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Neighbours heating oil

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Im a BusyBee | 12:11 Thu 26th Jun 2008 | Law
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my neighbours heating oil has just been delivered to my tank - what rights do they have in making me or me allowing them to remove it??
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Dont fully understand

Why wasn't it delivered to their tank?

Is it physically in your tank or next to it?
Question Author
we are out all day and when i just popped home they had delivered to wrong address - my neighbours tank is nowhere near mine
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sorry and yes it has been into our tank
If it was delivered into the wrong tank, could they not get the people who made the error to come and move the oil?
speak to the supplier and try and come to an agreement.

its not your neighbours fault so they cant be expected to pay for it.

Its not yours so cant be forced to pay.

BUT it was sent unsolicited so i think you have to give the supplier opportunity to remove it at their cost within a decent time limit before you can try and claim ot for yourself.
To be honest I would act stupid.

You haven't signed anything and you weren't there so I would just keep it and keep my mouth shut lol
I'm pretty sure the Rev's idea won't wash.
I'd do it different - and there is an opportunity for you to gain here.
Since the supplier is going to have to sort it out, which is going to cost him money, why don't you offer to buy the oil, but at a discount. I'm pretty sure this isn't as simple as them arriving at the door, pumping it out and pumping it into the right tank. I suspect they are going to have to arrive with a empty tanker, pump it out, take it back to the depot to check the product. It might have got contaminated in your tank - especially if you suggest that use one of these additives you can get to put in oil.
I'd offer about 10p per litre under the current market price.
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you always seem to offer good advice buildersmate! thats what i was thinking (although i didnt know there were additives i could suggest may create a problem). My brother suggested this evening that we pump out into a spare tank we have and fill original one with water - he wasnt serious of course - but when thinking about that i realised it isnt as simple as just removing it. Annoying thing is we go on holiday tomorrow for 2 weeks and im worried they will stamp about on our property while we are away and it will be gone when we come back.
Same thing happened to me a few months ago, except I was the one who ordered the oil and didn't get it!

It only came to light when I rang up to enquire why my order hadn't been delivered. They rearranged the delivery straight away, and presumably sorted it out with the other party, as I didn't have to do anything further.

Anyway, the point is, their next step will be to ask the delivery driver to identify where he delivered it to, so unless he can't remember, they will no doubt catch up with you in the end. I can't better buildersmate's advice though. I'm sure they will seriously consider an offer given the trouble they'll have to take to get it back, and since you will be using it anyway and with the current high prices, you could save quite a bit there.
Am I missing something lol

You weren't there at the time so the driver couldn't have spoken to you.

You have signed nothing to say you received the oil.

Exactly how are they going to prove you have had it?
This is interesting from a legal point of view - very similar to unpaid petrol in a car petrol tank.

The legal point is that the goods cannot be recovered because the oil is mixed with yours. It is physically impossible to take 'their' oil back and leave yours behind.

If you use the same supplier for your oil, rather than cause potential confict with the company or the neighbour, I'd come clean and pay for it. You have to have your tank re-filled at some time, so why not now? Anything else just isn't worth the hassle. It's a mistake, that's all.
How is it hassle?

You have not signed for delivery
You have not spoken to the driver as you weren't there

How can they prove it is their oil in their and not another companies?

Their mistake, so tough.

Just keep the oil and don't pay.
This is the fuel additive that I believe you already had in your tank, BusyBee.
http://www.fuel-additive.co.uk/pd3_fuel_additi ve/pd3_fuel_treatment.htm
RevFunk, I would have to sort it out. My main concern would be the trouble the tanker driver would be in when he returned to his depot. I would hate to think he lost his job for a simple mistake - and one that I could remedy. After all, as I said, the tank would need to be filled up sooner or later, so I don't see a problem with paying for the oil.

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