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To think we shouldn't have to pay for this?

(64 Posts)
Fazackerley Fri 22-Mar-19 23:13:26

We ordered 500 litres of oil to be delivered. Paid over the phone. The company delivered 900 litres by mistake. They are chasing us for payment for the extra 400 that we didn't order. They are a local company that we know well.

AIBU to refuse to pay, at least for now??

AnemoneAnenome Fri 22-Mar-19 23:16:14

Can't blame them for trying I guess!

Can they come and pump it back out again?

Fazackerley Fri 22-Mar-19 23:17:17

Apparently not!

Singlenotsingle Fri 22-Mar-19 23:18:36

Tell them you didn't order 900 litres. That wasn't in the contract, so they can come and collect their extra 400 litres. (If you don't allow them to collect it, you have, by performance, accepted it).

NuffSaidSam Fri 22-Mar-19 23:20:27

YANBU

It's not your fault they made a mistake and can't take it back.

If you were feeling generous and would have had that extra at some point anyway i.e. you're going to use it, you could offer to pay something. Particularly if they're a local company and are normally good/you'll need to work with them in the future.

FuriousCheekyFucker Fri 22-Mar-19 23:20:32

I'd call them and say you budget for 500 litres and it'll take 3 months or so for you to pay the rest? Perhaps offer to pay off 100 litres a month?

Their mistake but you've got the oil which you will eventually use. Is it worth the strife? Offer to pay, but on your terms.

AnalUnicorn Fri 22-Mar-19 23:20:49

@Singlenotsingle has it correct. Give them a reasonable opportunity to collect their over-delivery. If they choose not to, then it’s not your liability.

Rottencooking Fri 22-Mar-19 23:21:13

Of course yanbu. It's not what you ordered. What the hell 😂

Fazackerley Fri 22-Mar-19 23:22:44

I said I'd pay in 4 months which is when I'd normally expect to buy more oil. They've said they'll have to charge interest!! AIBU to think they are cfs?

Aquamarine1029 Fri 22-Mar-19 23:23:00

Unfortunately you ordered by phone. Did they send an email/mail you a confirmation or a receipt? If not, it's your word against theirs.

Fazackerley Fri 22-Mar-19 23:23:46

They said they can't take it back as they can't measure how much they are taking.

Fazackerley Fri 22-Mar-19 23:24:33

No, they have a record of the order and have confirmed we only ordered 500l

radishingravish Fri 22-Mar-19 23:24:36

They said they can't take it back as they can't measure how much they are taking.

Can they take it all back and then measure 500 back again?

AnemoneAnenome Fri 22-Mar-19 23:24:47

Erm, offer them a bucket? confused

Fazackerley Fri 22-Mar-19 23:26:04

It's so frustrating! I don't see why I should just blithely fork out 300 because they fucked up!

NigellaAwesome Fri 22-Mar-19 23:26:49

I'm pretty sure that they can't charge you interest for this. It sounds reasonable to say you would pay the excess in a few months.

radishingravish Fri 22-Mar-19 23:27:07

No, they have a record of the order and have confirmed we only ordered 500l

In that case definitely don't pay for the extra. Tell them they made the mistake and they have to find a solution and you paying for their mistake is definitely not a solution.

Fazackerley Fri 22-Mar-19 23:28:09

I said tbh if you weren't a company I know well it could be a scam!

Pinkyyy Fri 22-Mar-19 23:28:14

Not your fault they can't rectify a a problem they created. They cannot legally force you to pay for it and you have no moral obligation to either. Them mentioning charging you interest on their mistake is just plain cheeky.

Fazackerley Fri 22-Mar-19 23:29:38

I am really cross, particularly as they just chased payment as though it was nothing, no apology

Pinkyyy Fri 22-Mar-19 23:32:56

Keep proof (email or letter) that you've given them the option to retrieve it and have no further direct contact with them.

NunoGoncalves Fri 22-Mar-19 23:36:17

Is there another supplier you can use next time? Sounds like a genuine mistake but they're being CFs about it to threaten to charge interest. If possible, I'd respond that I'm willing to pay now but will not be using their services ever again.

Rottencooking Fri 22-Mar-19 23:38:14

They're utter pisstakers. Not your problem they gave you too much and not your problem they're unwilling to try and retrieve it.

Treaclesweet Fri 22-Mar-19 23:40:58

Is there someone else you can order from next time? If so I would tell them you're not paying, especially with the rudeness!
They can't have a leg to stand on legally surely? I'd keep a paper trail now though JIC.

Mummymummums Fri 22-Mar-19 23:41:41

Yes CFs. They're lucky you're agreeing to pay so to threaten interest is very poor. As you say, it's their cock up and not within your current budget.

Ariela Fri 22-Mar-19 23:47:14

I'd take advice from Trading Standards, then ring them back (or better, email them), to say what TS tell you. I imagine they will say to give them the option to collect or to pay when you would have expected to order more, but no interest.

Justaboy Fri 22-Mar-19 23:49:30

If it were me i'd be telling them in No uncertian terms that they can come and collect their Oil but I'd be charging a storage fee for it!.

