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lpg delivered by mistake!!!

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  • Thanks for all your replies it has certainly given me some thought and some ammunition if required!

    My gf is sure that he said he put 392 litres in, tbh I don't even know how much that is, or if it would be easy to hide? Either way I guess he is unable to prove to me how much he has put in as I had no reciept at the time (could be doctored!). So, I presume I'd have good grounds to refuse payment. The company as I understand was flogas, again I've never had any dealings with them so am unsure what they (or their employees) are like.

    I guess it's a waiting game now... I am really grateful for all of your assistance, I'll keep popping back and definately give you any updates as and when (if - hopefully) I get them..
  • HateLPG
    HateLPG Posts: 464 Forumite
    Part of the Furniture Combo Breaker
    First and foremost, find out which supplier actually owns the tank. If it is a supplier other than Flogas, then make sure that you advise them in writing that an unauthorised delivery has been made to the tank by another supplier, and give them as much detail as you can.

    Earlier in this thread, Cardew suggested that you might be able to "negotiate 50% off the price": in principle, a good starting point, but, 50% off what? As the company is Flogas, you would be VERY well advised to understand current market pricing and to stand your ground.

    At the moment, I would suggest that a "fair" (and I don't mean cheap) market price is probably somewhere between 45 and 50ppl;
    I would consider a "cheap" market price at present to be be anywhere sub 41ppl;

    The current wholesale price for December is a shade under 30ppl, so you couldn't reasonably expect to agree a price lower than that.

    Therefore, if you are going to take the "knock something off and I'll pay you, otherwise take it away" line, I would suggest that you should be aiming to agree a price of about 34-35ppl;

    However, Flogas are frequently quoted as being the most expensive supplier, with prices well in excess of 70ppl being quoted (and one occasion, a price of 79ppl was quoted). So, by Flogas' normal standards, 35ppl is a very heavily discounted price, which might make negotiations a little awkward, but don't forget, you're in this situation because they made a mistake, not you!

    I can see one further problem here: Unless Flogas can prove to your satisfaction and beyond reasonable doubt just how LPG much they actually added to the tank in error, how many of their litres of best LPG do you actually pay for at your negotiated price, or, if you are unable to negotiate a price, how much do you let them take back out?

    The bottom line is it's their mistake and whatever happens, it is my understanding they cannot legally leave you in a situation where you are worse off than before they made that mistake.

    Personally, I would be inclined to put a padlock on the tank before they try to "pop along and remove the LPG" whilst you are in the process of negotiation with them.

    Remember, until the LPG in question has been paid for or title transferred under some other agreement, that it remains the property of Flogas. If they point-blank refuse to agree a sensible price with you, put them on written legal notice that you are quite prepared to let them recover their LPG from the tank. But only on certain (reasonable) conditions. For example, the following approach seems "quite reasonable" to me, given the situation:

    That they may remove from the tank a quantity of LPG not exceeding the minimum quantity of LPG delivered, provided that:

    1. They can provide you with hard proof of the minimum amount that they put in by mistake - if they can't do that anyway, they really have no right to be taking anything out of the tank;
    2. They provide copies of current certificates of calibration for the metering equipment fitted to the tanker that made the erroneous delivery. If they can't do that, then they are quite simply not in a position to prove how much was actually delivered;
    3. When the tanker arrives to collect the LPG, that you want a representative of Weights and Measures or other qualified independent witness to be present (at Flogas cost), to verify the amount removed does not exceed the minimum amount added in error;
    4. Further, if the tank is not owned by Flogas, liaise with the tank owner, and ask whether they would require one of their engineers to be present to ensure that everything is done to their satisfaction and that any remedial work required is rectified immediately and at Flogas' cost. Of course, it would be up to them how they arrange this and whether or not they dictate an appointment time or charge to Flogas.
    5. They provide you with copies of certificates of calibration for the metering equipment fitted to the tanker that is recovering the LPG;
    6. They make reasonable compensation for any time that you may have to take off work to witness the process and to sign that it has been completed to your satisfaction - how much that is will be entirely dependent on your salary and how long the process would take;
    And so on and so forth. The bottom line, is make it as awkward, expensive and time consuming as possible for Flogas, without actually doing anything that any fair person would consider an unreasonable action to protect your own interests. With any luck, they will look at the situation and cut their losses. Aim for 34-35ppl and settle for 38ppl and you won't have come out of it too badly.

    Good Luck :)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 9 December 2011 at 10:34PM
    Cardew wrote: »
    It certainly wasn't meant to be scaremongering; and I am more than happy to be corrected if you are correct.

    .....Anyway as this is an important issue, if anyone can confirm that G-M is correct(or not) it will be of interest.

    I will also post this in the Debt Free Wannabe forum.
    As MrsTine points out on your other thread here, there is a difference between loans/credit agreements/utilities, and other payment defaults.

    There is also an explanation by Martin in the main site here.

