No doubt they're buying expensive road diesel and passing it off as cheaper heating fuel....I mean who ever heard of fuel businesses with operations in Armagh and Monaghan being involved in anything shady, right?
I mean who ever heard of fuel businesses with operations in Armagh and Monaghan being involved in anything shady, right?
Maybe this was all an innocent mistake. If it was the firm should pay to have the fuel mix tested as a starting point.
@TillyD - invest in a cap with a lock on it. If someone can put fuel in without your knowledge they can take it out too!
Their letter doesn't appear very professional, it would be interesting to see the full thing. This is what the Sales of Goods Act actually has to say about "unsolicited goods."Thank you for the interesting replies
We have never expected something for nothing only good manners! The attached imagine is the opening line of a registered letter sent to us... not I am writing to apologise etc. This company could have had the courtesy to call to our house on the evening/week it happened. They never tried to contact us. Only this letter. We rang them the day after it happened and they were rude to us so my husband hung up in them.
The letter doesn't even mention paying in full only installments or take back 500ltrs, which we honestly can't say how much they put in. If they handled the situation a little more professional we might not be second guessing any of this.
| 47.—(1) Where— | ||
| (a) unsolicited goods are sent to a person with a view to his acquiring them and are received by him, and | ||
| (b) the recipient has neither agreed to acquire nor agreed to return them, | ||
| and either— | ||
| (i) during the period of six months following the date of receipt of the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so, or | ||
| (ii) not less than 30 days before the expiration of that period the recipient gave notice to the sender and during the following 30 days the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so, | ||
| then the recipient may treat the goods as if they were an unconditional gift to him and any right of the sender to the goods shall be extinguished. | ||
| (2) The notice referred to in subsection (1) shall be in writing and shall state— | ||
| (a) the recipient's name and address and the address at which the sender may take possession of the goods (if not the same) and | ||
| (b) that the goods are unsolicited. | ||
| (3) A person who, not having reasonable cause to believe there is a right to payment, in the course of any business, makes a demand for payment, or asserts a present or prospective right to payment for what he knows are unsolicited goods sent to another person with a view to his acquiring them, shall be guilty of an offence. | ||
| (4) A person who, not having reasonable cause to believe there is a right to payment in the course of any business and with a view to obtaining any payment for what he knows or ought to know are unsolicited goods— | ||
| (a) threatens to bring any legal proceedings, | ||
| (b) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so, or | ||
| (c) invokes or causes to be invoked any other collection procedure or threatens to do so, | ||
| shall be guilty of an offence. | ||
| (5) In this section— | ||
| “acquire” includes hire, | ||
| “send” includes deliver, | ||
| “sender” includes any person on whose behalf or with whose consent the goods are sent and any other person claiming through or under the sender or any such person, | ||
| “unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request by him or on his behalf. |
Remember we just have an abridged version of one side of the story.The oil company lost its credibility and legal standing once it sent a letter stating that the law allows them to effectively trespass on the OP’s property to get the oil back! Any reputable company would not do this. If it was a mistake, the company should be big and bold enough to absorb the loss (its only a few hundred quid - I’ve lost more on a night out!). Or if it feels really strongly about it, dock the driver’s wages for delivering to the wrong address.
"would suspect" and "entitled"? Big difference.but I would suspect that they would be entitled to do so.
The only people who are entitled to access any property are the property owners themselves. Or some enforcement arm of the State (eg Gardai, Sheriffs etc in certain circumstances).The question of accessing the property to reclaim their goods is probably for someone with more expertise, but I would suspect that they would be entitled to do so.
Plenty of people can access a property legally once they have reasonable excuse to enter As in the grounds not the physical house.The only people who are entitled to access any property are the property owners themselves. Or some enforcement arm of the State (eg Gardai, Sheriffs etc in certain circumstances).
There is no absolutely no question of a private entity being legally permitted to enter into the property of a private individual to remove mistakenly delivered oil from a tank!
You can take my word for it, they have absolutely no grounds to enter the house for the purpose of removing the oil from the tank.Plenty of people can access a property legally once they have reasonable excuse to enter As in the grounds not the physical house.
Post and parcel delivery services to start with. Meter readers. Neighbour's contractors if it's an emergency and requires access via your property.
As I said above, someone with legal knowledge is better placed to give the legal standing, but I would think that they would have an entitlement to enter the grounds to retrieve their property.
Happens a lot more often than you think. And there are numerous companies that operate both sides of the border from small distributors to very large ones. Maxol would be a big one, Morgan fuels a mid size and a plethora of small ones. 40km distance is "local" in rural terms. My oil comes from over 25km away. (Naas oil to outside Kildare town)My final thoughts on this for the OP.
I believe this set up is a scam.
Get your tank dipped, tested and locked.
Do not engage any further with the company.
Can you give a link to this?You can take my word for it, they have absolutely no grounds to enter the house for the purpose of removing the oil from the tank.
You’ve been given one.if someone could give a legal opinion
This is very reassuring, thank you. We now know the oil was meant for someone in the community, which is also reassuring.As for mixed fuel - it is all the same. No "brand" has a different fuel to another. It all comes from one of 3 refineries and the distributors simply get the next lot that comes out.
I’d say they’re in on the scam as well.We now know the oil was meant for someone in the community
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