oil man trespassing

@ker

hello lads and lady's i want to ask a question to all the fellow boards members its a long one so bare with me i ordered oil yesterday from a company <who shall remain nameless> and they advised that they will deliver it on Monday anyway today i come home from work with an invoice in my door and my oil tank full.now my back gate was locked and my dog was in my garden so its clear they jumped my fence to put oil in and now a couple of things i want to know

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

Biggins

tnynll wrote: »

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

No.

Yes.

Your screwed. Unless someone saw them actually break it, it could be your word against theirs.

admiralofthefleet

you got what you ordered so are you not happy with that

El Weirdo

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

tony1kenobi

Get a new dog.

admiralofthefleet

admiralofthefleet wrote: »

you got what you ordered so are you not happy with that

im not happy he broke my fence he didnt even call me and i left my no

44leto

No the oil man is not allowed come on to your property without your permission. But if it was me I would have been glad he did. Just less hassle waiting for it on monday. Now you have that out of the way.

El Weirdo

El Weirdo wrote: »

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

marvsins

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

kowloon

He meant the best and certainly didn't break the fence on purpose. I'd chalk this one down as an accident. Put up a 'beware dog' sign at the entrances if you're worried about the dog biting.

Tayla

44leto wrote: »

But if it was me I would have been glad he did. Just less hassle waiting for it on monday. Now you have that out of the way.

Yea but he broke his fence

marvsins wrote: »

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

He told him to come on Monday, you can be pretty sure that if the OP's dog did actually give him a nasty bite that he would try to sue the OP, however the OP wasn't aware that he would visit today so he didn't move the dog into the house.

Stained Class

tnynll wrote: »

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

There's always the possibility that he did'nt break the fence.

I coulda been kids messing.

Red21

What were you hoping he would do?
What kinda shape was your fence in?
most people wait till the last few days of oil before they ring in an order and if the tank isn't filled their burner gets airlocked.

Tayla

Tayla wrote: »

Yea but he broke his fence





He told him to come on Monday, you can be pretty sure that if the OP's dog did actually give him a nasty bite that he would try to sue the OP, however the OP wasn't aware that he would visit today so he didn't move the dog into the house.

finally someone who sees my point of view

Rhys Essien

Ya,he could at least have the decency to phone you to say he was there.

Rhys Essien

Rhys Essien wrote: »

Ya,he could at least have the decency to phone you to say he was there.

in fairness i work across the road from my house if he had of rang me id of came over and put the dog in and unlocked the gate it feels like he just wanted it done and dindnt care about me as a customer

Biggins

marvsins wrote: »

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

No.

"All that is necessary to establish the tort of trespass is that the act should be voluntary"
Davitt J
O'Brien v McNamee 1953

If a man is sitting on a wall and is pushed so that he falls on someone else's land and there by commits trespass, his act is involuntary and he is not liable in tort - but if he is out shooting or on other business and thinks he was a right to be a particular piece of land, when in fact he has no right, his act is voluntary and he is liable for trespass.

Unless express permission has been given while the occupier is out, they are indeed breaking the law.

syklops

Define broken fence. Did he drive the truck through it or what?

My name is URL

El Weirdo wrote: »

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

Pity the oil man didn't show the same initiative

syklops

syklops wrote: »

Define broken fence. Did he drive the truck through it or what?

ill put it like this 2 full slates are broken now and they were solid when i left for work today

El Weirdo

tnynll wrote: »

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

Really?

tnynll wrote: »

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

yea and i haven't had one call of them they never mentioned Saturday to me they said earliest will be Monday and took my moby

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

salonfire

salonfire wrote: »

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

tell me why?????

rainbowtrout

tnynll wrote: »

in fairness i work across the road from my house if he had of rang me id of came over and put the dog in and unlocked the gate it feels like he just wanted it done and dindnt care about me as a customer

How is the oil man supposed to know you work across the road? If he had rung you, he probably figured the chances are you were nowhere near the house.

Can you prove he broke the fence?

Of course he just wanted it done, he didn't want to have to make a second trip on Monday. Oil men probably visit empty houses most of the time, their hours are generally 9-5 when most people are at work. The 'he didn't care about me as a customer' comment is a bit over the top. He wasn't performing open heart surgery, he was delivering oil, normally to people who have run out and want it yesterday.

If you're that annoyed over it, ring the oil company, ask who delivered to your house, and ask if he broke the fence.

hop2it

ring oil company frist thing monday morning and cancell you order as the oil fairy called into you over the weekend and filled your tank

2 stroke

Oilmen regularly reschedule deliveries if they know their routes better than the office staff. I would contact the company and complain about the broken fence but if you start complaining about trespass you could have trouble getting deliveries in future.

Tayla

salonfire wrote: »

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

Why

He broke his fence, the OP is hardly ranting and raving about it, he's just asking a couple of questions!

Biggins

2 stroke wrote: »

Oilmen regularly reschedule deliveries if they know their routes better than the office staff. I would contact the company and complain about the broken fence but if you start complaining about trespass you could have trouble getting deliveries in future.

There is other oil companies.

Tayla

Tayla wrote: »

Why

He broke his fence, the OP is hardly ranting and raving about it, he's just asking a couple of questions!

im not trying to be rude but tayla is right im annoyed my fence was broke and i wasnt even called to see if i was near to let them in

ninjasurfer1

Sell the oil..
ring oil company on Tuesday asking where your delivery is..
..
Profit?

