Legal Question in Consumer Law in Pennsylvania
Home Oil Delivery
A cash payment for oil delivery was made. Money was left as arranged. Oil was delivered and a receipt left by the truck driver. The box marked ''cash'' was checked on the receipt with the amount in the ''total'' column. There is another box at the bottom of the receipt labelled ''customer signature'' where the truck driver wrote ''sending''. 2 weeks later the oil company called and said they did not receive the payment. They have called numerous times requesting payment and are now threatening to come to our house and remove the oil from our tank. What are our rights?
2 Answers from Attorneys
Re: Home Oil Delivery
Why why why would you leave cash in an envelope outside of your house?? Why would you pay in cash??
It would seem to me that you should call the police and report a theft. The receipt would seem to indicate that the driver stole the money, but that's for the police to determine. If the police determine that the driver stole the money, this would put you on firmer ground with the oil company.
The oil company can't remove the oil. They can, at this point, demand payment. There are no "rights" that you have--this is a contract dispute. The contract is that the company would provide oil and you would pay for it. At this point, the oil company delivered, and apparently hasn't received payment. They can send your account to a collection agency or sue you for payment.
Re: Home Oil Delivery
You don't have rights, this is a contract. They cannot "come and take oil from your tank." Once that commodity has been delivered it is yours (for reasons that I won't go into). What they can do is dun you for collection of the outstanding balance.
Unfortunately it sounds like there was an element of trust here where you left cash for the delivery rather than a check. You need to prove that you paid for the delivery. Without a reciept from the oil company or a cancelled check there is no way to prove that you paid. Either some prior to the fuel delivery stole the money or the delivery person stole the money. There is the potential that there was a clerical error, but I don't think so. If you can't prove that you paid then you still owe the money for the delivery and the oil company can do waht it needs to do to collect.
Good luck and regards,
Roger Traversa
email: [email protected]
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