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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116754
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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In late February or March, I Gilman entered into a contract

Customer Question

Good Morning, In late February or March, I Scott Gilman entered into a contract with the company Cool Box. They deliver an empty box to ones home, then take it away and replace with another as needed. The contract was between myself and Cool Box only. The three components of a valid contract were met, offer, acceptance and consideration in the form of payments on the monthly invoices. At one point , my girlfriend Rebecca Fowler wanted to be added to the contract, as women sometimes need access to their personal items. I was told, by the Cool Box customer service agent, that she could not be added to to contract as a liable party. She could only be allowed access to her things periodically, and that all liability remained with me. Since we sold our house we couldnt agree on where to move, hence we decided to go our separate ways. A couple months went by with no invoice and I thought there was a problem with receipt of invoices to my new address. When I called Cool Box for clarification, I was ahocked to hear , from the customer service rep that I had "Been Replaced and Erased, and that Rebecca was now liabile for all costs incurred. Immediatly I called and was given permission to clear out my goods and was told that Rebecca had cleared out all of her things and all that was remaining was one 8 by 12 foot box, while she removed 4 8 by 20' boxes. Needless to say I was furious as many very expensive items were removed along with her things. My Brother and myself cleared out everything except for one queen size bed, that I had no room for. There were two workers in the yard that day, and I asked if either would like the bed. One said he would love it and would remove it that day. Well that never happened and Rebecca received and invoice for $839 for 2 0r 3 months storage, and noone ever called from Cool Box to tellme of his change of heart. Cool Box is threatening to ruin Rebeccas credit and she is very upset. I am also very upset because I dont believe the Erased and Replaced contract is valid, and as a result is not an enforceable contract. I have tried numerous times to speak with either the chief legal officer or the CEO and have been frozen out everytime, Im told neither exists. Any advise would be greatly appreciated, Thank You Kindly, Scott Gilman
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
From your description, it appears Cool Box is in breach of contract with you for changing the contract terms and removing you from the contract without your authorization. Thus, the liability for damages is on Cool Box jointly and severally with Rebecca (for taking property she was not entitled to take) for any damages their breach of contract caused you. Ultimately, they should not have allowed access according to the contract and she should not have taken property she was not entitled to take. Since they will not discuss it with you any longer, you need to consider filing suit against them now for breach of contract and also naming Rebecca for return of property she took and seek your recovery in court.
Customer: replied 1 year ago.
Rebecca will return the comingled items and I agree cool box is working off of an illegal contract, however $839 hardly makes it worth the expense of court. Do you think I should pay and then file in small claims.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can go to small claims without much expense and the cost of filing suit can be recovered as part of the damages in small claims. If you pay with reservation of rights to sue, you can do that as well.

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