Would you have paid this bill?

[Fern]

Last year i had a contract with an area oil supplier to deliver heating oil to my home. The contract included a tuneup of my furnace. Everything was ok with their service, except i was very upset to find the guy who did the tuneup STOLE something from my basement. Because I have to work and couldn't be there when he arrived, i left my garage and basement open for him (but locked the door at the top of the basement stairs leading to the main part of the house). So he was there by himself. It wasn't until a few weeks later that i noticed one of two old vices that had been BOLTED onto a work bench was simply gone! He went to all that trouble to unscrew 4 bolts just to get my vice.

I was so pissed off. Not that it had any value to me; it actually came with the house when i bought it, but just the nerve of this guy.

So needless to say, i wasn't going to contract with this company again for heating oil this winter. I never bothered to complain to the company because i had no actual proof he took it, (tho no one else was in my basement and i live alone) and i knew he would simply deny it and it'd be my word against his.

So anyway, i sure was surpirsed last week to find a heating oil delivery receipt in my driveway, and lo and behold, it was Santa Fuel. What the hell?

I scrounged around in my files to find the old written contract from last year and it clearly stated that "from Nov xx 2005 through May xx, 2006 we will deliver heating oil to you at such and such a price." I had an angry phone conversation with their business manager on the phone, saying i had no intention of going with them this year, hadn't heard from them all summer, etc so why are they delivering heating oil to me now? The guy claimed that somewhere in the fine print it said that oil delivery was on a rotating basis, ie, they keep doing it until you tell them to stop, but i think this was quite deceptive, as the beginning and ending dates i mentioned above were written quite prominently, and i have never dealt with another oil supplier that did not attempt to secure a new written contract for a new heating season.

Anyway, he proposed that i pay the per gallon rate i had gotten from a different supplier. It was lower than their going rate by about .20 a gallon. I agreed, and paid the bill already, but i wondered if i was even obligated to pay them at all. It was just a $50 bill as i haven't used much oil heat yet, but i was afraid they might come and try to siphon the oil back out, and i really didn't want them messing around with my oil anymore. So legally, would i be even obligated to pay? I wonder.

I did, by the way, tell him about the theft from my basement and he seemed glad to hear of it; i guess if others complained, or did so in the futre, he'd be out of a job, so for that reason it was worth it to me to speak up.

[sweeps]

Regarding the vice getting stolen... Although the guy is the prime suspect, like you said, there is no proof. Maybe there is another explanation why it's gone. If I were the guy I would at least hope for the chance to defend myself.

Regarding the auto-renewal on the oil contract... Your rights vary quite a bit based on state and local law. In general they are legally in the right if the language says you must call and cancel, but if you took them to court, there's a good chance a judge would side with you or at least call for a compromise. I think you handled it correctly -- it was a small amount and you worked out a solution on your own without wasting a lot of time battling with the company.

[Thrifty Ray]

I would have made them show me the fine print.

If there was such a clause, I would have negotiated the price since the written dates were misleading. If there wasn't I would have thanked them for the free oil. ...ok, ok, maybe I would have negotiated a 50/50 split...

Sounds like you handled it well.

Too bad there was no proof about the vice.
This is a good reminder for those who own the home and those who provide service to the home that it is always a good idea to have both present when work is done.

[PRICEPLUS]

Sorry to hear about the vise. I forget the term used where folks just keep delivering until you tell them different. It is illegal in New York State to the best of my knowledge. Check with your State Attorney Generals Office!

[sweeps]

Originally Posted by PRICEPLUS

I forget the term used where folks just keep delivering until you tell them different.

Negative option billing.

[PRICEPLUS]

Sweepsplayer, this over 40 brain suffers from CRS and I thank you!

[sweeps]

Don't mention it.

[tinapbeana]

Originally Posted by Sweepsplayer

Don't mention it.

unfortunately, CRS prevents poundwise from even remembering it

PW, i'm yanking your chain, you know. dear friend at work claimed she had CRS, but then realized that she has a perfect memory. her recall ain't that great, but the memory is perfect!

[shelbylovesmelby]

CRS? I don't think I've heard that one before.

No suggestions other than what's been prevously said about the company.

& I think you are right on the vice thing it's your word against his. Hence another reason not to trust anyone alone in your home.

[tinapbeana]

Originally Posted by shelbylovesmelby

CRS? I don't think I've heard that one before.

Can't
Remember
S, er, Poop

[shelbylovesmelby]

TY I think that one applys to me to boot! *LOL*