Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:01/12/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  When I signed the contract it was a $5 late fee and now it's $20 per unit per month. I want a reasonable late fee and a few months to get it paid up. She said she would sell all my stuff next month

  Business Response

  Date: 01/31/2023

  Complaint #******** Response

  
  

  • We took ownership of Wigwam Storage LLC in July of 2020. 

  • Upon reviewing the late policy for the storage facility in 2021, we realized the late fee was not up to the requirements of the Missouri Self Storage Lien Act.

    • Missouri Lien Law 415.417 (4): A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty.

  
  

  • November 2021, an updated addendum was sent to every renter stating, effective January 1,2022 rent was due the first of the month and that the late fee would be increasing from the original amount of five (5) dollars to twenty (20) dollars. This brings Wigwam Storage LLC up to the standard set by the above listed section of the Missouri Lien Law. 

    • The thirty (30) day notice with no signature required follows section 32 of the contract signed by the renter for her units on 8/3/2020 and 10/14/2020.

      • 32.AMENDMENTS Operator may change the terms of the Rental Agreement, including but not limited to the Monthly Rent, Monthly Late Charges, or any other fees or charges by providing written notice to the Occupant at least thirty (30) days prior to the effective date of the change. The rental agreement, as revised, will automatically continue thereafter on a month-to-month basis until terminated as provided herein, and such revised Rental Agreement will not require Occupant’s signature to become effective. Otherwise, this agreement may only be amended in writing signed by parties, unless otherwise provided herein.

  
  

  • This specific renter has two units with us. One has been paid in full through the end of October and the other has been paid in full through September. The renter has subsequently failed to pay for either unit for November, December and January. We did not issue the late notice in November and December due to having grace for the holiday season.

  
  

  • As of January 1, 2022 the renter owed the following months of rent, October rent for one unit along with a late fee, November rent for both units along with late fees for both units  and December rent for both units along with late fees for both units and an outstanding late fee for one unit in September of 2022. 

  
  

  • The renter called on January 2nd to make a payment of $150. This payment covered the base rent for the one unit in October as well as both for November but noth the incurred late fees. Again during the January 2nd phone call another verbal reminder regarding the policy of having a late fee per unit was issued. The renter requested a copy of her rental agreements. Those along with the addendum were sent with the January 5th late letter.

    • The late fee amount was also reiterated to the renter during a phone call on 10/3/2022 when payment was received for the September’s rental amount which was past due. The renter was given grace by Wigwam Storage LLC and was only charged a late fee for one unit in the month of September. It was reiterated to the renter, going forward the policy is the late fee is per unit.

  
  

  • January 5th of 2023 we issued the first late notice that will start the 45 day lien collection process outlined by the Self-Service Storage Facilities Act  415.415. (4).Self-Service Storage Facilities Act  415.415. (4):

   (1)  At least forty-five days before any disposition of property under this section, which shall run concurrently with subsection 2 of this section, notify the occupant and each lienholder which is contained in any statement filed by the occupant pursuant to subsection 3 of section of the default by first-class mail or electronic mail at the occupant's or lienholder's last known address, and shall notify any third-party owner identified by the occupant pursuant to subsection 3 of section 405.410;

  (2)  No sooner than ten days after mailing the notice required in subdivision (1) of this subsection, mail a second notice of default, by verified mail or electronic mail, to the occupant at the occupant's or lienholder's last known address, which notice shall include:

  (a)  A statement that the contents of the occupant's leased space are subject to the operator's lien;

  (b)  A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of release for sale and the date those additional charges shall become due;

  (c)  A demand for payment of the charges due within a specified time, not less than ten days after the date on which the second notice was mailed;

  (d)  A statement that unless the claim is paid within the time stated, the contents of the occupant's space will be sold after a specified time; and

  (e)  The name, street address and telephone number of the operator, or a designated agent whom the occupant may contact, to respond to the notice;

  (3)  At least seven days before the sale, advertise the time, place and terms of the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held.  Such advertisement shall be in the classified section of the newspaper and shall state that the items will be released for sale.

  
  
  
  

  This renter has paid her rental fees late since September of 2022. The amount of the rent has not changed nor has the date on which rent is due. During either phone conversation on 10/3/2022 or 1/2/2023 there was no communication from the renter about making alternative payment arrangements to get the account back to current. There has been no communication from the renter other than the two stated phone calls and the late letter at all during this period from 10/3/2022 to present prior to this complaint. 

  
  

  The renter has been advised on policies and reminded about when rent was due as well as late fee policies in writing when the policy changed and verbal via phone calls. We have given her ample amount of time as well as grace for the policies by removing one late fee in September as well as not starting the lien process during the holidays. This grace does not eliminate the responsibility of the renter from their portion of the contract.  For these reasons we are following the rules set forth for us by the Missouri Regulations above and will follow the lien process accordingly. Had there been communication from the renter in regards to reaching an alternative payment plan prior to this complaint we would have been open to that option. 

  
  

  Documentation for Statue exerts:

  • Missouri Lien Law 415.417 (4)

  • Self-Service Storage Facilities Act  415.415

  Full Statues:

  Customer Answer

  Date: 02/06/2023

  I have rented a storage unit from her since 8/3/2020.  I have done my best to pay her.  I told her I was on disability the day I rented from her.  I don't get my check till the third.  She has done nothing but make threats and intimidated me.  So I'm always scared to call her.  She is very hard to get ahold of.  She tried to force me to go to Direct Pay which I refuse.  As we all know everything has gone up in price this last year.  I managed to get her paid till September.  I got my budget over extended but the increase in disability this year is enough to pay bills more but not enough to get caught up yet.  I have paid to her her $470.00 in this time.  I'm making every effort to pay her but with her charging $40 every month extra, it is taking a long time.  I don't know any company who is legally allowed to charge that kind of interest.  

  I'm also told she can't change the contract without a written agreement signed by me.  So the principle I only owe $150 taking most of what I owe over $150.  I don't have a wrong.  Last month after dealing with her I ended up in the emergency room.  She is not even offering me anything even close to fair.  I hope you can help me with this.