have sold the items illegally, but the seller bought them legally. Until the items are listed as stolen by a police report, the seller is under no obligation to anyone to sell those items at the price he paid for them. He runs a business and as such, wants to make a profit.


AKathy
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Posted: 4/3/2013 10:08:12 AM

Go get your stuff. Pay for it. Try to get your ex to pay you back for it, but don't count on it. Get your own storage space that you manage yourself and chalk it up to lesson learned.

I agree with Fraidy. Your ex is a dick but you made the mistake of leaving your sentimental things in his control for all these years.


***************************************


Mother Goose's Meandering Mind



GVJ
Frozen Pea

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Posted: 4/3/2013 10:09:29 AM
Wow. First of all, good relationship or not, I can't imagine sharing a storage unit with an EX, especially if they are the one paying. I would have gotten my OWN, especially to keep stuff I care about stored.

Second, I would suck it up and pay for my stuff to get it back.



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beachgurl
Ancient Ancestor of Pea

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Posted: 4/3/2013 10:13:06 AM
Yeah, I'm on the bench with Voltagain on this one. I use storage units across the country since I travel so much with my work. It gives me a way to have access to things without needing to drag it all along with me. I think many of my contracts have lock-outs that start really quickly. Like even 5 days late. Plus additional fees, etc. I know that things can be sold in just a 30-45-60 day late period too.

I wish it weren't the case. Sometimes I feel like the storage operators are making their real money off selling peoples belongings, more than collecting rent. But it is what it is.

I'd be checking into the legal requirements in your area myself, and not leave that for my ex. I'd also try to contact the storage place just to see what the story was as far as they were concerned.

More bad news, sorry. You mentioned wanting some Christmas ornaments that your children had made. Those may have been thrown out. The new owner is buying peoples things and reselling them to make a profit. They are not going to think someone will pay them for someone else's old children's craft projects. Cause honestly, who would?

So especially if you are hoping to get those things, please move fast before they are gone. Good Luck.




McScrapper1
Just Peachy

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Posted: 4/3/2013 12:53:00 PM
After a little bit of sleep and 20 mile bike ride.... I've decided that I am going to ask the guy to please "shop" his items this weekend. I really want to go tomorrow since I work all day Friday and have to go out of town Saturday afternoon. Ugh.

As it is, I am going Saturday around noon and will buy the top items I really want to have back. I am also going to feel this guy out to see if he is the compassionate type. If I get a good vibe from him I'm going to tell him what's going on. If not, I'll just buy what I can and hope a lawyer can get a cease and decist letter to this guy ASAP.
My ex is supposed to be calling the owner of the company today to appeal to his business side and hopefully ask the guy to sell the unit back to the storage facility. If not, he said he would pursue it legally.
I soooo do not want to go down that road. I just want my stuff back.
I don't have enough money probably to get all the stuff back that I want but my mother said she would help me. I'm a lowly nurse and don't make a lot of extra money for this stuff.

From this point, I'm going to rent my own place and then I am responsible. Period.

I am still just so upset about this whole thing. I hope I can keep my composure when I see my stuff. I could wind up in a puddle of tears seeing my stuff in some stranger's garage! And I'm a tough cookie too! I am just way more emotional about this!

m


A good friend will bail you out of jail. Your best friend will be sitting beside you saying, "Damn that was fun!"
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