Legal Question in Consumer Law in Virginia

Last winter we ordered 150 gallons of heating oil from James River Petroleum in Richmond, VA. We went away for a week and returned home to a freezing house and an empty tank. We called the company and they realized a mistake had been made and the oil had been delivered to the wrong home. They rushed someone out to do our delivery that day. That person delivered more than we ordered - 208 gallons.

We were charged for the delivery which was made to the wrong home. (We think it was less than 150 gallons.) We were never charged for the delivery made to our home and never received a bill letting us know how much we owed. Months later, the company began to call our home saying we never paid our bill. They claimed a mistake had never been made and we owed them money for the 208 gallons. Not a single person was able to give us an exact dollar amount. After numerous phone calls and hours of our time they finally agreed to send us a detailed bill. They still deny a mistake but say they "will be nice" and remove the charge for the first delivery (which was made to the wrong house.) We feel we should only have to pay for the 150 gallons we ordered in the first place. They want us to pay for 208.

What are our rights? Thank you!

Asked on 9/30/10, 5:48 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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If you still have proof of the 150 gallons that you ordered--and no more--

I would pay only for that amount--and no more.

Answered on 10/05/10, 6:54 pm

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