Court tomorrow. Am I legally obligated to pay for something I used but didn't order?

[Dystopian]

I know this is ridiculous. I ran out of oil 2 or 3 times, and my oil company made emergency deliveries. That's what they do. They have 24 hour emergency service for customers. Last March, on a Friday night, I ran out of oil. I had been sick with pneumonia for 3 weeks, didn't check my tank. I had this company for years. Larry called me back and said I'd done this too often, and they wouldn't take the truck out. He told me to put diesel fuel in my tank, call Monday morning, and they'd deliver. My son was pissed, told me he'd call them back, but I told him 'NO!' I wasn't going to ever get oil from them again. His friend, oil burner tech, got the fuel and restarted my furnace.
Also, they charge big time for emergency service...$75 for the delivery and $75 to start the furnace, so they really make out...and always have someone on call. Isn't it illegal to deny an oil delivery? A punishment for not checking my tank? (Larry already lectured me about this before)

On Monday I came home from work to find that they had delivered the oil. I did NOT call Monday morning. I immediately called my son's friend asking him if it was 'possible' for them to suck the oil out of my tank as I didn't order it. He said yes, but it would be costly. He also advised me that although the small area companies compete, he knows the guys hang out together and I might have a problem getting a new oil company...he said I might get blacklisted. I was in a rage. He told me to calm down, and even though I didn't order it, it would be too risky to call the company for removal of the unordered oil.

Okay...I used their sucky oil and didn't pay my bill. I didn't respond to their calls and letters regarding my bill, and now happily have the day off from work to go to court tomorrow. Will I look like a complete idiot if I explain this and have the guy's statements? I know nothing about legal matters...and have just exposed myself as being the most idiotic DUer ever.

I know...I need more help than legal at the moment...
Thanks to anyone who can give me a little insight...
Never do today what you can put off until tomorrow....
I know I'll have to pay for it...but?
peace~

[Ptah]

1. Yes, you will have to pay. n/t

[Dystopian]

3. Thank you...

I know we'll go into mediation, and make a payment plan....
But I guess I'll write out something just to make them feel like asses and to have it on record.
I don't want to be the only one looking like an ass:blush:

peace~

[Lil Missy]

2. I think you owe the bill. n/t

[Dystopian]

4. Yes, I do....

I just hate to admit it...:cry:
Thank you for replying...I think I just needed to vent..
Very confused am I....

peace~

[lizziegrace]

5. If you'd given them an opportunity to come get it

and they didn't, you might have an argument.

[Dystopian]

7. Very true....

but I was freaked out by the possible blacklisting....and in a rage over the injustice...
As usual, I just didn't follow through.
Oh how I wish I had just called and told them to 'get that oil out now!'
Guess we'll be face to face tomorrow in small claims...
I hope they send Larry!

peace~

[Metta]

6. I thought that stuff that came unrequested was legally a gift.

... what I always thought.

[Dystopian]

8. A gift!

:o
I never thought of it that way.....

"Your honor, I believed that they saw the evils of their way...not delivering to a poor old sick grandmother in the dead of winter....and bestowed the gift of oil upon me on Monday!"

Thank you...I'm having fun with this one...
Also, I know I'll use that word at some point, and at least have a good time at my own expense:hi:
Now I'm wishing that I had called them, thanking them for the gift vs my thought of telling them to take it back

[mopinko]

10. don't think that counts if you are a repeat customer, and

ordered it, just wanted it sooner than they could deliver. the rule you cite applies to totally unsolicited items.

[Dystopian]

11. Yes...

But it was a funny thought...They really could deliver, just opted not to.
I feel much better after getting advice here...thank you.
Where else can one go at the 11th hour and feel better about impending doom?
Also, making my airheadedness public!
Anyway, I've learned my lesson...maybe.
Off to court in the morning..... thank you for replying:-)

peace~

[Metta]

14. ah, thank you.

:hi:

[skygazer]

9. Since you didn't contact them to dispute, you'll no doubt have to pay

Couple of suggestions here - I lived in the northeast for many years and have had the same problems because of heating oil prices - I'd run out and end up having to pay huge fees for emergency delivery and re-start.

Your oil guy actually gave you good advice - you're better off throwing five gallons of diesel fuel or kerosene to get you through until you can get a regular delivery than pay the jacked up emergency cost.

Also, get your son's friend to show you how to bleed the line and restart your furnace. It's very easy and will save you a great deal of money.

And if it's at all possible for you, I'd try to get on a regular delivery schedule so you don't have to worry about running out. Hope it all works out for you. :hi:

[Dystopian]

12. Thank you....

I never looked at it as good advice...For me, it was a refusal to deliver, so I was a raging lunatic, then a paranoid one....
My son lives here now, so I'll definitely have the tech friend show him how to do it...
I can't go near that thing...the furnace freaks me out:scared:

Thank you for the suggestion....my son is no handyman, but now this is his new responsibility:7
I will not run out of oil this winter! Thanks for the well wishes:hug:


peace~

[philosophie_en_rose]

13. You're probably out of luck.

You should explain that they said they wouldn't deliver and you made other arrangements. However, you'll probably have to pay something.