Legal Question in Business Law in Massachusetts

I have a will call agreement with my heating oil co. When I saw that my oil was getting low I put in an order for 250 gallons to my co. I only realized that they never made the delivery when I ran out of oil and was without heat. When the delivery came later that day the driver informed me that I had to agree to a $175 emergency delivery fee in order to get my heat back on. I figured that since I had put in an order weeks earlier I would just call the co and let them know what happened and they would waive that fee. When I spoke with them they just said they have no records of my order and they are not responsible. I asked to speak to the supervisor and after about 5 minutes on hold they told me he was busy and I could leave a message. I never got a call back. I suspect they may have "lost" my order intentionally in order to extort more money from me. Do I have any legal recourse?

Asked on 3/02/11, 11:20 am

Paul Lancia Attorney Paul Lancia

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Obtain the paperwork to substantiate your position with this company, from the co, your notes, etc...

Then if what you say is factual, make a demand, if they deny it, file a claim.

Answered on 3/13/11, 2:13 pm

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