Tayla

tnynll wrote: »

im not trying to be rude but tayla is right im annoyed my fence was broke and i wasnt even called to see if i was near to let them in

That's the thing about boards, if someone does something to you, breaks your stuff, treats you unfairly etc. the majority will always blame you! Of course if it was their own fence it'd be different............

ninjasurfer1 wrote: »

Sell the oil..
ring oil company on Tuesday asking where your delivery is..
..
Profit?

I like your style!

Nodster

When ordering your delivery, did you make it clear for the driver to phone you when he arrived? A simple request would've saved all this hassle

up for anything

marvsins wrote: »

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

That is silly.

If I order a home delivery from a supermarket and they find it convenient to deliver at a different time than we agreed and I'm not home when they get there does that give them the right to break and window and leave the stuff on the kitchen table?

2 stroke

Biggins wrote: »

There is other oil companies.

And they talk to each other about bad customers.

Biggins

salonfire wrote: »

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

Every one has the right to purchase an item without having to accept criminal damage as an unwanted part of the deal.

Its because some let these damages to unmentioned that those doing the damage, will carry on doing same elsewhere without a care in the world.

Next time it could be your property and a valuable animal of some kind might escape to boot and even cause more chaos!

The mentality of some people daily astound me.

ballsymchugh

op is presuming the oilman broke the fence. i mean, it could've been biggins.
hey biggins, can you vouch for your whereabouts after the oil was delivered?!!!:P

what kinda fence has slates anyway?

Red21

tnynll wrote: »

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

You havn't said how much oil was delivered. A full tank! that's a possible 700/800 euros worth that you have decided not to pay. If the fence broke because someone hoped over it, it must a been a sh!tty fence.
Why not ring them get them to take back the oil and tack up that fence.

Biggins

2 stroke wrote: »

And they talk to each other about bad customers.

So we should live in fear of that or them?

Fcuk that and fcuk them!

If they want the business, they will behave/work without creating damage.

Tayla

2 stroke wrote: »

And they talk to each other about bad customers.

Oh no, is he going to be blacklisted from getting oil forever :eek:

Biggins

ballsymchugh wrote: »

op is presuming the oilman broke the fence. i mean, it could've been biggins.
hey biggins, can you vouch for your whereabouts after the oil was delivered?!!!:P

Bed - sick for the last few days.

Tayla

Red21 wrote: »

You havn't said how much oil was delivered. A full tank! that's a possible 700/800 euros worth that you have decided not to pay.

He never said he had decided not to pay, he said he felt like he shouldn't until he got some answers and his fence fixed.

2 stroke

2 stroke wrote: »

I would contact the company and complain about the broken fence but if you start complaining about trespass you could have trouble getting deliveries in future.

As I said above, complain about the fence not the trespass.

up for anything

Red21 wrote: »

You havn't said how much oil was delivered. A full tank! that's a possible 700/800 euros worth that you have decided not to pay. If the fence broke because someone hoped over it, it must a been a sh!tty fence.
Why not ring them get them to take back the oil and tack up that fence.

Two answers to that.

Not necessarily - have you felt the weight of the hose they use and he could have been a big, fat, athletic fecker.

So what if the fence was ****ty - all the more reason not to try and scale it carrying a hose. Not everybody can afford to fix up their property at the moment - more reason to respect it.

Unfortunately, I can believe the reaction a simple question here has gotten.

Birdie086

lodge a complaint and subtract the amount of the damage done to the fence from the bill

syklops

tnynll wrote: »

ill put it like this 2 full slates are broken now and they were solid when i left for work today

Slates? In a fence?

Chris Doherty

tnynll wrote: »

hello lads and lady's i want to ask a question to all the fellow boards members its a long one so bare with me i ordered oil yesterday from a company <who shall remain nameless> and they advised that they will deliver it on Monday anyway today i come home from work with an invoice in my door and my oil tank full.now my back gate was locked and my dog was in my garden so its clear they jumped my fence to put oil in and now a couple of things i want to know

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

Get a quote for the repair of the fence, If you are renting tell the landlord, Phone the oil company and tell them you will be making a deduction from the payment.

Dave147

Agree with the OP here, seems reasonable enough and annoyed that his fence was broken. It only takes a simple phone call from the oil man, instead he allegedly broke the fence and potentially could have been seen as a trespasser by the OPs dog and attacked, hope they pay for your fence mate.

Fbjm

OP, that's how oilmen deliver it to my house. No amount of giving out is going to get the majority onto your side here. If the fence was that big of a deal ring up and say it.

recyclebin

Talk to the oil company and see what they say?

If they don't knock a few quid off the bill then send them an invoice for the repair of the fence with a few photos of broken fence. Pay for the oil minus the repair costs. Simple.

mickdw

Birdie086 wrote: »

lodge a complaint and subtract the amount of the damage done to the fence from the bill

If its kinda obvious that the damage was caused by oil man, i.e. in a location that he would have rested the hose or jumped across, you should get a repair quote, deduct this amount from the oil bill, send off the cheque for the reduced amount together with a copy of repair quote and a few lines in explaination then see where it goes from there.