Hello my name is ***** ***** I will help you with this.
For now please let me know if you ordered a specific quantity of oil or a top up?
A top up
So they did top it up for you?
You didn't order say 500 litres then?
Have they refused to collect the extra amount back?
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.
They are refusing to collect the extra amount because I had ordered it and they took payment the following day
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?
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.
£155 - yes. You did not authorise it.
Clearly you must give that oil back.
But you are seeking the £155 on the basis you did not authorise it
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?
Breach of contract.
It was an express term that you would be there.
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?
Indeed.They have no other evidence to prove it.
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.
Yes that is admissable. In any event its a small claim.
Express term means it was spoken.
Not implied by law like say the Sale of Goods Act
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.
Alex not clear if you are continuing this chat.
Yes its breach of contract which is common law
The terms were agreed
The terms were breached
You can sue for loss and damage
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
The extra money yes.
You are entitled to a refund of the extra they took without authorisation
Ok now I think I'm clear. Thanks for all your help
Can I clarify anything else for you?