Feb 27 (edited) • Legal, Compliance & Insurance
British Association of Removers and members terms Mishap!
Accidentally Ive found a real legal risk in the terms your sending to movers. It really shouldn't be me telling a professional trade body like BAR about this but here we are lol
Please look into this with your legal team ASAP and update every mover whos already been sent the October 2025 Liability version. I only spotted it while creating a guide for a mover chasing unpaid storage and posted here because its in everyones interest (movers clients and BAR itself).
Better to fix this royal cock up now before it affects your association or your members clients. When its sorted post the fix and thats FREE advice from me but I cant watch over BAR 24/7. At some point you need the legal team looking at this stuff , I'm getting too old for this shite.
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Britannia Clockwork Perfect Group Gerson Atlas 100s more FFS all using these terms.
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This is constructive criticism so the industry can evolve and everyone stays protected.
Its regarding the law and the terms youre giving to movers. Yes contractually legal on the surface but I believe they are not litigation proof if a client takes a mover to court or a mover has to get rid of goods early.
(Specifically Clause 23) it does not align with the statutory safeguards in the Torts (Interference with Goods) Act 1977 (TIGA) when storage removal charges are unpaid.
See the black letter statute here:
Possibly like your older terms (2019) or:
23. If payment of Our charges relating to Your goods is in arrears and on giving You three months notice in writing sent by registered post or recorded delivery We are entitled to require You to remove Your goods from Our custody and pay all money due to Us.
If You fail to pay all outstanding amounts due to Us within the three month period specified in the notice We may sell or dispose of some or all of the goods without further notice...
WHY THIS?
Three months notice Directly satisfies TIGA Sch 1 para 6(3): when charges became due before the notice the period must be not less than three months.
Registered post or recorded delivery Exactly matches TIGA Sch 1 para 6(4) (the only acceptable service methods for the statutory power of sale).
The new Oct 2025 wording shortens it to 28 days notice and skips the proper service method. Thats the legal mismatch.
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This isn't nit picking or overly cautious lawyering. Its a clear clash between the model contract and a statute that has stood since 1977. Any removal company relying on the October 2025 Liability version for storage liens is taking an unnecessary and avoidable risk.
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BAR needs to:
1. Immediately withdraw reissue the October 2025 Liability terms (or at least Clause 23).
2. Advise all members who have already issued contracts based on it.
3. Revert to the compliant 2019 wording (or even better it if you can).
4. Get their legal team on record Post a quick update in the group: We've reviewed Marks flag Clause 23 does not match the Act. Were withdrawing it and advising reversion. Thanks for the catch. Shows youre not asleep at the wheel.
Lets get this sorted quickly ta!
#Removals #Storage #UKLaw #BAR #TortsAct1977 #LienEnforcement #MovingIndustry
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British Association of Removers and members terms Mishap!
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