ComplaintsforMabey's Self Storage

• Initial Complaint

  11/11/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  On 6/2/14 I entered into a contract with Mabey’s SS for a 5x10 self storage unit. The signed agreement does not contain language that makes the purchase of insurance for my property mandatory. in fact Addendum to the Agreement dtd. 6/2/14 gives the client the option to assume responsibility for loss. After 8 years operating w/o insurance, Mabey’s informed me by Letter dtd. 9/27/22 (which they claim is a contract “addendum”) that unless I can show them a Proof of insurance fir my property, they would arbitrarily purchase liability insurance from a third party and add an additional $9 monthly to my rental invoice. I am sure this is happening to many other existing customers. Legally, an addendum is only enforceable if agreed by both parties. I have contacted Mabey’s officials by phone and email to protest their insistence on billing me for insurance that I don’t want. They have ignored my demand and billed me for this extra cost. I can mail you supporting documents.

  Business response

  11/16/2022

  I’ve attached a scan of Mr. ******** original contract. As I tried to explain to him in our call 10/26, the last sentence in section 9 allows us to amend the contract with proper notification for instances like this or rate changes. These letters went out on 9/27 and 10/14. In his complaint, Mr. ****** expresses that he cannot afford the monthly increase. As I explained to him, and as explained in a sample of the amendment letter that went out to all those affected (see attached), he can opt out of the monthly charge by having his insurance carrier supply us with his Declaration page. He told me he has a Homeowner’s policy but ‘that’s not what this is about.’ So I'm confused as to if the complaint is truly about the monthly increase, which can 100% be avoided by actions on his part, or if it’s about the process of us amending the contract which we have done with his previously mentioned rate change and are doing now in our contractually obligated way with this insurance amendment. Mr. ****** was instructed multiple times via the letters and our conversation that the charges would come into effect 11/1. Mr. ****** is on automatic payment and was charged for all charges due on his account. If Mr. ****** wished to not be charged, he could have taken the necessary steps to be taken off of automatic billing. We are following all the necessary steps to implement this change. Please let me know if you need anything further. Thank you. 

  Customer response

  11/16/2022

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.  Regards,  ****** ******Please review Para. 3 of the agreement and the Addendum dated 6/2/14. The addendum SIGNED BY BOTH PARTIES gives the client the right to assume liability for their own property. Mabey’s claims that they sent “addendums” in their September and October letters to me incorporating the requirement for insurance. However the language of their letters say “encourage existing customers” not “require existing customers”. Furthermore contract law requires an written addendum to be signed by BOTH parties and that does not exist.

  Business response

  11/18/2022

  The last sentence in section 9 of the contract (previously submitted) signed by Mr. ****** states, "Any terms of this Agreement may be changed by OWNER by giving of written notice by United States Mail as provided in the paragraph, ten (10) days prior to the expiration of the month." That is what we've done.  

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