# LP Overfill



## Bfan95 (Dec 14, 2017)

Hey everyone,

We own our 1000 gallon propane tank, which was down to around 10% last week. After shopping, I decided to go with a larger company in the area that was slightly more expensive (15 cents per gallon) as they could deliver in 24 hours. We did not use much LP our first year in this home, so I ordered the minimum of 250 gallons. Upon returning home today, I discovered that the tank had been filled to capacity and I was left an invoice for nearly $1,500.

I called to notify the company of the mistake, which they acknowledge was their fault. I was then shockingly told that they could not re-claim the dispensed propane. Although we certainly do not need this quantity, especially at a high price per gallon, I attempted to negotiate with them. I was told that aside from a 5 cent discount, there was nothing that could be done. They did not even apologize for the mistake. I was then told "It is what it is, the propane has already been dispensed." They offered to extend the payment terms, which I still feel is unfair, as I would have paid substantially less with a different company or during a different time of the year.

Looking for advice on how to proceed..

Thanks!


----------



## Mt Bob (Dec 15, 2017)

They are lying,they can pump it out.


----------



## TmbrCrk (Dec 28, 2017)

That happened to a friend of mine. He told the propane people he is not paying the bill and to come get their liquid gold. They ended up giving him a big break on the price as it was cheaper than sending the truck back to get it. 
They are indeed not telling you the truth. It is possible for them to pump a tank out back to the truck.


----------



## Tar12 (Dec 28, 2017)

"I was then told "It is what it is, the propane has already been dispensed." Right there is when I would have snapped! I ordered a service that they did not deliver! IMO...this is outright theft! By their own admission it was their fault! The claim that they can't reclaim is total B.S.! They just don't want to do it! I would give them a choice...come get it or they will be talking to a lawyer...thats just me as I am a ass when someone tries to screw me.


----------



## WiscWoody (Jan 5, 2018)

Tar12 said:


> "I was then told "It is what it is, the propane has already been dispensed." Right there is when I would have snapped! I ordered a service that they did not deliver! IMO...this is outright theft! By their own admission it was their fault! The claim that they can't reclaim is total B.S.! They just don't want to do it! I would give them a choice...come get it or they will be talking to a lawyer...thats just me as I am a ass when someone tries to screw me.


You wouldn’t need a lawyer. Tell them they can take you to court. It would be small claims court and you can represent yourself. Write down all the details of the conversations with them in case it goes that way. And yes of course they can reclaim the LP they do it all the time to transport a filled tank. They don’t pump it out, they apply pressure to a valve on the tank forcing the LP out of the tank through another valve but I am being technical I know.......so sorry...lol.


----------



## coaly (Jan 17, 2018)

Small claim court will not find in your favor.
There is a law called "unjust enrichment". You have been unjustly enriched by their mistake.

Even though they filled the tank by mistake, YOU are benefiting from their mistake by getting the fuel. It is called an evacuation pump that transfers fluid from your tank to another. They may be a small company without one. They should take payments for the time period you would use the fuel as if they were pumping it at a later date.

I was in the Propane service business 25 years and a judge explained it this way to me before a hearing; The mother of a motorhome owner ordered the work done and the daughter didn't pay. I was told to simply say the owner was unjustly enriched. I won easily. The judge explained it this way;
If your car is stolen, tires or a new engine is put into it and not paid for, if you get the car back, you must pay the cost of repairs or parts since you are now benefiting from the labor another did to your vehicle, even though you didn't ask for it.
Same goes for a painting company painting the wrong house. The owner of the painted home has become unjustly enriched by their mistake but still benefits from their mistake and owes for what was done to their home.


----------



## Ashful (Jan 17, 2018)

coaly said:


> Same goes for a painting company painting the wrong house. The owner of the painted home has become unjustly enriched by their mistake but still benefits from their mistake and owes for what was done to their home.


Not if you hate the color... or own a stone house.

Something is missing from your explanation, though.  What about when a demolition company knocks down the wrong house.  Work was done.  Has the owner of the house that was knocked down without request benefited?


----------



## peakbagger (Jan 17, 2018)

I have made out in the past where the driver forgot to reset the rate per gallon on the meter to the latest price. NH State law says the price on the receipt is the official price. The computerized bill send a few days later had a different higher price. I called them up and asked why the difference and the agent go pissed off and then told me to pay the price on the receipt.


----------



## JRHAWK9 (Jan 17, 2018)

let me guess.......Amerigas?  

Yes, it can be pumped back out.


----------



## Tar12 (Jan 17, 2018)

coaly said:


> Small claim court will not find in your favor.
> There is a law called "unjust enrichment". You have been unjustly enriched by their mistake.
> 
> Even though they filled the tank by mistake, YOU are benefiting from their mistake by getting the fuel. It is called an evacuation pump that transfers fluid from your tank to another. They may be a small company without one. They should take payments for the time period you would use the fuel as if they were pumping it at a later date.
> ...


Not buying that for a one second and would not be paying...be damned!


----------



## Ashful (Jan 17, 2018)

Tar12 said:


> Not buying that for a one second and would not be paying...be damned!



Paint can’t be removed from a house, but propane can be pumped from a tank.


----------



## greg13 (Jan 17, 2018)

Once again, a classic example of what is wrong with the world today. someone screws up and somehow it's OUR fault. Laws have become so complex that it is a court of law, not a court of JUSTICE.


----------



## coaly (Jan 18, 2018)

Ashful said:


> Not if you hate the color... or own a stone house.
> 
> Something is missing from your explanation, though.  What about when a demolition company knocks down the wrong house.  Work was done.  Has the owner of the house that was knocked down without request benefited?



Obviously that owner wasn't enriched or benefit from the work done. So that is not unjust enrichment.
_Unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust._

If the judge determines the color doesn't preserve the house, you're still enriched by the protection the paint provides. You have been enriched.
Since the paint would not benefit the owner on a stone home by offering protection, I would say he would not find the owner enriched.

He should in this case allow the propane company to remove the fuel at their expense before there is a monetary judgement against him. Only if there was a good reason for not being able to remove the product should he have to pay for it. (such as malfunction of Chek-Lok which is the liquid withdrawal valve). It's called a _actuated liquid withdrawal excess flow valve_ that tanks are evacuated through and I have had them not open with evacuation pump. (actually a compressor that decreases vapor pressure in tank being filled, and increases vapor pressure in tank being emptied) a liquid hose is the hose which liquid moves from one tank to the other using the differential pressure created by compressor. This is the only pressure you have to open the check valve. It is a slow process. Normally the reason for liquid transfer is removal of an ASME tank since it is not legal to move one over the road with over 5% in tank.


----------



## k0wtz (Jan 18, 2018)

I absolutely hate things like this!!  you have to watch every second!


----------

