Help Me Hank: Heated Argument

The home heating oil delivery should have been easy as one two three.

Nancy van Valkenberg
"They were supposed to put the oil in that one."

Actually, as Nancy van Valkenberg showed me, the delivery should have been as easy as one, two.

Nancy van Valkenberg
"Instead they put it in this one, the second floor, this one."

It all started when Nancy's tenant, who lives in unit one, ordered heating oil.

Nancy van Valkenberg
"He was really anxiously waiting for that oil so he could have hot water and take a shower."

So the oil guy came and filled a tank. But he didn’t fill the tank for unit one, he filled the tank for unit two, Nancy's tank.

Nancy van Valkenberg
"So it was put in my tank by mistake."

The tenant in unit one was still waiting for his hot shower.

Nancy van Valkenberg
"Within twenty minutes he came up so upset."

And Nancy had 100 gallons of oil she never asked for.

Hank Phillippi Ryan, Investigative Reporter
"If you didn’t order the oil why did they put it in your tank?"

Nancy van Valkenberg
"I'm not sure, they're all clearly marked."

Then, the oil company told Nancy that she had to pay the oil bill.

Nancy van Valkenberg
"I either had to pay for it or get it out of there and give it back to them and I can't get it out."

Hank Phillippi Ryan, Investigative Reporter
"They convinced you to pay for oil you never ordered?"

Nancy van Valkenberg
"Correct."

Now, the company charged Nancy a cheap price for the oil, which might have been terrific, except Nancy didn't want oil. She's on pre-paid fuel assistance and her next planned fill-up would have been free. Still, she handed over $100.

Nancy van Valkenberg
"I was devastated because this is money that won't pay another bill."

Nancy told her friends and family about her dilemma and one pal had an idea.

Hank Phillippi Ryan, Investigative Reporter
"So what a did your girlfriend say?"

Nancy van Valkenberg
"Get in touch with Hank Phillippi Ryan, she'll make it right."

We headed right for the Division of Standards and Assistant Director Charlie Carroll told us that the law is on Nancy's side.

Charles Carroll, Division of Standards
"The rule is, that if you receive something you did not order, you can consider it a gift."

Hank Phillippi Ryan, Investigative Reporter
"You don’t have to pay for it?"

Charles Carroll, Division of Standards
"You don’t have to pay for it."

Hank Phillippi Ryan, Investigative Reporter
"You can keep it?"

Charles Carroll, Division of Standards
"You can keep it."

After that it took just one phone call to the oil company for Nancy to get a refund of $100 and a lesson that's priceless.

Nancy van Valkenberg
"Just don't take anything at face value because they’re telling you that. Find out your rights."

That rule saying you don't have to pay for something you didn’t order is a powerful one for consumers. For more information about consumer rights for shopping, ordering and delivering, click on this link to the state's Consumer Affairs Web site.