• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Being billed for services not requested but provided

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

DaemonJ

Guest
I live in Tennessee and used to lease a propane tank. The company that supplied the tank and gas refilled the tank while my wife and I were on vacation. We did not request the fill up and did not receive any notification that a fill up had occurred.

A few months later we received a bill from the company for the gas. When I contacted them to inform them that I had not received a fill up, I was informed that they automatically fill up the tanks at the beginning of winter.

I then informed them that I wanted to quit my lease for the tank and have it picked up along with the gas it contained (about 40%) that I did not request. I had unfortunately used some of the gas during this time.

The company still says that I owe them for the fill up of gas that I did not request and returned and I did not receive any type of credit for the gas in the tank.

What is my legal obligation on this matter?

Do I actually owe for all of the gas even though I returned 40% of it and did not request the fill up to begin with or receive notification that it had occurred?

Thank you for your time and any advice that you can offer.
 


spawn_x

Member
You said you have (had) a lease with them, which means you signed a contract..

What does it say in that?

If you had a lease then it very well may be that the contract was for an automatic fill up, in which case you'd have to check the Return/Refund section of the contract to see if you're due for some money....
 
D

DaemonJ

Guest
I will check the contract.

If the contract does not stipulate automatic refills, can you advise me of where I stand?

I do not mind paying for what I used, but it bothers me that I am being asked to pay for something that I did return.
 

spawn_x

Member
unless it says in your contract that you're entitled for the refund I would guess you won't be able to get the money back.

And you're probably being asked to pay something you returned because they did not ask you to return it.

Sort of like leasing a car, then taking it back to the dealership, parking it, and refusing to pay for that month's payment and ask to be let out of the contract..

agreements can hurt ya like that.
 
D

DaemonJ

Guest
I understand what you are saying, but your analogy is a little off.

Basically, I took the car and drove it around. While it was parked in my driveway they filled it up with gas and did an oil change without my knowledge and consent. They then sent me a bill for the gas, oil, and labor of that service.

Instead of paying for the service (but still paying for the car), I returned it to them.

Again, I do understand what you are telling me but I wanted to be sure that you properly understood the situation. :)

Thank you for your time and help.
 

spawn_x

Member
Yeah I understand (i think) what you're saying, but you mentioned the word "lease" which implies a contract... you'd have to check your contract about the delivery of propane when you did not request it.

Its very well possible that it states it will be refilled on quarterly (or whatever) bases and does not require per-basis permission....

Am I still misunderstanding something or does that sound about right? :)
 
D

DaemonJ

Guest
You have it right. :)

I am still trying to find my copy of the lease. :(

If the lease does not contain any stipulations on automatic fill-ups and such, do you have an idea as to where I stand?
 

spawn_x

Member
If it says nothing about automatic fill-ups then you have a 60% chance (IMO) to get a refund for the gas that was not used.

The thing that may (probably will) make it Very hard for you to get anything is the fact that you used the gas (whatever amount)...

Maybe someone else has a better idea?
 

JETX

Senior Member
ANY responses without the benefit of reviewing the agreement are just guesses.

So, what DOES the agreement say??
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top