Do I have to file lawsuit against Public Storage (PS) and Willis Insurance ?

My items was rented in the unit til July 09, is cuz I was victim of D.V. & had to escape to shelter. The mgnr Ben made the deal with me that I ll pay 428 by July 4th. I had the money to pay in full however I was unable to pay online cuz the payment online at PS site has blocked me. I called the cust svc & they said it was blocked due to lien auction was been sold on June 28th. Ben emailed me & see if he can ask the auctioner to see if he is willingly to sell the unit back to me but he already sold few was worth than 428 dollars I owed. Ben said the auctioner cant sell the unit back to me. One wk ltr, he emailed again & said can sell back to me I used 428 I held for the unit for nothing. He messes with my head and emotion - need more explain this is limited characters.. email me.. Thank u!
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Forgot to add to let you know I m deaf single mom with low income and victim of D.V. as well, and its very hard. Theres a long explaination to tell you how it started, during being a tenant of P.S. and in the end. I dont know how to make this into short explaination. I saved the emails from Ben in regarding of this issues. I do feel improperly for Ben to mess with my emotional and mental that was in the middle of severe depression and am in healing process.
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Erik Scott Newton

Erik Scott Newton

Contributor Level 3
To begin, you might be able to find someone to help you there if you contact Volunteer Legal Services, 900 4th Ave, Seattle, WA, (206) 623-0281.

It sounds as if you had a contract with Public Storage (PS) whereby you would pay a monthly rent. Since you are saying you owed $428 in June, I'm assuming your rent for more than one month was late (for all the reasons you said, a shelter, domestic violence, etc.). While you did have a contract with them with respect to the deadline for payments and the consequences of nonpayment, the manager of the PS facility (Ben) waived the consequences and modified the terms by offering to accept payment through July 4.

But there are likely clauses in your contract to prevent Ben from being able to modify or waive conditions, but the fact is he did, and a lawyer might find an equitable way to avoid the contract. For example, Ben made representations to you on which you reasonably relied in waiting till July 4 to make a payment. These representations caused you to wait too long, such that your things were auctioned off in the interim. In my mind, there is a claim here, even if the contract attempts to avoid it.

A lawyer might review the facts and contract and emails in this case and conclude that a few possible causes of action exist. One may be a contract action based on waiver or modification. Another might be some equitable action such as estoppel or detrimental reliance. Similarly, a recission of the contract might be in the cards, due to Ben's verbal waiver of conditions, and that might allow an unjust enrichment claim, if your state says such claims are barred where there is a written contract.

In all these cases, you need to contact your local volunteer legal staff, if you meet their income guidelines, and they will surely explain the matter based on the facts you present them. If possible, they will find someone to give you the helping hand you need.

As an aside, this isn't the first time I've heard of storage facilities operating like this. In fact, it is common for on-site staff to waive deadlines and such to get paid. For them to waive the deadlines verbally and thereby hoodwink you into looking the other way while they auctioned your property is a legal and equitable wrong that you may be able to redress with a lawyer's assistance. Good luck!
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carter.renea

You know the same thing happened to me. When I was relocted to Chicago due to demostic violience and also ended up in a DV shelter..................... Everything I owed included my late son Justin / things where in there. The things from his funeral and the sleeper he died in that I kept in a boxwith some other things that gave me a sense of him...................... The person at the storage place also gave me time to pay. Now mind you I am a bill collector and a good one at that I can remember dates and times... They auction off... I am talking over 100,000 + of house items and other things.......fur coats - diamonds- you name I had it crystal etc. Infact I had 2 bens................... I think I was wronged then and now that I read your complaint or should I say lost....................... I think this was a criminal act... and I am with you.... I am a student now, my mine is clear to take a wrong and make it right like it should have been... God Bless and I am on your team. C.B. Rtta..................................... number 414-759-9194 ... God is with me and you too.
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