I don't know what to do....

[FreshTressa]

If I'm not mistaken, the law deals with so-called "free samples" mailed to customers as a solicitation, NOT oil deliveries inadvertently made to the wrong house. you can look it up at the post office.

unless the company agrees to take less, you owe them the fair market value of the merchandise.

Again, I don't see how they can do this. It is like someone coming out and replacing your roof then saying you owed them for it or for someone coming to your house and filling up your car with gas, then saying you owed them for it.

It seems odd you should be obligated to pay for unsolicited merchandise.

I would pay half just for good karma, but would get it in writing.

Let us know what they say.

 

[ashlynn_j_m]

Like I've said, I talked to their daughter (they are on vacation) and she told me straight out, I'm NOT obligated to pay a cent of it.....I just think it will be weird if I tell them I'm not paying anything, yet I'm in their building 3 times a week...it would just feel weird to me....

 

[irishbosoxfan]

One thing no one has mentioned is actually checking to make sure that 1) You actually did get the oil and 2) You actually got the oil in the amount they say you did----The driver very well could have filled up his granny's tank 1/2 way and yours the other 1/2 and you foot the bill for the entire cost---Check to be sure!!!

If it was me I would look for the best deal out of it---Make sure your oil company isn't going to fry you for having the other companys oil in your tank(call from a payphone no chance of caller id) if not then offer to make monthly payments for a discounted amount (you after all did nothing wrong and it's not your problem) and you end up being ahead of your bills for this upcoming winter.

It may be aggravating now but cheaper for you in the long run!!!

And if YOUR oil company has a strict policy on the use of their tank then tell the other oil company they have no choice but to come remove it because you don't want to be penalized by your own oil company for someone elses mistake

 

[ashlynn_j_m]

I don't have a "regular" oil company, so I don't have to worry about that, and yes they did fill it, and i was just about empty, so everything is ligit on their part....

 

[beckmrk04]

Again, I don't see how they can do this. It is like someone coming out and replacing your roof then saying you owed them for it or for someone coming to your house and filling up your car with gas, then saying you owed them for it.

ITA! How many people would start taking advantage of this if they could? I can see it now... The neighbor cuts your grass, you think its a favor, and then he sends you a bill for $50 in labor charges. NO WAY.

I agree with the other people that said to offer 1/2 or let them come get the oil. I WOULD NOT under any circumstances pay full price for oil that I did not request! Tough luck! It's unfortunate for them, but if other people have done it and HAVE NOT paid, then I think it's sneaky of them to get you to try to pay for it.

 

[MorganLeFey]

If the daughter of the owner of the business is telling you that you don't have to pay...


send a letter confirming the conversation, so that you have proof she said it. that will protect your interests in case the parents don't agree.

this wasn't some plan to win you as a customer, it was an honest mistake.

 

[buckler]

I agree it wouldn't feel right to not pay anything. Afterall, you will use the heating oil next year. However, you should not pay the current price per gallon. It is possible prices on heating oil would go down during the summer months and you would have taken advantage of the price drop by filling your tank during the summer.

This site tracks heating oil prices in NH:
New Hampshire Energy Prices

If you wanted to be very fair to them you could offer to pay $1 per gallon now (looks like current rates are in the $2.38 range and I doubt it would go below $1 in the near future). Then when heating season starts you could take the lowest price per gallon that occurred during the summer based on the info on the tracking site and pay them the balance based on the lowest price per gallon.

This will make it take a while to close out the matter but you won't be out any more money than you would have spent filling your tank during the summer and they will lose less than you not paying at all.

If rates don't come down throughout the summer then come heating season you would just pay the remainder of the amount that they originally charged (less the payment you made now).

Basically you'll be guaranteed that you pay the absolute lowest rate to fill your tank between now and next year's heating season. They'll minimize their loss and you won't feel guilty that you stiffed them on the bill.

 

[golfgal]

If I'm not mistaken, the law deals with so-called "free samples" mailed to customers as a solicitation, NOT oil deliveries inadvertently made to the wrong house. you can look it up at the post office.

unless the company agrees to take less, you owe them the fair market value of the merchandise.

Actually it is a FEDERAL law and NO they don't owe anything. It was delivered without them ordering. It doesn't matter if it was a "free" sample or not. She is NOT obligated to pay, period.

Look at it this way, what if they delivered the oil on purpose and then told them it was a mistake trying to drum up some new business? Would you pay in that case? What if they have done this to 100 other people "by mistake". Sorry, the OP is NOT obligated to pay anything.

 

[golfgal]

http://www.ftc.gov/bcp/conline/pubs/alerts/directoryalrt.htm

Here is a link to the Consumer Protection Act and it very clearly states you are not responsible to pay for nor are you responsible to return merchandise you did not order, period.

 

[Disney1fan2002]

That's nothing! Last year or the year before in Philadelphia there were 2 or 3 times when an oil truck driver pulled up to the wrong house, hooked up his hose and pumped oil into the pipe. Only problem was the houses no longer had oil heat and the pipes went nowhere - well, they went somewhere - into the homes basements.

That just happened recently here also! Over 200 gallons of oil pumped into a basement. The woman and her kids had to live in a hotel for a few days while it got cleaned up, and I am sorry, but I don't think you can ever get rid of an oil smell. YUCK.

 

[Disney1fan2002]

Actually it is a FEDERAL law and NO they don't owe anything. It was delivered without them ordering. It doesn't matter if it was a "free" sample or not. She is NOT obligated to pay, period.

Look at it this way, what if they delivered the oil on purpose and then told them it was a mistake trying to drum up some new business? Would you pay in that case? What if they have done this to 100 other people "by mistake". Sorry, the OP is NOT obligated to pay anything.

OMG! What a scary thought! Like someone pointed out earlier, it would be very easy for an oil truck to pull up to any house, drag the hose, and fill the tank. OOPS, sorry, the driver mistakenly thought he was at 1 High St, you are 11 High St. You now have to pay us $300 for something you did not want.

What a racket that could be!

OP, I would NOT pay one penny toward this mistake of theirs. Do not even negogiate a price. Their mistake, they eat it. Maybe the company will now better train their drivers to make sure they are at the right address before pumping oil. Instead of trying to rush through their day.

 

[HoneyPooh]

Well, I've been in this position before. You are not legally obligated to pay a single cent. You did not order the oil and you are not liable to pay for it.

OTOH, as in my case, you have a connection to this family so you may feel a moral obligation. In my case the oil company was owned by my cousin. I ended up splitting the difference with him and paying half. He was very happy to get anything for his drivers mistake! It has not made any difference to our relationship because he is a serious business person and he knew beforehand that I was under no obligation to pay him anything.

I would speak with your friends mom and dad (not the office person) about the mistake. Explain to them that you are not comfortable paying full price for their drivers mistake but give them an alternative. If they are decent business people they will jump at a compromise.

Wait until they return from vacation and talk to them directly. They may not even know that the office called you and told you that you owe them anything. In my case, my cousin only knew I had been billed because I called him to ask what the bill was for since I didn't order any oil. Check with them first.

 

[MorganLeFey]

I am sorry, golfgal, but you are dead wrong.

the Consumer Protection Act DOES NOT APPLY TO MISDELIVERED GOODS.

Unless otherwise agreed, when unsolicited merchandise is delivered to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unsolicited merchandise is deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence that the merchandise has been misdelivered, or if the delivered merchandise is offered as a good faith substitution for merchandise previously solicited by the recipient.

unless the owner agreeds, in writing, that the OP owes nothing...I'd negotiate a compromise and pay something for the oil.