Sounds like they made a mistake. Fight them in court.
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You have no choice but to fight them in court as they filed an action against you.
That being said, they are represented by counsel (who knows your story because you provided them with it in your many letters and phone calls to the oil company). Rest assured, the attorney would not have filed the lawsuit unless he or she thought that they have a good chance of winning. Therefore, it is in your best interests to hire an attorney who, like me, routinely practices before the Magisterial District Courts on small claims matters. Compared to the price of the oil delivery, my fee will be relatively inexpensive to defend you at the Magisterial District level.
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If there was no signed contract, as you say, and if the value of the delivery was greater than $500.00, then you may have a defense under the Pennsylvania Commercial Code. "Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker." 13 Pa. Cons. Stat. Ann. § 2201 You should engage a Pennsylvania lawyer to represent you in the action that has been brought against you.
Legal disclaimer: John Bonica is licensed to practice law only in Texas. His response is not legal advice and does not create an attorney/client relationship. The response is only intended to provide general information. The question may not include significant and important facts that would change the response. You should confer with a local attorney for competent legal advice.
As I see it on the limited facts presented, the issue will come down to can they prove you authorized or ordered the delivery and, if so, can you prove that you cancelled the order with enough time that they could have reasonably stopped the delivery. A consultation with a local attorney about how you might challenge their proof and how to best bolster your own. Good luck
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