Tell them that and if they still are acting Pilliocks then they can come and collect ALL their Oil and you'll get your Oil elesewhere.

It's their cock up they can sort it at their expense.

Its a very competive market Oil.

WaxOnFeckOff Fri 22-Mar-19 23:51:18

You give them 4 options:

They come take it back,
They give you the extra for free.
You pay for it when you'd normally be getting a new order.
They take you to court.

UnspiritualHome Fri 22-Mar-19 23:51:21

If they try to charge interest, tell them you'll be charging them for storage.

However, to an extent your response will need to depend on whether alternative suppliers are easily available. You don't want to piss them off if all the alternatives would be more expensive, for instance.

Ariela Fri 22-Mar-19 23:51:31

In the same vein we only order when it is really hot weather and the oil price super low (we don't use a lot, small house) but can take up to 2500l. We always order the exact amount we need (DH measures it) and I find it very annoying that they only deliver , say, 1800l not 2300l or whatever we ordered at the super low price and that results in our tank only being 3/4 full, and often doesn't stretch to the next cheap period, they did this last time and I really don't want to buy again before May/June on price.

BackforGood Fri 22-Mar-19 23:54:23

Agree with those aying that your response, to some extent depends on how many other places you realistically can get your oil delivered from.

I would say to them that you will pay for the rest, when you would normally have ordered your next lot.
If they wish to charge you interest then you can say you will deduct it from what you are charging them to store their oil for them

the fact they have acknowledged it is their mistake, and that you are happy to buy it off them in 3 months time, means they haven't got a leg to stand on.

Tinkobell Fri 22-Mar-19 23:55:19

Their mistake. Say your budget doesn't allow you to pay them the additional amount now - end of. But estimate your rate of use and make an agreement to pay for the extra 400l at the appropriate point that you would have reordered. That would seem fair.

Tinkobell Fri 22-Mar-19 23:57:15

They've no right to demand interest in this situation, that's ridiculous. They should apologise to you and agree to bill you in the future at a mutually agreed date.

MadeForThis Sat 23-Mar-19 00:01:06

They made a mistake. You offered two solutions. They were rude and unreasonable.

Block their number and keep the oil.

MorningsEleven Sat 23-Mar-19 00:02:47

They can be such arseholes and they really hold folk to ransom. We stopped paying an account when we realised that the company we were using only filled our tank when the price was high and filled it often enough that we always owed money. We crippled ourselves paying it up then ditched them. There's not enough regulation.

myhamsteratefreddiestarr Sat 23-Mar-19 00:10:18

As it’s their mistake, they should allow you to pay it in a few months, with no interest charged.

Do you have legal cover on your house insurance, you might be able to get some advice? Or ask CAB?

thenightsky Sat 23-Mar-19 00:13:48

What does it say on the paper slip that prints out of the tanker? If it says 500 then there's no proof they delivered more.

cstaff Sat 23-Mar-19 00:18:00

They are lucky that you are offering to pay at all. After that reaction I would be telling them to fuck right off and move your business elsewhere, tell them that you are doing this and see how they react then. Cheeky fuckers.

Itwouldtakemuchmorethanthis Sat 23-Mar-19 00:27:22

Charge them rent, for storing the oil till next time?

I have to say I’d be wary of truly pissing off the oil people.shock. They are forever saving me from freezing my butt off.

SeventhWave Sat 23-Mar-19 00:40:36

If they can't measure it to take it back, how come they can measure it when they deliver it?

trendingorange Sat 23-Mar-19 00:56:33

Very CFs saying they will charge interest!
I don't understand how they can't measure it taking it out?
I only order 500lts at a time as I worry it will get stolen (has been a few times).
How do people keep their oil safe from thieves? (ours is a very old tank with no lock)
Sorry for the thread high-jack!

DimplesToadfoot Sat 23-Mar-19 01:01:09

If they want to charge you interest I'd charge them for the storage of their oil in your tank

BarbaraofSevillle Sat 23-Mar-19 04:07:13

If they try to charge interest, tell them you'll be charging them for storage

grin

The extra 400 litres of oil may count as unsolicited goods under consumer protection legislation. Basically they have to collect the extra oil or let you have it for free and it is an offence to demand payment for it.

www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Inertiaselling

But if it is a small local company who made a mistake, a reasonable solution would be for you to pay for the oil when you would next need oil, with no interest or storage charges made, at the price that is most advantageous to you, ie the cheaper of the price now or when you would normally next order oil.

After all, you are currently taking a risk of theft or leakage as you have more oil than you would normally hold.

DroningOn Sat 23-Mar-19 06:33:15

Are you sure you got 900l?

How have they proved this?

How often do you order 500l? Next time order 100 but pay for 500, if you're going to use it, it's only right that you pay for it. Not right that you fork out for it right now as a result of their error.

Your account with them will just have to be in arrears until you're ready for your next delivery.

