Heating oil - do I have a binding contract?

Genghissian

I ordered heating oil online on Sunday 1 March and paid including a small premium for delivery by 10 March. I've checked my credit card and payment was taken that day. I had a delivery scheduled for Friday 6 March but it was "postponed" the day before and as yet has not been rescheduled. I strongly suspect it will be cancelled or at least that they will try to cancel and then charge more - the price has gone from £418 to £820 in that time.
What, if any, are my rights please?

Rogerrabbit

Exactly the same here. Ordered 26th February for delivery today 9th March. Email last night saying unable to deliver- will be in contact soon. Was the first time using this company, there wont be a second time

the_lunatic_is_in_my_head

You'd have to check the terms to see if they say when acceptance occurs, if nothing is mentioned then them taking payment is likely to be viewed as such.

They may delay acceptance until delivery, you could try arguing this is an unfair term as it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer, but you'd likely have a fight on your hands.

user1977

If there's no acceptance then there isn't a contract.

If there is already a contract, the only way it wouldn't be unfair would be if the customer also had a right to cancel before delivery.

Genghissian

There is no mention of accpetance but their website does say:

3.3 If between the date of the contract and the completion of the contract, increases occur in these costs, the contract price may be amended accordingly. Where there is an increase in costs, the Company shall inform the customer of the revised price accordingly and the customer may elect to cancel the contract.

So I think we're stuffed as I'm guessing completion means delivery and not us paying them. A case of "not worth the paper its written on".

user1977

A fairer term would also allow the customer to cancel the contract if the price falls…

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81915383#Comment_81915383

That term could be tested for fairness under the CRA Grey List:

https://www.legislation.gov.uk/ukpga/2015/15/schedule/2

A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.

Given CMA guidance it's likely to be deemed unfair as it fails to meet this:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

Any purely discretionary right to set or vary a price after the consumer has
become bound to pay is obviously objectionable. Paragraph 14 of the Grey
List particularly highlights the potential unfairness of terms which have the
effect of leaving the trader free to calculate or determine the price so that
the consumer cannot work out in advance of entering the contract how
much they will have to pay under it.
5.23.3 Any term which can be relied on as a basis for varying the price should set
out clearly the circumstances in which a variation may occur, and the
method of calculating the price variation, so that the consumer can foresee,
on the basis of clear, intelligible criteria, the alterations that may be made
106
and evaluate the practical implications for them.110 Similarly a price
determination clause should clearly set out the information to enable the
consumer to foresee what price will be payable depending on the
circumstances.

MSE_ForumTeam5

We've moved this across to the part of the forum that deals with heating oil. We'd also like to flag up this request from Martin for feedback on what's happening in this area:

https://forums.moneysavingexpert.com/discussion/6658834/martin-lewis-heating-oil-lpg-price-hikes-are-firms-playing-fair-we-need-your-feedback

Ectophile

https://forums.moneysavingexpert.com/discussion/comment/81915558#Comment_81915558

I am not sure how any of that applies if the customer is free to cancel the contract if they don't like the price rise.

Fedupmother

I ordered a delivery of heating oil on 17th February, after some delay I contacted the company on 1st March and it was delivered on 4th March. No mention was made in my conversation with the company on the 1st of any price adjustment. Payment was taken from my credit card on 17th February the day it was ordered but today I have received a letter from the company telling me they intend to contact me to adjust the price of the order due to the conflict in the MiddleEast. It’s an unsigned letter, very much like a circular letter, but dated 3rd March. It’s the first time I’ve used this company- it’ll be the last. What are my rights?

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/81917326#Comment_81917326

I'd be asking how much of a discount they going to refund me.