Advice needed - heating oil company topped up my tank in error

theyiddo

Bit of a strange one here!

A heating oil company randomly topped up my oil tank a little while ago even though we had not ordered with them. The delivery note they left had someone else's name and a phone number not belonging to me or the person mentioned on the order (we called the number to find out of they'd ordered the oil - the person hadn't!).

We called the oil company to explain what had happened and they then asked us to pay for the oil - obviously we are not inclined to as we didn't order from them and its their mistake, so we suggested they come and get it, but for them to have a think about it. We'd not heard back from them for a few weeks, and thought they'd written it off, but all of a sudden got an invoice from them in our name.

Any suggestions on what to do next, as there is no way we'll be paying them?

Greenfires

You've not ordered anything and you've offered to give it back. I wouldn't think they'd have a leg to stand on if they tried to force you into paying for it.

theyiddo

I'm intrigued if they do decide to come and siphon off the oil they put in our tank. Maybe I should tell them I'm considering taking action for their trespass and for polluting our oil tank with their product!

tonerm

The bottom line is it will cost them money to remove it so why not find out whats the best price you can and offer to buy it for, say, £50 less than that. They save money. You save money.

The alternative is they will come around and remove it and you don't benefit.

Marktheshark

Ignore the invoice, the law is on your side, you have requested they collect the unsolicited goods and they have rejected that offer.
You now own the goods if they refuse the offer to collect them.
Unsolicited Goods and Services Act 1971

J_B

Write back confirming your inability and/or unwillingness to pay and asking what their resolution will be.

Marktheshark

The "Resolution" I have posted, the law.
You either have to :
Keep the goods safe (6 months)
OR
Contact the company and demand they collect the unsolicited goods.
If six months elapses without you contacting the firm which is optional.
Or
If they refuse to collect the goods, when demanded to do so.
The person who has the unsolicited goods now owns the goods.

They can not "invoice" for them.
This is known as "agressive selling" and is illegal.

dogshome

This supplier has screwed up badly and does not want to pay for their error.
As already posted they have no rights, but you do and as you use oil you may just as well take advantage of the situation

Customers who opt for a 'Top-up' service from a supplier, often pay a premium price for every litre delivered - You have an invoice, so check the litre cost against what local suppliers would charge for a single delivery of your usual order quantity.
Then armed with the best price from those quotes, offer the supplier that price, less 7pence a litre

PasturesNew

I'd be tempted to offer them "half price" as full/final offer. The trouble is it's there and mixed up with what you had, so they can't really take theirs back as it'll be "contaminated" by what you've got in there (which they don't really know).... they can't do anything with it, you didn't order it.

Somebody has to back down. You can't "keep it safe" as [a] it's mixed with your old oil and you'll be needing to use oil in your system.

It's their mistake ..... the oil is now worthless to them .... you'd have had to have ordered oil at some future point (but not now and probably can't afford it) ....

I'd be happy with a "pay half and leave it at that" arrangement.

The issue is getting to that point.

reeac

Sounds like a juicy one for lawyers on both sides given the attitudes displayed so far. They'll bankrupt you given the opportunity.

POPPYOSCAR

They are trying it on.


Where did they get your address from? have you ordered from them in the past?