OIL COMPANY ISSUE
Anyone have experience with and/or advice regarding home heating oil company trying to charge “early termination fee” after buying oil from them for years and then discovering that oil co. was charging much more per gallon than the going rate? (We had no written contract, but the company says they have a recording of a…
Anyone have experience with and/or advice regarding home heating oil company trying to charge “early termination fee” after buying oil from them for years and then discovering that oil co. was charging much more per gallon than the going rate? (We had no written contract, but the company says they have a recording of a conversation that they say is the contract!)
I can’t believe that nobody has asked…
Who is the oil co so we will know to avoid them?
Thank you everyone, including Putnamdenizen. Your correct in gathering that I did not understand your attitude. I appreciate the clarification. Just to clarify our situation. We have refused to pay the “early termination fee and late fees.” I’ve told the company that we do not owe them anything and they shouldn’t have been charging long-term (many years) customers more than community going rates, which were more than $1/gallon more than several other companies. So, since we haven’t paid, we can’t go to small claims court. I will express to them my intent to file with BBB and also include the company’s name on the blog if they don’t stop. Will let Brownstoner know the outcome….Thanks again.
I would still be pleased to hear from anyone else who has had this problem.
call the NY City department of consumers affair(through 311)
or on line at
http://www.nyc.gov/html/dca/html/contact/contact_form.shtml
BTW an oral contract is still a contract the issue is proving it(and a recording is good proof).
The problem with small claims court is they do substantial justice without following the letter of the law so if they have your voice on a recording saying you agree to a one year contract with a termination clause you may be liable but I don’t think DCA likes those agreements.
The Statue of Frauds requires some contracts to be in writing not all contracts must be in writing.
OP hasn’t paid the 399. S/he is being harrassed to pay it. Which s/he should not. Ever.
Sue for a refund of the termination fee and late fees (over $399), is my understanding. It only costs about $50 (if I remember correctly, plus a little more to hire a server if you don’t have a friend who will do it) to sue in small claims court. You could probably tack on a couple hundred for the harassment as punitive damages. It might be worth it if AAR is angry enough and has the energy to do research and follow it up. It might even be worth it to fill out the forms and send the company a copy as in “here’s what’s coming” if you don’t refund me the money.
But as I understand it, no one has either’s money or oil, so this all seems failry inexplicable, and as I wrote, thuggish. What would the OP sue for?
Oh yeah, if you really want to, it’s fairly easy to file a lawsuit in small claims court. You might consider doing it if they don’t back off. I think you should call and explain and demand a refund and a stop to the harassment, and then also write a threatening letter with the same information.
http://www.nycourts.gov/courts/nyc/smallclaims/index.shtml
http://www.nycourts.gov/courts/nyc/smallclaims/represent.shtml
And number 2 was better? (Smile)
Sorry if you didn’t understand the import of my comment. My fault, tone is impossible to gauge on the web. I was suggesting that should be your response to them. They are pulling your leg. They are acting like thugs. Ignore them. File complaints.