Advice please

Freefromdebt_2

I'm hoping you can help me. Basically an oil company delivered oil to my home in error. I never ordered the oil with them as I use another company. They have admitted that they delivered it to my address in error but have now sent me a final demand for payment and that if I don't pay in 7 days they will take me to court. HELP please ! I really don't know what to do.

leftieM

http://www.adviceguide.org.uk/england/consumer_e/consumer_energy_and_water_supply_e/consumer_energy_supply_e/consumer_domestic_heating_oil_e/problems_with_your_heating_oil_delivery.htm

Ring CAB.

From what I've read, if the oil company refused to remove the oil although you told them that you didn't want it then I think you have a case for non-payment.
If you accepted the oil in any way (including not insisting that they remove it) once it was delivered then you are liable for payment. You don't have the right to keep it for free even though it was their mistake.
It may be worth ringing them and coming to some arrangement where you get it at a good price. It'll cost them to take you to court.
If you go to court make sure you have evidence that you asked them to remove it and they did not do this.

C_Mababejive

Send them an invoice for storage. Do not pay them a penny.

BigAl94

You have two options

1. The oil company removes the oil they delivered (there is no contract between you so this is clearly a solution)
2. You pay for the oil.

The oil company will not want to do the former due the cost so that puts you in a position to negotiate a discount on the price which would have been better done at the time rather than leaving it until receiving a 7 day letter - still give it a go I would say about 20% reduction would be realistic. If they refuse, tell them to remove the oil, they will have to prove exactly how much they delivered.

As no contract exists, you can't be forced to pay for something you didn't order but they have the right to its return.

ballyblack

call their bluff

Ignore them

They will not take you to court in these circumstances

Freefromdebt_2

The value of the oil was approximately £160. They have said they are willing to give it to me for £145........a big discount......I think not! My issue is I'd ordered oil from another company shortly before they said they delivered to me......how do I know for sure they did deliver oil to me even if by accident ? I have purchased a padlock for my garden gate to ensure this does not happen again.
And for them to send a final notice giving me 7 days to pay .....don't get me started.....they had also put a note on file saying I'd spoken to their office about this.....I must be suffering from memory loss......

Cooper18

Continue to tell them to take the oil back. Realistically the cost to them of doing this means they won't. They will have to negotiate a better price with you. This isn't a huge amount of money for them to lose - don't sweat about it, their court talk is total BS.

tommie

Can they really get the oil back anyhow? Haven`t you been using away at it?
Offer them a £100, if they refuse tell them they will receive a storage invoice in the post.... solicitors notified etc etc...

don`t let them order you, the balls at your foot here.

Cooper18

Unless his tank was empty when this unsolicited delivery arrived then no, he's been using his own oil. Let them prove otherwise!

NAR

OP did they leave a delivery note? If not what proof have they made a delivery to you? How do you, or they, know exactly what the delivery was (in litres)?

Freefromdebt_2

After speaking to them at length yesterday evening their senior credit controller told me that they have a copy of an unsigned delivery docket and notes on the file stating that I have spoken to them ! I really do not know what to do. They have admitted that it was deliverd to me in error.