I would like to talk to anybody that was at the Home Hardware Garage sale in nov 2009.Anybody who was there anybody who bought anything our who might off seen thigs that got sold.I need to get some information for an up comming court case against Home Hardware.I would also like to talk to anybody who had there stuff sold at this so called garage sale.If you know of anybody who was there our had stuff sold there please get a hold of me here our call me Peter Marshall 250-624-1693 our my store 250 624-4301
Heres abit of an update YOU GUYS ARE GREAT i have managed to find a few things of mine(and bought for quite bit more than i was told they sold for) one of the main things Iam still looking for are some pairs of skies and ski boots.So please keep the phone calls coming and i promise to give you all an update on how things are going thank you all very much .
PS if anybody just wants to know what this is all abought just give me a call.
I am glad you have retrieved some of your belongings but as I also have a locker there, can you fill us in, to the degree you are comfortable with, on what happened there? I never heard they even had a “sale”.
well i haven’t got my stuff back yet just trying to place what happened to it let just say for now home is NOT where the heart is.
I dropped by that sale for 5 minutes but everything was so dirty and extremely old looking I didn’t even want to pick it up. Didn’t buy anything.
It would be really helpful to talk to as many people that bought ANYTHING there I have a few people now but my lawyer say the more the merrier
what brand of skis and boots did you have?
I think that I had better take a trip up there and make sure I still have a locker 
Good Luck !!
my list is at the lawyers office but any skies that were bought from there our anything will help me
Why were your things sold? Were you behind in your locker rent?
Yes i was 2 month.I ended up spending a couple of months in and out of hospital I was going to the hospital 3 to 4 times aday plus spending days there I was very sick.Its funny though after all was said and done.something happen and they wanted to get ahold of me, they got my my unlisted cell phone number in about 10 Min’s and called me .hum----- one quick phone call sure wasn’t hard to find me.Its a little town every body knows everybody
feel sorry for you being in the hospital . but part of life is paying bills.
but hey if your lawyer thinks you have a fight whats his name i’ve got the flu and i don’t think i should pay my taxes.
2 months late on storage does not sound that bad…
I have heard of people being a lot longer in arrears before their goods are sold like that…
That sounds about right, I think Mine was 2 or 3 months. Mind you my excuse was lame. I was about 20 years younger, And i did not value the items as much as I do now, old drawing, stuff I had written, old records. Man I wish I kept up the payments.
Worse yet, most of the “things of value” would have been tossed into the trash.
I’m pretty close to someone who used to work at Philpott years ago and there were legal steps that had to be taken before the lockers could be auctioned off, if the new owners have followed all of the steps like, documented calls, and ad’s in the newspapers, you would probably have no case.
I was also told years ago that the lockers were searched before auction, the reason given was to remove any items of significance, ie: money, trading cards, jewelry basically the good stuff. I never was told where these items ended up my friend wouldn’t divulge that information, but one only needs to use their imagination to suspect where they might have gone, but if the practice continues you might want to ask the HH staff if any of them have any of your stuff. Good luck in any case.
If you had questions in regards to how the lockers used to run, there are still a few of the old Philpott office staff in town that are not employed by HH and you would probably get an honest and impartial opinion as to weather or not there was a violation of protocol.
The only thing I can find is a residential tennants act. And as far as I know when it comes to storage in apartment complexes landlords aren’t allowed to just sell your stuff.
I’m not sure where else to go, but maybe this can help a bit.
http://www.rto.gov.bc.ca/default.aspx
Look at the Warehouse Lien Act … warehousers hold a lien on property in their care, and … so long as they follow due process … can seize the property and sell it to recover what is owing … any surplus being paid over to the owner.
Sidebar … just because the city owns Watson Island doesn’t make it the owner of Sun Wave’s “chattels” (ie stuff) … or allow them to seize it … the city isn’t in the warehouse business. After writing about that on another thread I see that the city could have directed the collector of taxes to seize the chattels as well as the land for non-payment of taxes … but they don’t seem to have done that under the Community Charter … hence a law suit over how Sun Wave gets its stuff back.
Point is … warehousers are among the few businesses that can seize and sell chattels. Mechanics are another exception … that’s why vehicles are occasionally auctioned off for non-payment of repair charges etc … Landlords definitely cannot seize the tv and other personal possessions.
Here are some key excerpts from the Warehouse Lien Act:
- “warehouser” means a person lawfully engaged in the business of storing goods as a bailee for hire.
Enforcement of lien by sale of goods
4 (1) In addition to all other remedies provided by law for the enforcement of liens or for the recovery of warehouser’s charges, a warehouser may sell by public auction, in the manner provided in this section, any goods on which the warehouser has a lien for charges which have become due.
(2) The warehouser must give written notice of the warehouser’s intention to sell to the following persons:
(a) the person liable as a debtor for the charges for which the lien exists;
(b) the owner of the goods;
© any person who has a security interest in the goods where a financing statement with respect to the security interest is registered at the date of the deposit of the goods;
(d) any other person known by the warehouser to have or claim an interest in the goods.
(3) The notice must contain the following:
(a) a brief description of the goods;
(b) a statement showing the location of the warehouse where the goods are stored, the date of their deposit with the warehouser and the name of the person by whom they were deposited;
© an itemized statement of the warehouser’s charges showing the sum due at the time of the notice;
(d) a demand that the amount of the charges as stated in the notice and further charges as may accrue must be paid on or before a day mentioned, not less than 21 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination according to the due course of mail if it is sent by mail;
(e) a statement that, unless the charges are paid within the time mentioned, the goods will be advertised for sale and sold by public auction at a time and place specified in the notice.
(4) If the charges are not paid on or before the day mentioned in the notice, an advertisement of the sale, describing the goods to be sold, and stating the name of the person liable as debtor for the charges for which the lien exists and the time and place of the sale, must be published at least once a week for 2 consecutive weeks in a newspaper published in British Columbia and circulating in the locality where the sale is to be held.
(5) The sale must be held not less than 14 days from the date of the first publication of the advertisement.
this is a good point i went to the daily news no such add was ever taken out (hummmmmmm) If the charges are not paid on or before the day mentioned in the notice, an advertisement of the sale, describing the goods to be sold, and stating the name of the person liable as debtor for the charges for which the lien exists and the time and place of the sale, must be published at least once a week for 2 consecutive weeks in a newspaper published in British Columbia and circulating in the locality where the sale is to be held.
point
[quote=“mossmut”]
this is a good point i went to the daily news no such add was ever taken out (hummmmmmm) [/quote]
4.4 “… an advertisement of the sale … must be published at least once a week for 2 consecutive weeks in a newspaper published in British Columbia and circulating in the locality where the sale is to be held.”
… I would check the Northern View as well. I’ve never been involved in such a sale but from what I understand Small Claims Court looks for strict compliance by the warehouser … there would be an onus on them to demonstrate that they followed the rules.
You may wish to go to the Library and check their back issues of both the Daily and Northern View, I remember seeing these kind of ads in the recent past, whether your particular items were included I don’t know, but researching it out yourself may help your cause (not to mention keep some of your money away from your lawyer) 