Would you pay for oil you hadn't asked for?

[JoceAndChris]

In February 900 litres appeared in our tank. After a deluded few weeks of thinking it was a particularly nice gift from an anonymous admirer I finally realised we had a mistaken delivery of Mr Young's oil, and he didn't have any.

He refused to pay, of course, and we weren't billed. Then yesterday 2 rather glamorous ladies turned up and said we would either have to pay 30p per litre or they would arrange to suction it out. We still have no paperwork or receipt. Chris thinks the suctioning out is an empty threat as you can't sell oil when it has been stored in a tank with many inches of sludge at the bottom. Is he right?

Mr Young thinks it's a disgrace and we should drive the price right down.

Has anyone had any similar battles?

 

[Schoolmarm]

How can they prove that they put any oil in your tank? They clearly cannot charge nor take it back.

 

[skier-hughes]

How can they prove that they put any oil in your tank? They clearly cannot charge nor take it back.

In February 900 litres appeared in our tank. After a deluded few weeks of thinking it was a particularly nice gift from an anonymous admirer I finally realised we had a mistaken delivery of Mr Young's oil, and he didn't have any.

Quite easy really.

I think you'll find that it doesn't bleong to you and at 30p per litre it seems quite cheap, so I'd opt for paying.

 

[JoceAndChris]

Thanks Schoolmarm and Skier-Hughes.

Chris agrees with you Schoolmarm, he wants to get a solicitor and have a big storm in an oil can over this.

I don't particularly want to fall out with the company over this but on the other hand we do not have a spare £270 at the moment.

If 30p per litre is cheap then I think they should charge us 25p per litre and be prepared to spread it over 10 months with no interest.

I'll let you know how it's resolved.

 

[MattW]

Personally I would say to them that weren't looking ot purchase Oil and that you can't afford to at this time anyhow and that if they wish to come and remove it they are welcome to. As you say, they can't resell the oil and hence will actually incur a sizeable disposal charge (you can't just pour this down the drains). However if they wish to leave it in your tank, you'll agree to pay for it when you were intending to reorder in N months time. That way your cashflow isn't affected by their mistake and they eventually get paid for something that you are going to use in time.

 

[Gareth Hughes]

If someone delivered something to me that I hadn't ordered, I'd expect them to take it away again at their own expense and at a time to suit me. It's their mistake, not Joce's. If the firm opt to leave it (because it now has no resale value, due to their mistake in delivering it in the first place, and would cost them to dispose of) then it should be accepted by Joce only as a free gift, with written confirmation from the company that this is the case, and that no further action will be taken.

 

[bower1]

I wouldn't "cut of your nose to spite your face". They probably can remove it, and will only be liable for any costs to you if any damage is done (i.e. they had ruined your oil - unlikely I think).

You could opt for the pay next year option, and go for a low price. Also, get them to agee that if by the time next year when you would have needed it the price has dropped below what you agreed, that you pay that lower price.

As you say, its their mistake, but they may just remove the oil even if they can't re-use it officially. Someone who works there might take it!

I wouldn't even consider legal route. What will you gain? They almost certainly can get their oil back if they want to, and you could have got some cheap oil.

 

[JoceAndChris]

it should be accepted by Joce only as a free gift

Thanks for pouring oil on troubled waters Gareth! Chris is going to love reading that too.

Stuff the incompetent buffoons...we'll call their bluff and say they're welcome to suction it out. Bet they don't. Especially as there is the small matter of a locked gate at the end of the track...

 

[FamilyWiggs]

I have to say I agree with MattW above.

This is not your oil, and you know it isn't. That someone has made a genuine mistake,is no reason to try and capitalise on it. In effect you're trying to stiff them - and we all know how you (or any of us) would complain if a tradesperson you had engaged tried to stiff you.

I don't see that you have incurred any loss or damage here, so what possible justification is there to try and get one over on the company?

You reap what you sow in this life - in actions and in relationships.

The moral and honourable thing to do is to take Matt's line - offer to pay for it at the time you would have ordered in the future - at the prevailing cost then or the cost now (whichever is the lower). I f the company is similarly decent, they will send you a nice bunch of flowers for the inconvenience caused.

</self-righteous sermon>

 

[JoceAndChris]

Oh god, now I feel awful.

