A friend of mine was telling me sheordered oil about 1/4 tank full last year. It was delivered she signed and paid for it. About a month later the oil guy called looking for payment. It transpired a neighbour ordered 2 days later and they put the wrong house number on the docket. It was delivered when she was nt there so she did not sign and did nt pay. Now she is getting a bill monthly for this with interest added each month. Whats her rights if any here ?
Non payment of goods
- Thread starter Exclaim
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So is she sure the neighbour's oil is in her tank? I guess a first step might be to invite the oil company to remove the oil. She could also make a fuss under the Data Protection legislation by insisting that they correct the incorrect data they are holding.
I think the law would not be helpful to her, then, but I don't have specialist knowledge.
I try to deal with things on the basis of fairness. She got the oil. She used it. She should be willing to pay for it. I think the issue she can contest is having a delivery at an earlier date than she might have wanted, and the invoice date being correspondingly early. I think it would be fair if the supplier waived the interest (and, in the absence of her signature, they would probably find it unenforceable anyway).
There is a matter that could complicate things: how oil prices might have changed between the date of the delivery and the date she might otherwise have ordered oil.
I try to deal with things on the basis of fairness. She got the oil. She used it. She should be willing to pay for it. I think the issue she can contest is having a delivery at an earlier date than she might have wanted, and the invoice date being correspondingly early. I think it would be fair if the supplier waived the interest (and, in the absence of her signature, they would probably find it unenforceable anyway).
There is a matter that could complicate things: how oil prices might have changed between the date of the delivery and the date she might otherwise have ordered oil.
Hang on, am i reading these posts correctly 
Did the oil company come & put oil in your friends tank without her ordering it? And now they are looking for payment + interest?
And is your friend seriously considering paying for this oil? Even if it was delivered without her ordering it? Without a signature etc etc?
Personally, I'd call up the oil co, give them a piece of my mind, tell them to come & take a quantifable amount of oil back.
The law is very clear here, there was no contact between the two parties for the purchase of the oil, therefore they cannot legally pursue her for the amount outstanding.
Did the oil company come & put oil in your friends tank without her ordering it? And now they are looking for payment + interest?
And is your friend seriously considering paying for this oil? Even if it was delivered without her ordering it? Without a signature etc etc?
Personally, I'd call up the oil co, give them a piece of my mind, tell them to come & take a quantifable amount of oil back.
The law is very clear here, there was no contact between the two parties for the purchase of the oil, therefore they cannot legally pursue her for the amount outstanding.
Hi Thanks for this. As far as I know she used the oil not knowing the extra oil was in the tank until she got a knock on the door. The sit was she ordered 250 litres and got it and payed for it. Some time after that her neighbour ordered oil for her own tank. The oil was deliverd to my friend and not the neighbour. No Signed Proof of Delivery and the neighbour had to re order. The guy that called had the delivery docket, with wrong house number, and no signature. He claimed the driver was a foreign and had poor english. I say tough luck on the oil co here. What you think ?
Hi,
Yes, I'd personally tell them to come & take the oil, or maybe even send it in writing so you have a copy.
Doubt there's any way the oil company would bother sending anyone around, way too much hassle, and they might not even have a machine to calculate/ sifle the oil..
Yes, I'd personally tell them to come & take the oil, or maybe even send it in writing so you have a copy.
Doubt there's any way the oil company would bother sending anyone around, way too much hassle, and they might not even have a machine to calculate/ sifle the oil..
Certainly, if she wants to stand on the principle of the thing, she can ask them to come and take it back - but she need not be thinking that it will be impractical for them to do so.
It is almost as easy for the oil man to suck up the oil as it is to deliver it.