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  • FIRST POST
    • Tenapenny
    • By Tenapenny 4th Mar 17, 1:29 PM
    • 3Posts
    • 8Thanks
    Tenapenny
    Buyers trying to claim for new oil tank.
    • #1
    • 4th Mar 17, 1:29 PM
    Buyers trying to claim for new oil tank. 4th Mar 17 at 1:29 PM
    Hi everyone. I'm new to the forum's so apologies if I'm in the wrong place.
    My mum sold her house last month. Today she called me in tears. She has had a letter from her solicitor demanding payment of £2000 for a new oil tank. The people who brought her house have apparently gone to order oil and at the time of delivery the driver refused saying the inner skin if the oil tank had blown and that my mum would have been aware of it at the time if sale.

    We can't remember exactly how old the tank is but is definitely under 10 years old as mum had it replaced as the old one wasn't double skinned. She has had no problems with the heating and the boiler has been serviced every year. In fact the buyers demanded it was serviced prior to them purchasing. She had oil delivered last year with no problems. There was half a tank of oil left when she moved out.

    As you cannot see in the tank I have no idea why the driver apparently would say this.

    Also the letter hasn't given any evidence in writing only the buyers word.

    Mum is elderly and very upset as the letter mentions taking her to court if she doesn't pay. She left the paperwork for the oil tank with the new owners, so we can't say exactly when the tank was put it.

    Incidentally in mums new house the boiler was broken and she had pay for a new one.Her solicitor which is the same as her buyers but a different branch told her she had no hope of getting her money back. Yet they are writing demanding payment of my mum.

    Any advice would be much appreciated as mum is in bits and the solicitors isn't open till Monday.
Page 3
    • martindow
    • By martindow 11th Mar 17, 10:15 AM
    • 7,266 Posts
    • 4,053 Thanks
    martindow
    Interesting, industry standard is 110%.
    Originally posted by sparky130a
    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.
    • sparky130a
    • By sparky130a 11th Mar 17, 10:24 AM
    • 638 Posts
    • 776 Thanks
    sparky130a
    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.
    Originally posted by Freecall
    Agreed. But that doesn't make an HGV driver competent does it?

    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.
    Originally posted by martindow
    Maybe i misread. But my point stands.
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th Mar 17, 10:45 AM
    • 13,986 Posts
    • 37,975 Thanks
    moneyistooshorttomention
    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.
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • Freecall
    • By Freecall 11th Mar 17, 10:53 AM
    • 1,050 Posts
    • 952 Thanks
    Freecall
    Agreed. But that doesn't make an HGV driver competent does it?
    Originally posted by sparky130a
    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
    • By sparky130a 11th Mar 17, 12:05 PM
    • 638 Posts
    • 776 Thanks
    sparky130a
    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.
    Originally posted by Freecall
    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
    • By G_M 11th Mar 17, 1:33 PM
    • 41,978 Posts
    • 48,592 Thanks
    G_M
    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
    • By Freecall 11th Mar 17, 1:41 PM
    • 1,050 Posts
    • 952 Thanks
    Freecall
    And you believe that's the reality?
    Originally posted by sparky130a
    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
    • By Davesnave 11th Mar 17, 2:27 PM
    • 23,578 Posts
    • 89,440 Thanks
    Davesnave
    The EA can't even keep their own house in order ( Been rather a lot of flooding lately ) let alone regulate such as this. .
    Originally posted by sparky130a
    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.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • sparky130a
    • By sparky130a 11th Mar 17, 3:14 PM
    • 638 Posts
    • 776 Thanks
    sparky130a
    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.
    Originally posted by Freecall
    If only all those in the trade had your veracity.

    That aside, it still doesn't qualify one to assess said vessel.

    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.
    Originally posted by Davesnave
    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
    • By Davesnave 11th Mar 17, 6:03 PM
    • 23,578 Posts
    • 89,440 Thanks
    Davesnave
    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.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Maggies57
    • By Maggies57 13th Mar 17, 7:15 PM
    • 1 Posts
    • 0 Thanks
    Maggies57
    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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