 

[Flyfisher]

I agree with FamilyWiggs. It sounds like an honest mistake to me and it's hardly fair to profit from it. The poor delivery driver may even have to pay for the oil from his own salary. I think MattW's suggestion is eminently reasonable under the circumstances, given you'll need to buy more oil sometime in the future anyway.

Actually, I'd be surprised if they bothered to make a special journey to remove just £270 of oil that may not be suitable for re-sale. So, it's really just between you and your conscience.

 

[JoceAndChris]

The poor delivery driver may even have to pay... So, it's really just between you and your conscience.

Wake up conscience wake up! I think something long ago forgotten might be stirring...

Can I just point out the "delivery driver" was a little 17 year old witch with red hair down to her waist; she looked like she didn't care a jot. She came along with her mummy who was dripping in gold jewellery and lacy ruffles. They didn't immediately engage my sympathy.

But you are right I'm sure, and we are cynical folk from London who aren't used to these endearing country ways.

 

[Gareth Hughes]

The poor delivery driver may even have to pay... So, it's really just between you and your conscience.

Wake up conscience wake up! I think something long ago forgotten might be stirring...

Can I just point out the "delivery driver" was a little 17 year old witch with red hair down to her waist; she looked like she didn't care a jot. She came along with her mummy who was dripping in gold jewellery and lacy ruffles. They didn't immediately engage my sympathy.

But you are right I'm sure, and we are cynical folk from London who aren't used to these endearing country ways.

Um... backtracking slightly from what I said before, who unlocked the gate for them?

 

[Cloudscape]

The little devil on one shoulder says: Get 'em for trespassing! Sue them for dumping fuel on your property! Charge them storage for the oil!

The angel on the other shoulder says: Pay for the oil but see if any negotiation is possible regarding the amount, or the time to pay.

a little 17 year old witch with red hair down to her waist; she looked like she didn't care a jot. She came along with her mummy who was dripping in gold jewellery and lacy ruffles

I always cringe a little when people make personal remarks on the 'net. I can see Mrs Lacy-Ruffles now, typing away at Google, trying to find a precedent for mis-delivered oil, and reading what you said. :shock: :lol:

At the very least, it wouldn't help negotiations. :|

 

[FamilyWiggs]

Joce,

You start the theread by saying:

In February 900 litres appeared in our tank. After a deluded few weeks of thinking it was a particularly nice gift from an anonymous admirer I finally realised we had a mistaken delivery of Mr Young's oil, and he didn't have any.

Later on you say the gate is locked.

Later still you say:

Can I just point out the "delivery driver" was a little 17 year old witch with red hair down to her waist; she looked like she didn't care a jot. She came along with her mummy who was dripping in gold jewellery and lacy ruffles. They didn't immediately engage my sympathy.

Something doesn't compute here. If the oil just "appeared", how do you know it is exactly 900 litres, how did it get past the locked gate, and how did you get such an accurate description of the delivery driver's age, mystical prowess, hair colour and general demeanour - not to say an appreciation of the sartorial elegance of her mother?

If the oil just "appeared" as if by magic (no doubt the only way a witch could deliver oil), how could they have engaged your sympathy?

At what point in this now rather detailed process of oil "appearing" did you think of pointing out to the "17 year old witch" that you didn't recall having ordered any of her oil?

:?: :?: :?:

As for personal comments about the driver and her family - I'm sorry to say but as far as I can see all they have done to incur your wrath and critical judgement is to have mistakenly delivered to you some oil that is not yours, but which you are trying to keep without paying for. I'd love to see what their comments are about you on RuralOilTankerDriver.com's forum. I'm sure their perspective on you having engaged their sympathy might be somewhat different.

Sorry to keep on moaning, but you should just pay for the oil.

 

[skier-hughes]

Joce,

You start the theread by saying:

In February 900 litres appeared in our tank. After a deluded few weeks of thinking it was a particularly nice gift from an anonymous admirer I finally realised we had a mistaken delivery of Mr Young's oil, and he didn't have any.

Later on you say the gate is locked.

Later still you say:

Can I just point out the "delivery driver" was a little 17 year old witch with red hair down to her waist; she looked like she didn't care a jot. She came along with her mummy who was dripping in gold jewellery and lacy ruffles. They didn't immediately engage my sympathy.

Something doesn't compute here. If the oil just "appeared", how do you know it is exactly 900 litres, how did it get past the locked gate, and how did you get such an accurate description of the delivery driver's age, mystical prowess, hair colour and general demeanour - not to say an appreciation of the sartorial elegance of her mother?

