QDR Solicitors letter for unpaid fuel. (Sainsburys)

yarpsnehpets

Sainsburys are not the stated client.

Samani27

Thanks guys. Will let you know of any responses. (oh yeah its QDR !!)

Cheers

:)

Coupon-mad

Shouldn't have sent it to QDR. That wasn't the advice given.

Samani27

Just scrolled back up and i got confused who i would be corresponding with eg Sainsburys Head Office or QDR, eventually sent the cheque to QDR and i emailed them too saying a cheque had been sent for the fuel used only.

and yes also realised that in the letter when QDR mention 'their client' they are not talking about Sainsburys but about BOSS.

ive also seen the advice re telling QDR that i will relay this to CMA too.

What can l do now? i am just drafting a letter to Sainsbury Head Office and l have mentioned all the relevant facts.

Should l also now relpy to QDR email and mention

'l am about to send your evidence to the CMA to investigate fake costs being added, contrary to the case law of 'A Retailer v Ms B and Ms K' which established that fee fakery is unlawful.

and where the contractual agreement is and where it has been put up.

when l go for fuel l always say' im going sainsburys to get fuel' or lve just fueled up at Sainsburys. The average lay person believes thats who their fuel supplier is. I never say l am going BOSS. This is the 1st time l have heard of BOSS. My dealings are with Sainsburys as its got their name in big letters on the petrol pump. Ths just isnt fair!

Please let me know, i want to send the letter via email to Sainsbury Head office and also reply to QDR saying that l will be reporting this to CMA.

Any suggestions

Gr1pr

As a pragmatic viewpoint, the retailers, Sainsbury in this case, sell thousands of products, fuel on behalf of BOSS ( or like MFG ) being just one of them, they also have Argos, Specsavers, Timpsons, Heinz, Kelloggs etc

They may own the supermarket, but not necessarily everything inside it

If fuel wasn't paid for, somebody bears that loss, be it Sainsbury or a 3rd party contractor, so even if its a Sainsbury fuel station, the product coming out of the pump may be a franchised 3rd party supplier , no different to a Whitbread or Wetherpoons branded pub selling specialist beers or food

My old dad would say, it used to say Lanry ( bleach ) or Lifebuoy ( soap ) on the side of Manchester trolley buses, but they didn't sell it

You might go to a Shell or Esso branded fuel station, but MFG might run it, not the oil companies

I suggest that you stick to the facts written on the paperwork, and put those concerns to whoever you write to

Samani27

Thanks Gr1pr. Yes l know what you mean. Just was a little frustrated 😟

Coupon-mad

QDR will return the cheque. Wait and see. Stop digging.

Samani27

I have drafted a letter for QDR. I don't think theres any merit in continuing to contact Sainsburys in light of them saying 'this is not our issue but its BOSS and QDR.

Let me know if the below is sufficient or if l still should contact Sainsburys:

Dear Sir/Madam,

Further to your final response, I confirm that I have sent a cheque in the sum of £28.41, representing payment of the outstanding fuel balance.

As I have consistently stated, I do not dispute liability for the fuel itself. The only matter in dispute is the additional administration/recovery fee.

Your final response states that your client maintains the fee is applicable. However, it does not identify the contractual term or legal basis upon which your client contends that I am liable for this additional charge.

I would therefore be grateful if you would provide:

1. The contractual term relied upon.
2. The legal basis upon which the administration/recovery fee is said to be recoverable.
3. Confirmation that my cheque has been received and how it has been allocated.

.

"As you state that you act solely on your client's instructions, I assume the legal basis for the administration fee originates from your client. If so, please provide the contractual term or other legal basis relied upon."

Furthermore I will be forwarding this to CMA to investigate fake costs being added, contrary to the case law of 'A Retailer v Ms B and Ms K' which established that fee fakery is unlawful. Further fees were not art of the contract formed on site

or should i completely refrain from contacting them and wait for another letter or email from them.

Coupon-mad

Wait, like I said.

Samani27

I keep thinking if i wait more then they might slap more costs on. Yes ok will wait. The latest correspondence they sent was the one I uploaded a few days ago and i haven't replied to it.

Right im going to hang in tight and not respond and see what they say next.

Whatever they write etc week upload on here.

Thank you