The H. J. Poist Gas Company

To whom it may concern:
Please accept this response in reference to complaint [redacted].
On February 11, 2015, our company sent technicians to the home of [redacted] to pick up the propane tank located on her property. She was a long-time customer of ours, however the decision...

was made to pick the tank up because of the fact that there was absolutely no propane usage for nearly 5 years. [redacted] did phone our office and have a negative experience with the office manager. She reached out to myself and Sean U[redacted] regarding her experience and expressed her concern over the way her phone call was handled, and the fact that she was not notified of the decision to pick up the tank at her home.Providing our customers with quality service is something that this company takes a lot of pride in. It's a family business and it's been around a long time strictly because of the service we offer our customers. It is extremely unfortunate and disappointing that [redacted]' account was handled in the fashion that led up to this point. I did reach out to her in response to the email she sent, and assured her that she will absolutely be refunded for her $8.33 pre-paid fee, as well as the $80,00 security deposit that was originally paid on the account. She has my sincere apologies for the way this was handled. Although this might be a rare situation, we still find it outrageously disappointing.
This incident did cause us to review our methods and policies surrounding picking up tanks from customers who go an extended period of time with no gas usage. We are in the process of finalizing a new procedure that will provide our customers with plenty of notice and some other options should the wish to keep their accounts open. We have also had a company-wide meeting in regards to our customer service and the way we expect our customers to be treated, resulting in new disciplinary actions surrounding any negative experiences that a customer might have with an employee at Poist Gas.
Thank you, and please feel free to call me directly if you have any questions or concerns with regard to my response.
Dana U

Review: A statement of the facts:

• Poist claims that they refunded money to the previous homeowner in April 2012 for unused gas in the tank.

• My wife and I purchased the house in July 2012.

• Included on our property was a propane tank full of gas.

• There was no lien or other claim on the house related to the tank. There were no auxiliary disclosures on the deed or in the closing documents related to the tank.

• The previous homeowner indicated that the tank and gas were ours to use and he would not be taking them when he vacated the property.

• We included this asset in negotiating sales price.

• Several times between July and December 2012 Poist visited our house. Each time they left a note stating that we could contact them if we wanted gas. They never indicated a claim against the gas currently in the tank or the tank itself.

• In January, we contacted Poist about starting a relationship to begin gas deliveries.

• At this point, Poist claimed that they owned the tank and we owed them money for gas previously used.

• Poist is now threatening to sue us for thousands of dollars while saying they would settle for $800. They are trying to intimidate us and using scare collections tactics.

My issues with Poist's claim.

1. We had no contract. We had neither an explicit or implied contract. I feel that I am being used to remedy the poor decision by Poist to refund the previous homeowner and fill a tank without notice to the new homeowner.

Poist may choose to argue quantum meruit; however, that requires a notice of “unjust enrichment”. I never acknowledged the receipt of the gas from Poist (I received it from the third party previous owner). Additionally, it would not be “unconscionable” for me to benefit from this. I included it in my purchase price for the house. Both items are requirements of a quantum meruit claim. As such, the quantum meruit claim falls apart.

2. Poist provided no notice of their claim despite ample time to do so. Had Poist simply notified us of their claim to the gas prior to our use of it or placed a lien on the property, this situation could have been simplified.

Instead, they waited 6 months to make their claim. And this was only after WE contacted them. Poist knew a transfer occurred; it was why they offered the previous owner a refund and why they sought out our new business. I can think of no honest reason to do this – only duplicitous ones.

3. Given Poist business practices, I had no say in the delivery price or timing of the gas. What if I had wanted to purchase at a different time, perhaps when prices were lower? Or from another supplier who charged lower prices? The obfuscation and lack of notice resulted in me using the gas – and, in the eyes of Poist, left them free to dictate the terms and prices – after the fact.

This brings up another issue. Poist initially asked for $800 or $2 per gallon of gas. On the phone on May 6, 2013 [redacted] stated that this is all they wanted from me. However, they have consistently asked for a price higher than that during previous discussions and indicate they will sue me for more than that for the gas alone. Even if Poist was the owner of the gas, how are we to know the appropriate price in a volatile market without a contract or timing? Why does Poist change their claim? Are they just hoping to get some extra money? As for the tank, Poist has indicated to me that they view it to be worth a few hundred dollars. Yet I was notified on May 6, 2013 that they intend to sue for over $1,000 for it.

4. There is no way to determine how much I used. The tank was not filled on the day of the transfer of property from the previous owner. As such, there is no way to tell how much was used by the previous owner and how much was used by me. Poist itself has indicated that gauge readings on tanks are unreliable.

5. Poist used non-standard business practices and is expecting me to make them whole. Other gas companies charge upon delivery. Poist’s own records indicate that they also charged the previous homeowner upon delivery of gas. Now Poist is asking me to pay after the fact. This is inconsistent with their normal policy per their records. In addition, I have no way of knowing that they are not charging me for gas already paid for by another.

6. The title to my property states: “Together with the buildings and improvements thereon erected, made or being; and all and every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belong”. The amount I paid for the house included the right to the gas. I am willing to subrogate my right to this claim and allow Poist to pursue the deed signatory if Poist relinquishes its claim against me.Desired Settlement: Remove claim against me and accept return of tank as a gesture of good faith from me.

Business

Response:

Dear [redacted], As explained to you by phone today, complaint # [redacted] has been resolved. We settled the account with [redacted]. No monies are owed by him at this time. Please make sure that any negative information regarding Poist gas is REMOVED! Should you have any questions, please contact me at [redacted]Accounts Receivable SpecialistHJ Poist Gas Co., Inc.[redacted]

Consumer

Response:

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

Please remove any notice of the complaint from your website.

Regards,