Failing that tell them to collect and if they refuse then it's not your problem

StealthPolarBear Sat 23-Mar-19 06:41:50

Was just coming to say if you argue with them make sure there are other suppliers in your area. Whenever we look to switch we find there are very few, even those who advertise as supplying our area.

CheeseCakeSunflowers Sat 23-Mar-19 06:50:20

I would agree with a previous poster that the trading standards department of your local council would be a good place to contact. I did this once when I had a dispute with some carpet fitters and after one call from TS they finally stopped ignoring me and sorted out my lumpy carpet.

Reddragonqueen Sat 23-Mar-19 06:53:04

I always get oil from the same company, I like them they usually deliver within hours of me calling. I'd pay it to keep the good relationship and not be difficult. I understand it's their mistake but you'd be ordering more at some point. If you're super skint ask them to wait a month and waiver the interest

Fazackerley Sat 23-Mar-19 06:53:25

But if it is a small local company who made a mistake, a reasonable solution would be for you to pay for the oil when you would next need oil, with no interest or storage charges made, at the price that is most advantageous to you, ie the cheaper of the price now or when you would normally next order oil
This is what I am going to suggest.

It's annoying because the price of oil fluctuates and is cheaper over the summer.

There's no doubt we ordered 500 but received 900. The order was noted and paid for over the phone with a person, they have a record of it. The delivery note said 900 and I have a remote control oil checker which confirmed 900.

I think it's their attitude which has annoyed me more than anything tbh. I am going to say if this happens again I do not intend to pay for it.

WhenZogateSuperworm Sat 23-Mar-19 06:58:25

Definitely make sure you only pay the lower of the market rate either today, or in 4 months time when you would have normally ordered the oil. The price could be cheaper then!

We had an over delivery by 50L once, they invoices me for the extra. I phoned and said I wouldn’t be paying as I only ordered 500L and they didnt chase me again!

BangingOn Sat 23-Mar-19 07:01:07

We had this exact same scenario and the company agreed we could pay the additional monthly for the next few months. They were very apologetic about it but it was still annoying.

Collaborate Sat 23-Mar-19 07:04:14

What you now have is your supply for the post-Brexit dystopian society. Just imagine how much that will fetch on the black market!

WhiteDust Sat 23-Mar-19 07:07:39

How will it affect you if you fall out with them? Will they stop delivering in future? Can you buy elsewhere?

Fazackerley Sat 23-Mar-19 07:09:36

I don't want to fall out with them. I buy a lot there (they supply animal feed).

I will try to think of it as part of my Brexit stockpile grin

ivykaty44 Sat 23-Mar-19 07:13:33

I’d ask them what measures they’ve put in place to prevent them repeating this mistake?
As it’s your mistake, explain why I should pay early, when I’ve budgeted to pay again in 4 months time, please explain why you believe I should be out of pocket for your mistake?

Give it to them in an email but ask them to explain - hand it back to them... but not the oil

celtiethree Sat 23-Mar-19 07:16:49

Laughing at the interest. What are typical business savings rates - about 1%? So 75p for the 3 months! I’d offer 75p just for their reaction grin

Fazackerley Sat 23-Mar-19 07:17:44

Laughing at the interest. What are typical business savings rates - about 1%? So 75p for the 3 months! I’d offer 75p just for their reaction grin
That's what dh said!!

ivykaty44 Sat 23-Mar-19 07:17:46

Tell them you’re storage charges are the same price as the interest they want to charge CFs

Fazackerley Sat 23-Mar-19 07:19:02

I think I'm going to actually go in and speak to them. They were so weird on the phone, as if it was my fault and I was trying to rip them off. It was annoying.

WaxOnFeckOff Sat 23-Mar-19 07:55:05

Could they be struggling to keep running hence the weird reaction? Is this actually a bigger deal to them than we think? It might be good to see them face to face so you can properly assess if it's cheeky fuckery or if they are genuinely going to struggle because of it.

HelloMonday Sat 23-Mar-19 08:36:38

How do they know they delivered 900L not 500L, if they cant measure it to take it back?

RussellSprout Sat 23-Mar-19 08:53:56

Blag them that you're referring the matter to your solicitor. That usually makes people think twice.

RighteousSista Sat 23-Mar-19 10:05:51

Is it possible that it was an error and subsequent attempt at cover up by a minion and their boss doesn't know? Might be worth speaking to the owner?

Fazackerley Sat 23-Mar-19 10:17:32

They were apologetic, then tried to pin me down to a payment plan. I got quite shirty then and said this is your mistake, stop trying to involve me. I'll pay when I am ready to pay, in about 5 months. And there is no way I am paying interest and if this ever happens again I am not paying for it at all. They agreed but were defensive and shitty. I'm annoyed with them for making me feel like I'm trying to rip them off!

Justaboy Sat 23-Mar-19 15:05:29

Fazackerley that seems not that well run an outfit seeings that your a regular customer there and it was their mistake! Just how much is the extra Oil i reckon its around 200 quid that right?.

If they can't "loose" sort of, that amount for a few months then they must be in very bad straights overall!.

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