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QDR - Sainsbury’s (Unpaid Fuel) Threatening Letter

13

Comments

  • Car_54
    Car_54 Posts: 9,001 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Car_54 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.

    The OP has two choices.
    1. Engage with QDR, not Sainsburys.
    2. Wait for it to reach court. Because it's a civil debt, "balance of probability" is the test that will be applied.

    One of these will be far cheaper than the other.
    Do you think QDR will take court action for £25?
  • Herzlos
    Herzlos Posts: 16,190 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 16 November at 4:59PM
    Do you think QDR is authorized to take court action?

    If they are acting as debt collector they have no standing to do court. If they are acting as solicitors for Sainburys then Sainsburys aren't going to be able to reclaim QDRs costs in small claims court. Are Sainsburys going to eat £950 in legal fees over £25?
  • Car_54
    Car_54 Posts: 9,001 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Out of idle curiosity, I had a look at the QDR website. They claim to be regulated by the SRZ and FCA, and say that "QDR Solicitors operate in a fair and consistent manner, strictly adhering to all regulatory guidance and industry best practices."

    It would be interesting to see how they square that with sending speculative claims to individuals who may well not have incurred the debt.
  • letom
    letom Posts: 60 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Car_54 said:
    Out of idle curiosity, I had a look at the QDR website. They claim to be regulated by the SRZ and FCA, and say that "QDR Solicitors operate in a fair and consistent manner, strictly adhering to all regulatory guidance and industry best practices."

    It would be interesting to see how they square that with sending speculative claims to individuals who may well not have incurred the debt.
    It's not speculative, the car / OP filled the car with fuel and did not pay. QDR appear so far to be acting completely reasonably.
  • TooManyPoints
    TooManyPoints Posts: 1,678 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    QDR appear so far to be acting completely reasonably.

    No they are not, . 

    It is speculative because they don’t know that the person to whom they have written, demanding payment, is the person responsible for the debt. 

    In one of the earlier threads the OP posted QDR’s letter. From memory, I believe it said something along the lines of “You are the Registered Keeper of the vehicle and we require you to make full payment of the debt within the next seven days.” 

    They provided no explanation for that requirement. This is unsurprising because there isn’t one. The only person responsible for these debts is the person who drove off. That is regardless of whether criminal or civil proceedings are taken.. 

    It is my belief that QDR are relying on the fact that many drivers are aware that responsibly for some offences can attract “keeper liability” in certain circumstances. They are further relying on the gullibility of the recipients of their letters, who they hope will suspect that principle extends to these circumstances and that they will simply cough up.

    After all, they are solicitors. They wouldn’t try to mislead people like that, would they?

  • GDB2222
    GDB2222 Posts: 26,660 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Surely, this is mainly a practical matter? The OP is happy to pay for the fuel, given just a bit of evidence that some was bought but not paid for. He doesn’t dispute that he was driving. 

    I’m unclear why he should pay the extra cost that was charged? 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • BlueonBlue
    BlueonBlue Posts: 336 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 16 November at 10:35PM
    QDR are robo claiming debt collectors ie. chancers working on imtimidation and threat....  I wouldnt engage with them under any circumstances and put your foot in it so to speak ....they dont care less they want £65 thats it thats all nothing else matters at all except a pound of flesh .

    You have posted in the motoring section and are getting random personal opinions from people with little to no court experience ......most replies are personal opinion (rubbish) not law that applies specifically... some replies are more informative though perhaps not conclusive

    Start over....

    You need to post in the private parking forum where the regular crew will inform you and direct you correctly .
    If they cant they will redirect you .



  • TooManyPoints
    TooManyPoints Posts: 1,678 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker

    You need to post in the private parking forum where the regular crew will inform you and direct you correctly .
    If they cant they will redirect you .
    But this bears no resemblance to a private parking ticket. It's precisely that false conflation which QDR are relying on to deceive the recipients of their letters. Private parking tickets can attract keeper liability. Making off without payment cannot.
  • letom
    letom Posts: 60 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    QDR appear so far to be acting completely reasonably.

    No they are not, . 

    It is speculative because they don’t know that the person to whom they have written, demanding payment, is the person responsible for the debt. 

    In one of the earlier threads the OP posted QDR’s letter. From memory, I believe it said something along the lines of “You are the Registered Keeper of the vehicle and we require you to make full payment of the debt within the next seven days.” 

    They provided no explanation for that requirement. This is unsurprising because there isn’t one. The only person responsible for these debts is the person who drove off. That is regardless of whether criminal or civil proceedings are taken.. 

    It is my belief that QDR are relying on the fact that many drivers are aware that responsibly for some offences can attract “keeper liability” in certain circumstances. They are further relying on the gullibility of the recipients of their letters, who they hope will suspect that principle extends to these circumstances and that they will simply cough up.

    After all, they are solicitors. They wouldn’t try to mislead people like that, would they?

    It is not speculative, the OP has admitted to not paying for fuel and has tried to go back and pay for it. No judge would consider their actions unreasonable. Car A leaves without paying, solicitor firm sends letter to registered keeper of Car A to pay for fuel. I get that's it's fun to pretend like we are pro bono barristers standing up for the little guy, but how else would they reasonably go about getting the debt paid. Okay the alternative is they open a full investigation and get a private investigator to track down the exact person, the costs for this now run to the thousands, then we complain it's unreasonable. What do you expect them to do without incurring any cost? People really need to get some perspective, the OP is at fault, stop pretending like this is a big bad law firm trying to bankrupt them...
  • BlueonBlue
    BlueonBlue Posts: 336 Forumite
    100 Posts Second Anniversary Name Dropper
    Really the private parking forum is far better informed on how these scammers work rather than random opinions from MSE posters that are not only bullish or damming but legally incorrect .

    Other threads obviously exist on exactly this..... its a robo claim buisness model 
    What Im saying is go get the bigger picture from people in the know and that are on your side .

    What ever you do dont pay anything to powerless QDR scammers just because they sent you threatening bog paper .
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