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Buyers trying to claim for new oil tank.

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Comments

  • sparky130a
    sparky130a Posts: 660 Forumite
    Freecall wrote: »
    1st March 2002

    The Control of Pollution (Oil Storage) (England) Regulations 2001

    A person who has 'custody' of the oil is responsible for ensuring that containers in which it is held comply with the regulations.

    This certainly applies to the oil supply companies just as much (if not more so) than end users.

    Agreed. But that doesn't make an HGV driver competent does it?
    martindow wrote: »
    I assume from the post you were commenting on, that the bunded replacement tank is twice the size of the one it was replacing, rather than the bund having 200% capacity.

    Maybe i misread. But my point stands.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    I think I've seen info somewhere that oil tank drivers are responsible if they notice any oil leaking.

    I know that my current house had an oil tank in the garden when I bought it and there were certainly regulations about safe removal of it - to ensure that no oil leaked into the ground. I was restricted in my choice of firms I could use to modernise the central heating (ie it now runs off gas) in order to ensure that I had one that was able to match the regulations about careful removal of it. Obviously, I was also concerned personally about that - as I'd decided to grow food in the garden in whatever house I ended up buying.
  • Freecall
    Freecall Posts: 1,306 Forumite
    First Anniversary Combo Breaker First Post
    sparky130a wrote: »
    Agreed. But that doesn't make an HGV driver competent does it?

    The regulation puts a responsibility on their employer to make sure that they are qualified.

    Periodic inspections by the Environment Agency check the training records of the drivers to make sure that they have the relevant qualification and that it is up to date.

    The agency has the power to withdraw the operator's licence for non-compliance and in serious cases bring a prosecution in the Magistrates Court.
  • sparky130a
    sparky130a Posts: 660 Forumite
    Freecall wrote: »
    The regulation puts a responsibility on their employer to make sure that they are qualified.

    Periodic inspections by the Environment Agency check the training records of the drivers to make sure that they have the relevant qualification and that it is up to date.

    The agency has the power to withdraw the operator's licence for non-compliance and in serious cases bring a prosecution in the Magistrates Court.

    And you believe that's the reality?

    Because i'm telling you it's not. The EA can't even keep their own house in order ( Been rather a lot of flooding lately ) let alone regulate such as this.

    I'm not saying you're inaccurate, quite the opposite. But it's a fallacy to think this is happening. It's not.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    There are incompetant (and even fraudulant) people in every walk of life. Whether that is more true of tanker drivers than elsewhere is beside the point.

    The law requires that they are trained. And the law requires that they refuse to fill a tank that they judge (rightly or wrongy) to be unsafe. That seems to be what has happened here.

    As the new owner, I would either order oil from a different company and see if the next driver is willing to deliver and/or get my tank inspected to verify the original driver's assessment of the tank. (and/or inspect it myself!).

    But none of that is relevant to the issue here: assuming there IS an issue with the tank, does the OP as seller have a liability to the buyer?

    No - for all the reasons already discussed.
  • Freecall
    Freecall Posts: 1,306 Forumite
    First Anniversary Combo Breaker First Post
    sparky130a wrote: »
    And you believe that's the reality?

    Can't speak for others but if I were a tanker driver, I would take my job seriously and try to live up to my legal responsibilities.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    sparky130a wrote: »
    The EA can't even keep their own house in order ( Been rather a lot of flooding lately ) let alone regulate such as this. .
    People will find that they suddenly become extremely efficient if there's any kind of leak involving harmful effluent, though. This is something most commercial organisations with an interest know and take good account of.
  • sparky130a
    sparky130a Posts: 660 Forumite
    Freecall wrote: »
    Can't speak for others but if I were a tanker driver, I would take my job seriously and try to live up to my legal responsibilities.

    If only all those in the trade had your veracity.

    That aside, it still doesn't qualify one to assess said vessel.
    Davesnave wrote: »
    People will find that they suddenly become extremely efficient if there's any kind of leak involving harmful effluent, though. This is something most commercial organisations with an interest know and take good account of.

    Do they? Because my anecdotal evidence would prove quite the opposite. Granted if an operator licence is at stake they'll play the game.

    Failing that, no chance.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    My anecdotal evidence is that I had to get approval from his boss before the tanker driver would fill my not-yet-connected new tank, despite the heating guys having made it safe by wiring the valve shut and blanking-off the pipe.

    I can't say what others would have done.
  • Maggies57
    Maggies57 Posts: 4 Newbie
    First Post First Anniversary
    When you get your boiler serviced, the technician also comments on the tank condition as part of the servicing process, and yes, they do look into any irregularities during conveyancing - or should do. If the most recent boiler service revealed no problem then it would be hard to prove surely?
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