Paid in cash but never kept the receipt

BnB

I have a problem with an oil company that has been dragging on for a few years, but could be coming to a head soon.

I was regularly buying oil from the same company for about 18 months. I had got 4 or 5 fills from them. The way that I had generally worked with them was, when I needed a fill of oil, I would pay for the previous fill
. So for example, if I got a fill in December and it ran out in February, I would call into them in February, pay the December invoice and order more oil. I had done this a good few times with no problems.


They used to send me the occasional statement, but I never really paid much heed to them as I was always generally up to date.
However, after one particular fill, when the statement came in, I checked the statement to see how much the previous fill was and I noticed the the fill before that was still outstanding.

I contacted the company about it and told them that I had paid it in cash in their office on the same day that they I ordered the next fill as usual. Of course I didn't have the receipt. They have said that they have gone through receipt books for the day and they can't find any record of it. Now, I don't know what the hell happened. Did one of their staff lift it....? Did they mislay it...? I don't know. All I know, is that I am 100% sure I paid it.

So for the last 2 years they have continued to send me statements. (I stopped buying oil off them since) Every few months someone rings me from the company (it is someone different every time). I explain my story of how I paid it. They always tell me they'll look into it, and I don't hear back from them.

I do believe that the company themselves are being genuine in that, they do not have the money
that I paid in the office.
But I did pay it and it was either stolen, lost, mis-assigned - or whatever

Today, I missed a call from a solictor and he left a message that he was ringing about this. So it is obviously coming to a head.

In summary, the facts are

1) I am 100% positive I paid it.
2) I do not have a receipt.

If this goes to court, do I have a leg to stand on ? It's about 300 quid. Is it worth my while letting it go to court ? Am I just going to lose anyway and end up having to pay extra costs. Should I just pay it again and learn from my mistake and always keep the receipt.

seamus

Check your bank statements from around that time, and look for a large cash withdrawal on or around the date in question.

If you had a history of paying on time, in cash, in the office, then you would have the benefit of the doubt here, and the company probably mislaid it or it was stolen.

While a receipt forms a legal part of contract, you're not completely screwed without it. In court, a judge will decide what probably happened, given all of the circumstances.

Don't be afraid to talk to their solicitor, but at the same time don't make any apologies or offers to him. Explain to him exactly what has happened (he probably has the whole story fifth-hand from someone who never even spoke to you). He has a duty to represent the best interests of his client, so he's no more looking to go to court over €300 than you are, especially if he's not likely to win.

dudara

Ask the company to provide details of all your previous payments - which should coincide with your order dates. This will create a pattern.

Don't ignore the solicitor - but put the onus on them.

BnB

Thanks Lads

That's a good idea Seamus about the bank statements. There is a Petrol Station down beside their office and I usually used the ATM there to get money out when going to pay them.

I am not one bit intimidated by them But I just want to do the right thing by myself. i.e. If being pig headed and sticking to my guns will ultimately cost me more money, then I don't want to do that.

To be fair to the Oil company involved, I don't think they are scurrilous. I think something just went wrong somewhere but I don't want to have to double pay because of it.

Anyway, I rang the solictor back and talked to him. He didn't know any of the history of it and it was just a bog standard debt collection call for him. I told him my story and he said he'd talk to the company involved and get back to me.

busman

As they have lawyered up I would knock the ball back into their court.
What prove do they have that they delivered the oil?
Do they have the delivery docket for the delivery in question? Was it signed by you?

BnB

busman wrote: »

As they have lawyered up I would knock the ball back into their court.
What prove do they have that they delivered the oil?
Do they have the delivery docket for the delivery in question? Was it signed by you?

That's a good point Busman. Even if they do have the delivery docket, I definately didn't sign it as they would have delivered during the day while we were at work.

I'll wait and see if yer man rings me back today. To be honest, I think it's unlikely he will. I think he was from a firm of solictors who have been employed to make a few phone calls to bad debtors. He has no interest is following up on something that is actually going to take a bit of work.

seamus

busman wrote: »

As they have lawyered up I would knock the ball back into their court.
What prove do they have that they delivered the oil?
Do they have the delivery docket for the delivery in question? Was it signed by you?

That is a good point, but probably best left alone unless this escalates. You'd need a solicitor to determine whether it was a good idea to fight this on a techniciality, such as the above.

As I mention above, the judge would make a determination on what probably happened - and a delivery docket which hasn't been voided usually indicates that there was some attempt at delivery. They could probably produce 5 or ten previous delivery dockets with no signature either to establish a pattern. So not a bad idea, but I don't think it's a technicality that a lay person could successfully argue in court.

I do think BnB is right and the solicitors/debt collectors will tell the company to write it off because it won't be worth persuing.