QDR - Sainsbury’s (Unpaid Fuel) Threatening Letter

dan_2490

After a quick search of the forums I see there are a few of these popping up, mine is a very similar story and just looking for some advice on how to handle.

7 weeks ago it’s alleged I visited a Sainsbury’s petrol station and didn’t pay for my fuel. I remember the date fairly well as is the day we went on holiday, but today only did I receive a letter telling me something was wrong.

We recall going to the petrol station, as we do regularly as is my local, and I do have a transaction on my bank statements from there on this day, however only for £6 or so. Not the £25 fuel that’s being mentioned. The genuine truth is that I can’t recall if we took fuel or not, likely if we went in for some other bits and bobs (the £6), but I know I certainly wouldn’t have not paid for my fuel. As many others have said I’m more than happy to pay for my £25 fuel if there’s been some kind of error on my or the cashiers / systems part, however I certainly won’t be paying the £65 administration fee that’s being threatened by the solicitors.

Ive been into the store today offered to pay for the alleged fuel and settle, and spoke to a manger who was at best rude, said there’s nothing they can do now as it’s with the solicitors and told me that CCTV isn’t available due to the length of time. 

So at a bit of a sticking point, I’ve offered to make good the fuel, I’ve asked for any evidence they have. Any success stories with this who can advise on next steps?

TooManyPoints

The petrol station and QDR seem to be in a bit of a spot really. As well as you having no evidence that any "drive off" involving your car took place, it seems neither do they.

When you made your offer at the garage, on what basis did you make it? Did you accept responsibility for the debt?

Does he letter from QDR hold you responsible solely on he basis that you are the Registered Keeper?

dan_2490

I asked them to show me the CCTV and in that case I’d of course pay any owned monies but like many others they say it wipes after 28 days. Seems very ironic all these letters are sent 6/7 weeks after the “offence”, which in every case is after the CCTV isn’t available.

Yes the document is aimed at the RK so from reading other posts, they can’t actually prove who owes the money in the first place?

Baldytyke88

dan_2490 said:

We recall going to the petrol station, as we do regularly as is my local, and I do have a transaction on my bank statements from there on this day, however only for £6 or so. Not the £25 fuel that’s being mentioned. The genuine truth is that I can’t recall if we took fuel or not, likely if we went in for some other bits and bobs (the £6), but I know I certainly wouldn’t have not paid for my fuel. 

I would rarely go a fill up with £25 of fuel, more like £80+, but if you feel you could have got £25 worth, I would pay the total amount. It's your mistake too.

Do you normally fill your tank?

eddddy

As a starting point, you could contact whoever sent you the letter (i.e. the solicitors) saying that you don't recall the incident, and therefore you doubt that it occurred - and if they believe it occurred, ask for their evidence.

If they can provide reasonable evidence, then I guess you pay the £25.

Regarding the £65 admin fee - there would probably need to be very clear and obvious signs at the petrol station stating contractual terms something like:

"If you take petrol and leave without paying, you are agreeing to pay for the petrol plus a £65 admin fee at a later date."

GDB2222

eddddy said:

As a starting point, you could contact whoever sent you the letter (i.e. the solicitors) saying that you don't recall the incident, and therefore you doubt that it occurred - and if they believe it occurred, ask for their evidence.

If they can provide reasonable evidence, then I guess you pay the £25.

Regarding the £65 admin fee - there would probably need to be very clear and obvious signs at the petrol station stating contractual terms something like:

"If you take petrol and leave without paying, you are agreeing to pay for the petrol plus a £65 admin fee at a later date."

Whilst asking for their evidence of the fuel, you could ask for evidence of the signage. 

Mildly_Miffed

Are you swearing blind that it's impossible you would have put £25 in, gone to pay, and just swiped the card without thinking twice about the amount?

Sainsburys will most certainly have had CCTV evidence at the time, and they will have passed that QDR, along with responsibility for chasing that debt. Sainsburys do not need to keep that CCTV any longer - the debt has been transferred. Any commercial relationship between Sainsbury and QDR around that transfer is not your problem or business.

Costs have then been incurred by QDR on top of the unpaid fuel - getting the keeper's name from the registration via DVLA is not free. It is perfectly reasonable to expect you to cover those costs. £25 is the usual fee viewed as reasonable.

So we're back to whether you're swearing blind that it cannot possibly have been you taking £25 of fuel without paying? If you can't do that, then you can try to negotiate the £65 down to £25 or so, but you have no leg to stand on for £0.

prowla

If there is no evidence then how can there be a charge?

Mildly_Miffed

prowla said:

If there is no evidence then how can there be a charge?

There will be. QDR will have been passed it by Sainsburys.

It's between the OP and QDR, not the OP and Sainsburys. The OP does not appear to have contacted QDR yet.

Car_54

Mildly_Miffed said:

prowla said:

If there is no evidence then how can there be a charge?

There will be. QDR will have been passed it by Sainsburys.

It's between the OP and QDR, not the OP and Sainsburys. The OP does not appear to have contacted QDR yet.

The evidence presumably consists of footage showing *a person* filling up the OP's car with fuel.

It is very unlikely that QDR have any evidence that the OP is that person.

Car_54

eddddy said:

Regarding the £65 admin fee - there would probably need to be very clear and obvious signs at the petrol station stating contractual terms something like:

"If you take petrol and leave without paying, you are agreeing to pay for the petrol plus a £65 admin fee at a later date."

There is no need for such a sign. The £65 is not part of any contract with Sainsburys. QDR are pursuing a debt, and IF that debt is legitimate then they are entitled to recover their reasonable costs.