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Is this extortion of some type?
Endomatic
Registered User regular
Registered User regular
I am renovating my home. Have been for a bit now, it's a gradual process.
I enlisted the services of a small scale storage-box company to rent me a box for some of my things that I would store for a time in order to make some space for efficient home renovation.
We agreed on a certain price per month, a delivery charge that was paid for the delivery and pick up (from my house, to the storage facility, full of my things). These were paid up front. He agreed (and signed a contract) that states there would be no delivery charge once I wanted the unit redelivered for emptying.
I called about 4 days before my expiration date in order to arrange a time for delivery. The owner did not have the contract available and said he would call me the next morning. He assured me that even if the rental expired the next day he wouldn't charge any overages (this was 4 days prior). He agreed to deliver the box and leave it with us, even over the expiry period, so we could have time to empty it. I thanked him and said I'd only need 1 day, perhaps 2 and we concluded the call.
He doesn't call the next day.
The day after that (Expiry -2) I call and ask what's up. He apologizes and we arrange for Thursday (Yesterday), the day before the contract expires.
Yesterday morning he calls me and says that I haven't paid a delivery charge of 150 dollars and that would be required before delivery. I'll admit I acted a bit badly and said "What the fuck?!". I didn't shout it, and it wasn't in an all too angry voice. I was stunned more than anything.
He went on to complain about gas prices for his truck and forklift, plus the labor of the guy (him) going out there.
I told him "Okay, I understand, but it sure doesn't amount to 150 for a 8km trip AND that's not what we agreed to." and he demanded payment again. He then said, "We can go to a lawyer about this if you want" in a real passive aggressive manner.
I told him to Fuck off and I hung up.
First of all, I'll agree that what I did was wrong. I have this issue. I get angry quickly and behave poorly (as some could probably tell from my posts from time to time), but get over it quick as well.
About an hour later, after I had calmed down, I phoned back. He did not answer. I left a message and I apologized for my poor behavior but restated that we have a signed contract and that you have agreed to deliver it for no charge.
I told him that going to lawyer would be silly and that we should work it out and he should call me.
I made this call at 10:00 am.
He did not return my call, and I did not call back again that day.
This morning he calls, leaves a message and says that I should call him. He was very concise and pretty even toned.
I called back and he said that he was terminating my contract because it was now overdue and payment had not been received. I told him that he was violating a signed contract by both parties. He cannot just call me the morning of redelivery and demand 150 dollars. He shouted over me saying that he was my landlord and that he's terminating my contract and that I should arrange to get my stuff from the facility at my own expense and that his company is REFUSING ME SERVICE.
I said, "Okay, well if I have to remove it at my expense, then expect to get the bill for the cost."
He got angry and suggested I go to a lawyer. I said maybe I will. He said that the stuff inside my box isn't worth the cost of it (either he's just being an ass, or he's opened it and looked inside). I said "Wow, good for you. See ya" and hung up.
Is he extorting me? Is this allowed some how? I have a contracted signed by him personally, and myself that directly contradicts what he's trying to do. There is no provision inside the contract that states he may charge this fee at any time he deems in necessary.
I am in Canada.
I enlisted the services of a small scale storage-box company to rent me a box for some of my things that I would store for a time in order to make some space for efficient home renovation.
We agreed on a certain price per month, a delivery charge that was paid for the delivery and pick up (from my house, to the storage facility, full of my things). These were paid up front. He agreed (and signed a contract) that states there would be no delivery charge once I wanted the unit redelivered for emptying.
I called about 4 days before my expiration date in order to arrange a time for delivery. The owner did not have the contract available and said he would call me the next morning. He assured me that even if the rental expired the next day he wouldn't charge any overages (this was 4 days prior). He agreed to deliver the box and leave it with us, even over the expiry period, so we could have time to empty it. I thanked him and said I'd only need 1 day, perhaps 2 and we concluded the call.
He doesn't call the next day.
The day after that (Expiry -2) I call and ask what's up. He apologizes and we arrange for Thursday (Yesterday), the day before the contract expires.
Yesterday morning he calls me and says that I haven't paid a delivery charge of 150 dollars and that would be required before delivery. I'll admit I acted a bit badly and said "What the fuck?!". I didn't shout it, and it wasn't in an all too angry voice. I was stunned more than anything.
He went on to complain about gas prices for his truck and forklift, plus the labor of the guy (him) going out there.
I told him "Okay, I understand, but it sure doesn't amount to 150 for a 8km trip AND that's not what we agreed to." and he demanded payment again. He then said, "We can go to a lawyer about this if you want" in a real passive aggressive manner.
