QDR Solicitors letter receieved for non payment of fuel

Aretnap

paul_c123 said:

Baldytyke88 said:

TooManyPoints said:

I'm not familiar with this "holding fee" process. Does it require he cardholder o do anything after he has finished filling up?

It's usually automatic; perhaps the card was removed before the transaction could be completed?

It wouldn't/shouldn't have completed the pre-authorisation if the card was removed before it was complete.

It sounds like what's happened is there's an issue with the payment processing after the pre-auth was taken and after the fuel was taken, but it was Sainsbury's error. I don't think the OP owes Sainsbury's or QDR anything. Their error has effectively 'gifted' the fuel to him.

I'm not at all convinced that their error entitles the OP to free fuel. A debt doesn't go away simply because the creditor makes a mistake while collecting payment. 

However there's no justification at all that I can see for adding "admin" or "collection" fees to cover any extra costs they incurred because their system failed.

That said, given that Sainsbury's have apparently sent a dubious firm of debt collectors after the OP because of an error that seems to be entirely theirs, telling him to forget about the fuel payment would feel like a reasonable gesture of apology.

TooManyPoints

I'm not at all convinced that their error entitles the OP to free fuel.

Assuming, of course, it was the OP who benefited from the fuel. We don't know who did and QDR certainly don't.

paul_c123

Aretnap said:

paul_c123 said:

Baldytyke88 said:

TooManyPoints said:

I'm not familiar with this "holding fee" process. Does it require he cardholder o do anything after he has finished filling up?

It's usually automatic; perhaps the card was removed before the transaction could be completed?

It wouldn't/shouldn't have completed the pre-authorisation if the card was removed before it was complete.

It sounds like what's happened is there's an issue with the payment processing after the pre-auth was taken and after the fuel was taken, but it was Sainsbury's error. I don't think the OP owes Sainsbury's or QDR anything. Their error has effectively 'gifted' the fuel to him.

I'm not at all convinced that their error entitles the OP to free fuel. A debt doesn't go away simply because the creditor makes a mistake while collecting payment. 

There is no debt, the OP didn't enter into a credit agreement. They offered to pay, Sainsbury's didn't take it.

towills

user1977 said:

Just tell them you're not paying it, surely? They're hardly likely to take further action for £67.

Are you sure that i can tell them that im not paying? or do we appeal given the fact that I have an email from Credit Card bank that the user had entered the correct PIN at the Pump and holding fee of £100 was on the Pump system but for unknown reasons ( or reasosn known o Sainsburys) it didnt debit £52 after the fueling was completed.

towills

TooManyPoints said:

Who is he Registered Keeper of your car?

There are two earlier threads, both of which were quite lengthy. I'll dig them out later. 

It is my view that only the driver is responsible for the debt. GDR don't know who that is and have no way of finding out.  You have no obligation to deal with them. They have effectively "bought" the debt from Sainsbury's but you owe Sainsbury's and nobody else..

I'm not familiar with this "holding fee" process. Does it require he cardholder o do anything after he has finished filling up?

My Mrs is the RK. Sainsburys have confirmed that they do not ahve the video footage as it was more than 5-6 weeks ago. once we enter card deatils, the pump holds £100 and then debits it within few days. 

towills

QrizB said:

TooManyPoints said:

I'm not familiar with this "holding fee" process. Does it require the cardholder to do anything after he has finished filling up?

Until I read this thread, I has assumed it was foolproof

• Driver inserts card and enters PIN (I've not yet seen a contactless one but I guess they might exist)
• POS system validates card and initially makes a charge (usually £100 or £120)
• Pump allows you to dispense fuel up to the value charged
• Driver dispenses fuel then returns nozzle to holder
• Pump finalises sale, issues receipt and udates the previous card transaction to reflect the actual amount

There's no apparent way for the cardholder to obtain fuel before validating the card, and no way to cancel it without payment once fuelling has commenced.

You are absolutely correct.

towills

TooManyPoints said:

That sounds a good idea. However, the tone of the response might depends who the RK is. The business model adopted by QDR seems to simply to chase the RK and nobody else. That may be different if he RK is a lease or hire company.

I would like o know whether the RK is a company or an individual.

The RK is an individual. I'm still looking for a good draft to appeal this case.

QrizB

towills said:

TooManyPoints said:

That sounds a good idea. However, the tone of the response might depends who the RK is. The business model adopted by QDR seems to simply to chase the RK and nobody else. That may be different if he RK is a lease or hire company.

I would like o know whether the RK is a company or an individual.

The RK is an individual. I'm still looking for a good draft to appeal this case.

As I undestand it, "keeper liability" is specifically for parking charges. You're not being pursued for a parking charge. QDR are making empty threats against the keeper in the hope of them paying up.

To take court action, QDR (or whatever legal ambulance-chasers Sainsbury's choose) would need to identify and pursue the driver. As Sainsbury's haven't kept the CCTV, they're going to have difficulty with that.

Your next steps are governed by your own morals. Personally I'd make reasonable efforts to pay Sainsbury's - in writing - and if they refuse your money then that's their problem. I wouldn't engage with QDR's threatograms unless they get more serious.

towills

I'm planning to appeal/email Executive.office@sainsburys.co.uk with a copy of the QDR letter and the letter from the Credit card showing proff of holding fee payment. Has anyone got a better email id for Sainsburys? 

towills

Dear Sir/Madam,

We have recently received a letter from QDR Solicitors claiming that we owe £xx.xx, along with an admin fee of £15 and a processing fee of £50, for an alleged unpaid fuel transaction.

We were quite shocked to receive this letter, as we had no prior indication of any issue. We contacted XXX Credit Card Services, who confirmed that on 21st August, a transaction was made at the XX petrol station in Southampton. A £100 holding fee was authorised on our card, and fuel was purchased as usual before leaving the station.

Now, 5 to 6 weeks later, we have received this letter from QDR Solicitors. We have since spoken to the Customer Support Manager at Sainsbury’s XXXXl, who advised us to raise this matter with the Executive Office directly.

This is the first time in my life that we have ever received a letter regarding non-payment of fuel, and we are keen to resolve this misunderstanding as soon as possible.

Please could you look into this matter urgently? For reference, I have attached a copy of the letter from QDR Solicitors and the relevant email correspondence from XXX Credit Card Services.

Thank you for your attention to this matter. I look forward to your prompt response.

Kind regards,