    Credit records contain info from:

    * the electoral roll
    * searches by other agencies/companies
    * fraud data
    * court records (relevant here IF the OP fails to pay a legitimate bill and is then ordered to do so in court)
    * account data - Banks, building societies, utilities companies and other organisations but NOT shops, landlords, garages, travel companies etc .... or oil suppliers - all of whom would need to use the courts before affecting a credit record.

    It used to be that the distinction was between defaults/late payment on loans & credit credit agreements (which could be recorded) and unpaid bills, which required a court decision. This has expanded somewhat to include utility company defaults.

    If my post seemed brusque, apologies - I merely wished to ensure the OP was not misled into believing he should knuckle under and pay up by an erroneous post warning he risked credit blacklisting.

    We all make mistakes from time to time in our posts on this forum (I certainly have!), and correction by others is an important part of the process.
  • Cardew
    Cardew Posts: 29,061 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Rampant Recycler
    Thanks

    Point taken about an oil company 'debt'(alleged or actual) - I hadn't realised that they differed from utility companies and banks.

    So it would appear that the posts from people who have had their credit record affected by an unpaid Utility bill could be accurate.

    So OP tell Flogas to take a jump, and I am not going to pay the paper-boy tomorrow;)
  • HateLPG
    HateLPG Posts: 464 Forumite
    Part of the Furniture Combo Breaker
    Cardew wrote: »
    So OP tell Flogas to take a jump...

    Oh, I can so see the temptation! :)

    But one word of caution - as I pointed out earlier, until paid for or title has otherwise been transferred, the LPG technically still belongs to Flogas.

    However, on the plus side, until and unless Flogas can provide reasonable evididence of at least the minimum quantity in question, I suspect that they would find it very hard to take much in the way of legal action to recover it: without any such evidence, from a legal perspective their case is really not much stronger than that of TBomb's Girlfriend's word against that of their tanker driver.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.


    Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.
  • HateLPG
    HateLPG Posts: 464 Forumite
    Part of the Furniture Combo Breaker
    edited 10 December 2011 at 12:57AM
    G_M wrote: »
    Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

    Fair point - I'm thinking in the context of there having at least been some sort of legally binding supply agreement between TBomb and Flogas. So yes, provided this act applies to the likes of LPG (and I have a vague recollection of reading somewhere else that it does) you would probably be quite within your rights to hang on to the LPG.

    But don't start a fight you can't win - it would be helpful to find out which supplier actually owns the tank - if it is Flogas, it might complicate matters if you find yourself requiring LPG further down the line. And if the tank is owned by Flogas and there is no contract of any description whatsoever in place, they will, in all likelihood, have the right to come in, rip it out and take it away pretty much without so much as a "by your leave"

    If the tank is owned by a supplier other than Flogas, you will (based on what G_M posted) probably be on pretty safe ground just to tell Flogas to get lost (just remember never to sign with them in the future, or they will probably try to recover their perceived loss through even higher than normal pricing)
  • david29dpo
    david29dpo Posts: 3,937 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It "maybe" an idea to mention all this to the Landlord. I would ask him who owns the tank. You would need this information anyway to get it filled in the future, especially if its owned by a particular company.
    Tanks are very rarely owned outright by the house owner (I looked into it, not worth the bother) If it is owned by Flowgas and you are thinking of staying in the house for sometime, I would certainly ask the LL for permission to change suppler.
  • PaulF81
    PaulF81 Posts: 1,727 Forumite
    TBomb wrote: »
    Hi, I rarely post on websites but I really need some advice... Around six or seven months ago I moved into rented property with my girlfriend. As we had over 65% in tank I have not needed to refill so have set no contracts up.

    Yesterday a truck turned up and the driver started filling the tank. I was at work but my gf was at home and challenged him when he was in garden with the hose in the tank He did not really acknowledge her when asked what he was doing there, and instead made some other random comments about my dog he was not expecting to see here.

    After a short while it dawned on him that he was at the wrong address and stopped filling the tank. On his way out he said he'd have to go off and get a bill for the fill. Of course my gf told him that we were not going to pay for it, can't you take it back? Then he just walked away.

    I have not heard from them yet, but I can see this escalating...

    I would love to know my rights and what I can do, is it poss for them to take it back? Can I be charged for this? My gf did not sign anything and in fact they do not even know our names. When we moved in the rental agent assured us that we were able to have the suppliers of our choice so we are not binded to anyone.

    I'd love to tell them where to go and keep it for nothing of course as anyone would given how these energy companies are always so overpriced! However (I know it's christmas) but I'm not expecting them to roll over, I'm never that lucky

    Please any advice would be grateful

    Paul

    Do they have your signature for an existing contract? If not, you owe them squat. As the law stands, you wont have to pay a penny if you dont hold a contract with the firm.
  • Turning it onto its head... perhaps the tanker driver is bricking himself and will 'sweep' this under the carpet somehow....
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