I told him to Fuck off and I hung up.
First of all, I'll agree that what I did was wrong. I have this issue. I get angry quickly and behave poorly (as some could probably tell from my posts from time to time), but get over it quick as well.
About an hour later, after I had calmed down, I phoned back. He did not answer. I left a message and I apologized for my poor behavior but restated that we have a signed contract and that you have agreed to deliver it for no charge.
I told him that going to lawyer would be silly and that we should work it out and he should call me.
I made this call at 10:00 am.
He did not return my call, and I did not call back again that day.
This morning he calls, leaves a message and says that I should call him. He was very concise and pretty even toned.
I called back and he said that he was terminating my contract because it was now overdue and payment had not been received. I told him that he was violating a signed contract by both parties. He cannot just call me the morning of redelivery and demand 150 dollars. He shouted over me saying that he was my landlord and that he's terminating my contract and that I should arrange to get my stuff from the facility at my own expense and that his company is REFUSING ME SERVICE.
I said, "Okay, well if I have to remove it at my expense, then expect to get the bill for the cost."
He got angry and suggested I go to a lawyer. I said maybe I will. He said that the stuff inside my box isn't worth the cost of it (either he's just being an ass, or he's opened it and looked inside). I said "Wow, good for you. See ya" and hung up.
Is he extorting me? Is this allowed some how? I have a contracted signed by him personally, and myself that directly contradicts what he's trying to do. There is no provision inside the contract that states he may charge this fee at any time he deems in necessary.
I am in Canada.
Endomatic on
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Posts
His behavior is exactly why you have contracts. Contact the police, and have then take a report. Then take him to small claims court in order to retrieve your full funds. Get a copy of your phone bill so you can prove that you called him numerous times. You cannot prove things that he said on the phone, but you can prove the date & time of when you called and when he returned your call. That should be enough to receive all, or half, of what you paid him (half because he did store your stuff, he just failed to deliver it).
but from what I remember you probably have a claim in private law (detinue, maybe? Or the other one I always get confused with detinue?), and he might even be guilty of stealing, depending on the law in your area.
First step - contact the police, ask them to file a report. If that doesn't shake some sense into him, have your lawyer draft a letter.
Is a call required if I have to go to the station anyway is really my question.
I assume you have a copy of this contract? Re-read it. Make absolutely sure you did not sign anything that might cause you to incur the $150 charge in some odd eventuality. If you are absolutely sure you did not sign something of this nature, call him and explain calmly that you expect your property to be redelivered to you, for the cost and in the means described in your contract. If he asks you for the money again, tell him you do not believe such a charge is not covered by the contract but if he would like to discuss it further would be happy to do so when he brings your stuff back. When he shows up, unload everything and tell him you don't believe you owe him anything.
If at any point in this process he refuses to see reason, call your local police and ask them how you ought to proceed. I'm not familiar with Canadian small-claims formalities.
He's even admitted on the phone that the contract stated that he had waived the delivery fee as a way to help his customers, and now he has to charge it. I was seriously speechless for a couple seconds.
I am empathetic for how gas prices have affected his business, I'm sure it's brutal, and it really does suck. However, that doesn't justify his demeanor and a surprise 150 fee to me.
Gas currently where I am is 86 cents per litre ($2.66 per gallon comparison ((including current currency differences))). It's the lowest it's been in I believe over a year (in this area). I think what he really is trying to do is recoup the cost of the thrashing he took over the summer, when people tend to need those services more.
To put it frankly, I don't want an officer in my home.
If it's explicitly written out of the contract, there's no reason to have an officer come by. You could do it entirely at the station.
You may also want to consider going down there with the contract instead of calling him and asking him to point out to you where you agreed to pay a $150 delivery fee, but if you are the quick-to-anger type, this may be inadvisable, and the previous course of action would be better.
Get your stuff, then file a case in small claims court for your expenses.
It's actually the lowest in three years. So saying gas prices caused the change is a lie.
When you fill out the police report, I'd throw theft and extortion in there as well and see if either of them stick.
I find it weird that you don't want an officer in your home... but that doesn't mean you can't go down to the station. As far as I know, you need to be there in person to file a half way decent report. It would be he only real way to prove you are you.
You misunderstood than, he meant he doesn't want the guy currently holding his stuff to move it, not the police.
pleasepaypreacher.net
As far as fraud, extortion, and violating a legal contract, if you've got a copy of said contract, take him to court and legally cornhole him with it. You'll have your cash back and then some.
I can has cheezburger, yes?