Heating Oil Delivery

[lequist]

What is the name of your state? New York


I cancelled ( via fax) my contract with Oil Company A last June. I signed with Company B, who offered me a great price and a lock in for a year. Yesterday ( more than four months after I cancelled), Company A delivered heating oil and billed me while I was at work. The price is 65 cents a gallon more than my new contract price. I called the company and told them what they did. They at first tried to tell me I didn't cancel but referred to other parts of the fax I sent them so I knew they had my fax. They said all they could do was cancel, effective today, and offer me a 30 cent per gallon price reduction but I had to pay the rest. Do I have any recourse?

I am afraid that Company B will find out I got a delivery from someone other than them and I don't want to pay what amount to 35 cents more per gallon for oil than I would have.

 

[You Are Guilty]

What is the name of your state? New York


I cancelled ( via fax) my contract with Oil Company A last June. I signed with Company B, who offered me a great price and a lock in for a year. Yesterday ( more than four months after I cancelled), Company A delivered heating oil and billed me while I was at work. The price is 65 cents a gallon more than my new contract price. I called the company and told them what they did. They at first tried to tell me I didn't cancel but referred to other parts of the fax I sent them so I knew they had my fax. They said all they could do was cancel, effective today, and offer me a 30 cent per gallon price reduction but I had to pay the rest. Do I have any recourse?

I am afraid that Company B will find out I got a delivery from someone other than them and I don't want to pay what amount to 35 cents more per gallon for oil than I would have.

Do you have written proof of cancellation? If so, and you are confident the contract was canceled proerly (i.e. timely, in an approved fashion, etc.), then I would argue that the recent delivery was nothing more than a "gift" since you did not request or otherwise contract for it. And in NY, unsolicited merchandise is yours to keep, 100% free. (Or else oil companies could just go around filling everyone's tanks and then sending them bills).

Quote the General Obligations Law to them (especially the highlighted part) and see what they say:

§ 5-332. Unsolicited and voluntarily sent merchandise deemed
unconditional gift. 1. No person, firm, partnership, association or
corporation, or agent or employee thereof, shall, in any manner, or by
any means, offer for sale goods, wares, or merchandise, where the offer
includes the voluntary and unsolicited sending of such goods, wares, or
merchandise not actually ordered or requested by the recipient, either
orally or in writing. The receipt of any such goods, wares, or
merchandise shall for all purposes be deemed an unconditional gift to
the recipient who may use or dispose of such goods, wares, or
merchandise in any manner he sees fit without any obligation on his part
to the sender.
[highlight]If after any such receipt deemed to be an unconditional gift under
this section, the sender continues to send bill statements or requests
for payment with respect thereto, an action may be brought by the
recipient to enjoin such conduct, in which action there may also be
awarded reasonable attorney's fees and costs to the prevailing party[/highlight].