If the oil just "appeared" as if by magic (no doubt the only way a witch could deliver oil), how could they have engaged your sympathy?

At what point in this now rather detailed process of oil "appearing" did you think of pointing out to the "17 year old witch" that you didn't recall having ordered any of her oil?

:?: :?: :?:

As for personal comments about the driver and her family - I'm sorry to say but as far as I can see all they have done to incur your wrath and critical judgement is to have mistakenly delivered to you some oil that is not yours, but which you are trying to keep without paying for. I'd love to see what their comments are about you on RuralOilTankerDriver.com's forum. I'm sure their perspective on you having engaged their sympathy might be somewhat different.

Sorry to keep on moaning, but you should just pay for the oil.

I agree, running down your comments makes it appear you were there when they delivered, so could quite easily have stopped them.

 

[Schoolmarm]

I don't think 17 year olds can drive oil tankers.

 

[JoceAndChris]

Goodness me! I wish I'd never started this thread. I am actually really touched that you all stayed up late to worry about this oil conundrum whilst I went to bed.

I'm sorry that in attempt at brevity I have confused the pants of you with this tale.

This is the order of events if you really can be bothered to read it.

The gate is sometimes locked, and sometimes unlocked. We spend our lives driving up and down that track torn between wanting to let the delivery drivers have easy access and worried about all the ne'er do wells who come up to this lonely spot to make mischief. Very high on the list of thing to do is to get a combination lock and tell the companies to ring for the number, and give it to the police, e.t.c. On this occasion of the delivery the gate was unlocked and I was either out or asleep, I usually sleep until 10 or 11. I DID NOT KNOW ABOUT THE DELIVERY. Nor was any paperwork pushed through the door. Then, I assume several days later, I noticed the fill level on the tank was right at the top. First I panicked that the snow melt had somehow found its way in there and when everything was working normally I really thought it was a kind gift as we both have birthdays in Feb and it's just the sort of thing my mother in law would do. She was away on holiday at the time so I was left just wondering.

Eventually Mr Young rang me and explained he had been billed for the 900 litres he had ordered but not received, and that the company had finally found his house and from their description of where they really had delivered it he knew it had come to us. (that's where the figure comes from)

Then, 6 weeks later, the knock on my door and the glamorous ladies (I too thought the younger one looked unbelievably young to be delivering oil, but she said she'd put in in the tank. I don't know that she was 17, she looked like a teenager though). I admitted straight away that I knew we'd had this mistaken delivery but that as we had no paperwork we had done nothing about it. Then I said I'd have to ask Chris to sort it out and they left.

I'm sorry that after a bottle of wine last night I descended to griping comments about Mrs Lacy-Ruffles and red-hair witch.

And we'll do the right thing and pay for it when we can.

I wouldn't use this company again though with their cavalier attitude towards country tracks and random tanks!

 

[AMc]

Having sat in a freezing house with no hot water for a week when I ran out of oil I would capitalise on the opportunity to get a good relationship with the company and your local driver so you get prompt deliveries and good rates.

My guess would be the driver is being asked to pay for the mistake and is now trying to rectify the problem on her own time. Putting 900 litres in the wrong tank is not as bad as refusing to put 900 litres into the right tank because the house isn't clearly signed and there was no one in to ask. If you've ever tried doing delivery work then you might have more sympathy. I live on a street with a weird numbering system, only about 1/4 of the houses have any signs at all and there is usually no one in all day. As I work from home I often help drivers to find houses and take in packages.

If it were me I would contact the oil company directly and speak with the managing director.
I had an issue with our oil company over a misinvoiced service & delivery. When I eventually got through to the manager he was apologetic, resolved the bill and gave me a discount on the next order.

If you're pragmatic with the company you should be able to get the oil at cost price + duty over a period you can afford and a good rate and good service on your next delivery.

 

[JoceAndChris]

If you've ever tried doing delivery work then you might have more sympathy.

Thank you for your thoughts AMc. I have already been sorely chastised on this topic. (my God I bet Family Wiggs' children are beautifully behaved)

I will say ten more Hail Marys for not thinking of the trials and tribulations of being a delivery driver enough.

And I will try hard to build better relationships with my potential suppliers and to be a kinder and more honest person.