HELP!!! wrong delivery of oil

weeangel79

Complicated story so will try to simplify. 2yrs ago (at my previous address) I got 100 euro of oil delivered, I don't drive so gave my mum the money to pay for mine as She was going to order & pay hers. Office person made mistake & made out docket for another 100 euro of oil. Truck pulls up to house & I told the driver I didn't order oil, He shows me the docket (my correct name & address & 100euro paid) asks "It's paid for, Do you want it or not!?!" I therefore assume that my mum has paid for it as She had done once before (later when talking to her figure out the office made a mistake).

200euro worth of oil in my tank, I spent few days at my parents house, come home to tank that low that boiler won't even fire up. Phone Oil company to ask is it their policy to take oil back as I hadn't paid in full for the office mistake of 2nd order, they tell me it's not, it must've been stolen.

I ask next door neighbours if they noticed anyone around the house & explain why. They tell me they only seen the oil truck at my house & thought I was very organised getting more as I'd only had the truck there the week before. There was always someone in their house & they have a dog so would've seen/heard anyone coming or going. I phone the oil company to ask why the truck was at my house, they said they'd check the log.

Later I receive a very abusive call from them and the guy says there was no truck ever at my house & not to accuse them of taking the oil (I never accused them at any point of stealing the oil back). I tell him that 1 of their trucks was seen by 3 neighbours & I only wanted to know why it was there. AT THIS POINT I WONDER WHY HE'S SO DEFENSIVE & LYING ABOUT THE TRUCK NOT BEING THERE AT ALL? I would've been content with simple explanation of "driver went to wrong house". After a load of horrible calls (threatening to send me solicitor's letter, I tell him I'm happy for him to do that & let the circumstances speak for themselves) I finally hear no more from the guy.

Now live at different address, same company delivers to me & it should be my neighbour. The driver damages my oil tank to get the oil in.... bursts off the vent cap as the fill cap is padlocked, takes a rock out of my wall (wire mesh filled with rocks) and sits it over the hole. I phone the company, leave a msg that I want the tank fixed, the same guy returns my call & all the usual as before, horrible call & tells me He'll be there to take the oil back out in my presence, agrees to fix the tank.

Some people have told me I don't have to let him back onto my property as they entered without permission & caused damage/that I don't have to let him take back the oil as it was their mistake.

I've heard rumours over last couple of yrs about this guy scamming deliveries so I don't know what to do about it all....e.g How do I make sure He doesn't take back more than what was delivered?/if it wasn't 200euro that was delivered in the first place?

amdublin

I don't think the first four paragraphs of your post relate to the question you are asking?

What exactly is the consumer issue/the question you are asking?

weeangel79

Thank you for your reply amdublin,
Sorry, I was only trying to explain the background issues to the current problem. I was looking for advice as to how to proceed, as some people have advised me that it was their mistake, they were on my property without my permission, caused damage and I don't have to allow access because of this. The first four paragraphs are pertinent to the fact that although I didn't witness the stealing of the oil 2 yrs ago, circumstances point to it being the same person that I now have this new issue with.

Ken.

If the value of the wrongly delivered oil is more than the cost of repairing the damage caused tell the guy you'll keep the oil in return for not getting repairs or reporting the trespass.

weeangel79

Thanks for your reply Ken,
That's kinda why I was throwing the long story out there, as I'm a very honest person & under normal circumstances, I'd have said to the guy "I can't pay for this so come take it back please". Given the aforementioned suspicion & the fact that on checking the tank it doesn't look like the 200euro amount has been fully delivered, I'd end up out of pocket if I allow him to take the 200euro worth that was claimed was delivered. Wasn't sure as to how reliable the information some people have given me that I'd be within my rights to keep some or all of it, as I haven't paid for it.

the_syco

He gave you an unknown amount of oil, and damaged your property.

Inform the Gardai of the trespass, and the damage ("forget" about telling them about the previous incident, as I don't see the point), and then get legal advice on what, if anything, the oil company can do, and if they have any claim at the unknown amount of oil in your tank, as it was their mistake that they put an unknown amount of oil into your container.

weeangel79

Thanks the_syco
Was thinking about pushing the tresspass/damage issue but anticipate the guy will then push the 'honest mistake' issue, my address on docket/wrong name (though what better way to get more business by accidental delivery of oil and hope the person will agree to pay up for it?)

They did put a docket through my door which I gave to the neighbour so She can prove they didn't deliver her order. Difficulty with the docket is it prints the meter reading but rumour has it that company hasn't always delivered what the docket states (and it didn't look like it when I checked the tank, when inspecting the damage to the tank).

Spoke to Gardai briefly on the phone today, telling her I needed a bit advice on what I should do as I can't ensure that the oil will be there given the fact of delivery guy damaging my tank/the whole street knows this/I'm house & dog sitting so not at my own house right now. She brushed it off saying it's not a matter for them, that I need to secure the tank as best as possible until they come back to collect. Don't want this guy back on my property so was asking her if I am entitled to stop him, She wasn't much help.
Previous incident mentioned purely on the fact that it's the same guy I'm having the hassle with & same guy I suspect of emptying my entire tank 2yrs ago.

the_syco

weeangel79 wrote: »

TSpoke to Gardai briefly on the phone today, telling her I needed a bit advice on what I should do as I can't ensure that the oil will be there given the fact of delivery guy damaging my tank/the whole street knows this/I'm house & dog sitting so not at my own house right now. She brushed it off saying it's not a matter for them

Tell them you wish to have the trespass and destruction of your property noted in case it happens again.

Oryx

Talk to the company again. Tell them a) that guy is not allowed to deal with this issue, either by contacting you or returning to your property. b) As advised, price repair of the tank and weigh up the pros and cons of returning the oil vs repairing the tank.

We recently had our oil company fill our tank when we had specified a particular amount, meaning we owe them much more than anticipated. We told them, grand, we will pay you the amout we ordered, and you can wait till we can pay for the balance, as we didnt ask for the extra. No way are they getting back in to remove the excess!

traleespud

Most oil lorries built in the last 10 years CANNOT suck oil back out. There designed that the meter and pump shut down when air is detected thus it only counts oil and not air and you get what you paid for. Having said that if its an older lorry its quite possible that it can.

The sergeant for weights and measures under the NSAI regularly calibrate and lead seal meters in the same way there done at petrol pumps so there is no room for any discrepancies in quantity.

Possibly get a local neutral plumber to fix your tank and bill the company for the damage. With regards to the trespass issue, I don't think you would have a case here, it does sound as though it was just the wrong house, it happens more often than you'd think. You wouldn't accuse the postman of trespassing if he put your neighbours post in your door by accident.

Sounds as though the company you are dealing with aren't a well known reputable company perhaps you should consider switching companies. ESSO, Topaz, Top Oil etc would have systems in place to deal with your matter better, they are also branded which means they have a central head office that will deal with your problem if the local office isn't dealing with it correctly.

foggy_lad

The op has no dealings with this company, their neighbour ordered the oil from them.

OP i would contact the company and tell them you do not want that driver at your premises ever again and you will be reporting the issue as trespass to the Gardai. Tell them that they can come and take the oil but it must be done under the supervision of a qualified person who can confirm the amount returned and they will cover any and all costs relating to this as well as getting you a new oil tank because they have damaged it in a place which is very hard to fix properly.