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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I ordered home heating oil, asked them to fill the tank but

Resolved Question:

I ordered home heating oil, asked them to fill the tank but I specifically told company I wished to be present at the delivery. The reason being that I knew I had a limit and thought there was already about 500 litres in the tank. I gave them my debit card details in order to gurarantee the delivery. However, at the arranged time the delivery did not arrive but came later when I was out. I was shocked to see that the amount was 1154 litres.
I rang on Monday and said i could only pay for 700 litres and after much debate agreed to take out £260 (700litres) and they would return to take back the remainder. One week later i rang them to find out when they wanted to pick up this amount and only found out by accident that on the followind day from the original payment they took out another £155 from my account without my knowledge or authorisation. They have not collected the remainder of the oil. I have gone into overdraft as a result. They are refusing to repay the £155 as they now say that I had ordered the oil (by asking for the tank to be filled, however,if they had turned up at the arranged time I would not have agreed to it as I knew I wouldn't have that amount of money)and are within their rights to have taken the £155 from my debit card the following day. What can I do now? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if you ordered a specific quantity of oil or a top up?

Customer:

A top up

Alex Watts :

So they did top it up for you?

Alex Watts :

You didn't order say 500 litres then?

Alex Watts :

Have they refused to collect the extra amount back?

Customer:

Yes they filled the tank which was 1154 litres and no I had said to fill it up but that I wanted to be present which didn't happen.

Customer:

They are refusing to collect the extra amount because I had ordered it and they took payment the following day

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

So can you clarify exactly what is my position regarding the supplier taking the second payment without my knowledge and authorisation. I am not clear if you are saying I am correct in asking for the £155 to be refunded and on what basis.

Alex Watts :

£155 - yes. You did not authorise it.

Alex Watts :

Clearly you must give that oil back.

Alex Watts :

But you are seeking the £155 on the basis you did not authorise it

Customer:

So, what law or whatever are they breaking so that I have that information for them before I go down the road of the small claims court. Also 14 days from what date?

Alex Watts :

Breach of contract.

Alex Watts :

It was an express term that you would be there.

Customer:

They are saying that as I ordered the tank to be filled I am in breach of contract. But my argument is that the subsequent verbal contract of only paying £260 is the most recent and therefore should be the only one in consideration. Is this correct?

Alex Watts :

Indeed.They have no other evidence to prove it.

Customer:

so just to clarify, the telephone conversation where they agreed to take £260 from my debit card and collect the remainder is the only evidence that is admissable. Asking for the tank to be filled in the first instance is irrelevant, right? Also, what does it mean "it was an express term that you would be there" in relation to the issue. In other words how can I put in layman's terms so that they are in no doubt what it means.

Alex Watts :

Yes that is admissable. In any event its a small claim.

Alex Watts :

Express term means it was spoken.

Alex Watts :

Not implied by law like say the Sale of Goods Act

Customer:

So is there any law I can quote to make it clear that I know what I am talking about. And is it actually theft by taking the £155 from my debit card? I would be much happier if I had details of precisely what they have done wrong.

Customer:

Alex not clear if you are continuing this chat.

Alex Watts :

Yes its breach of contract which is common law

Alex Watts :

The terms were agreed

Alex Watts :

The terms were breached

Alex Watts :

You can sue for loss and damage

Customer:

Are you saying that by taking the extra money from my debit card is breaching the terms of the original contract which was the agreement of taking £260 from debit card

Alex Watts :

The extra money yes.

Alex Watts :

You are entitled to a refund of the extra they took without authorisation

Customer:

Ok now I think I'm clear. Thanks for all your help

Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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