Can oil company sue me if I am making payments on closed acc

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Latest post 03-26-2012 10:40 AM by Cica. 8 replies.
  • 03-24-2012 3:57 PM

    • LeslieW
      Consumer
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    • Joined on 01-10-2000
    • CT
    • Posts 36

    Can oil company sue me if I am making payments on closed acc

    I owe my oil company over 2K, they wanted me to pay large payments of 900, so I asked if they would break up the balance into smaller payments. They closed my account and I have still been making smaller payments towards the balance. I did write them to tell them I had hardship and could not pay 900 and asked them to correct the billing errors and send me a new bill.

    They have been accepting the payments. Can they sue me even though i've been making payments on the account? I do not have a contract with them.

  • 03-24-2012 4:07 PM In reply to

    Re: Can oil company sue me if I am making payments on closed acc

    LeslieW:
    Can they sue me even though i've been making payments on the account

    They can as long as you have a balance.  Will they?  No one can predict but generally as long as customers make a good faith effort to pay and are consistent they don't.  There is no guarantee though.

    LeslieW:
    I do not have a contract with them.

    You don't have to have one for them to sue.  They delivered the oil, you benefited and did not pay.  That would likely be enough to ensure a verdict against you.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 03-24-2012 4:43 PM In reply to

    Re: Can oil company sue me if I am making payments on closed acc

    LeslieW:
    Can they sue me even though i've been making payments on the account?

    The company can sue you any time within the statute of limitations.

    LeslieW:
    I do not have a contract with them.

    It certainly sounds as though you had a contract. You refer to "your" oil company, presumably were delivered oil, were billed for the oil you were delivered, and had agreed you owed the money for it. I don't see that happening if you didn't have a contract. If you meant you didn't have a written contract, then understand that most oral contracts are enforceable so long as the party suing can prove the contract. Under the circumstances here, it probably wouldn't be hard for the company to do.

  • 03-24-2012 4:46 PM In reply to

    Re: Can oil company sue me if I am making payments on closed acc

    LeslieW:
    Can they sue me even though i've been making payments on the account?

    Yes.

    But they probably won't as long as you are remitting substantial and frequent payments.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-24-2012 8:03 PM In reply to

    • LeslieW
      Consumer
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    • Joined on 01-10-2000
    • CT
    • Posts 36

    Re: Can oil company sue me if I am making payments on closed...

    I have actually been paying them as a customer for the past 23 years i've been using them, and had a recent hardship which I discussed with them. I asked if they could take a payment of 900 toward the balance and spread out the remainder.  They refused the 900, so I just started sending in payments every 2 weeks when I get paid and have communicated in writing to them regarding this.  I plan on paying the balance and requested they send an updated bill with the corrections from errors they made.  I still have not recieved an updated bill.

    Thanks

     

  • 03-24-2012 8:03 PM In reply to

    • LeslieW
      Consumer
    • Not Ranked
    • Joined on 01-10-2000
    • CT
    • Posts 36

    Re: Can oil company sue me if I am making payments on closed...

    I have actually been paying them as a customer for the past 23 years i've been using them, and had a recent hardship which I discussed with them. I asked if they could take a payment of 900 toward the balance and spread out the remainder.  They refused the 900, so I just started sending in payments every 2 weeks when I get paid and have communicated in writing to them regarding this.  I plan on paying the balance and requested they send an updated bill with the corrections from errors they made.  I still have not recieved an updated bill.

    Thanks to

     

  • 03-24-2012 8:06 PM In reply to

    • LeslieW
      Consumer
    • Not Ranked
    • Joined on 01-10-2000
    • CT
    • Posts 36

    Re: Can oil company sue me if I am making payments on closed...

    Thanks Dennis I appreciate the response. I do plan on paying them, but 900 a month was very hard for me, although I had offered them a 900 payment and requested the balance be spread out. And, that they do not deliver anymore oil. They refused the payment and closed my acct. So, I just started sending in 200 every 2 weeks, and I plan on sending a bigger payment soon.

     

  • 03-24-2012 8:13 PM In reply to

    • LeslieW
      Consumer
    • Not Ranked
    • Joined on 01-10-2000
    • CT
    • Posts 36

    Re: Can oil company sue me if I am making payments on closed...

    Thank you for our resonse, and I agree with you, as long as I send in the payments, I am hopoing the balance gets resolved. There were a number of issues with the bill and I was trying to work it out with them. They had posted many mistakes and add on's that I did not authorize. As the prior poster mentioned, I  had an oral contract with them, since they forgot to put me on the written plan, and they just kept billing me the highest market rate. And, adding in extra service contracts that I never agreed to. I was told many times they would fix the issues. I was on a fixed payment of 400 a month, then they decided to make it 900 a month. When I refused then the problems started.

  • 03-26-2012 10:40 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,519

    Re: Can oil company sue me if I am making payments on closed acc

    LeslieW:
    I did write them to tell them I had hardship and could not pay 900 and asked them to correct the billing errors and send me a new bill.

    What "billing errors?"  If you mean that they are still demanding minimum payment of $900; or, they aren't considering your "hardship," and you aren't meeting the demand -- they may sue you.  Especially if you haven't met an initial contract agreement.

    To my understanding, "hardship discharges" don't surface without bankruptcy claims, otherwise anyone could state "hardship."

    Check with an attorney.

     

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