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Employee loyalty card abuse ***Settled at Mediation***


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Hi all,

 

My son in law to be has gotten himself in a pickle with his previous employer (Stonegate Pubs Ltd)

When he was employed by them as a barman he had a MORE card, Stonegates version of a clubcard.

 

Now he admits to me that he used to swipe it and collect unclaimed points at the bar and yes he had a few free beers and plates of chips when he was out of work and in one of their pubs but since he left they have come after him with a bill which greatly exceeds what he thinks he should owe.

Now I don't have any idea just what his liability is in this instance.

 

I have attached a copy of the letter he received from BLP  but the one thing I note within the wording is they have used the word "estimate" when arriving at a sum of money. This I am fairly sure wouldn't hold water in court on that alone.

 

Also they claim to have gone through CCTV showing him swiping his own card.

Again, I find it difficult to believe that they would sit through hours of CCTV for what is IMO a trivial matter.

 

If it were me I would treat this much the same way as a private parking fine and let them whistle without contact but being a bit green he has replied to them and although not admitting the full amount he has acknowledged there is a problem.

They are already playing hard ball and insisting in full and final payment!

 

Now would he not be entitled to see a breakdown of their "estimate" and also copies of the incriminating CCTV?

 

Any help greatly appreciated.

 

Chris

 

BLP letter.pdf

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ive converted you image to PDF so we can zoom and read.

 

1st..private parking speculative invoices are not fines

 

2nd much the same as above

its a clever letter that doesn't say WILL anything and all these ambulance chasers are doing is trying to line their own pockets with free money that the retailer won't see a penny of.

 

it is safe to ignore them totally.

 

should the RETAILER wish to proceed with this he would get letters from THEM not this bunch of fleecers.

 

please comeback should he, but pigs don't fly!!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX,

 

Thanks or the reply.

 

The original contact was made by the brewery, he failed to mention this.

 

I will paste the email in below leaving out personal info.

 

From: Stefan Sroczynski <[email protected]>
Sent: 14 February 2020 10:54
To:
Subject: Fraud Investigation
 

14/02/2020

Dear

In my role as Fraud Manager for Stonegate Pub Company I was carrying out a scheduled visit to your former place of work, The Bloomery in Sheffield. The purpose of my visit was to investigate till transactions that had flagged up on our IntelliQ system in your name regarding MORE card usage in site.

 

Your name in particular flagged up as it could be seen that a MORE card registered in your name was being scanned on shift with your Zonal till log in.

 

I have a long list of transactions of this happening.

I began to align these transactions against CCTV where you can clearly be seen scanning your MORE card in a fraudulent manner, gaining points from customer’s rounds whilst you are on the bar working.

 

I have a large bank of CCTV evidence showing you take your MORE card from your pocket and swiping it on the till whilst on shift.

 

As you will know this is against many company policies and is not allowed.

Gaining points fraudulently and spending them is treated by Stonegate Pub Company in the same way as someone taking cash from the till.

 

Your card in question (number ********************) has had a lifetime spend of £4126, £3527 of which has been put through on your own till card. This equates to £352.72 of spendable points that have been fraudulently earnt.

 

At time of investigation the remaining balance on the card was £3.37, leaving the fraud total at £349.35.

Stonegate will therefore be looking to recover this money plus the costs of the investigation (£177.60) making the total amount payable by you £526.95.

 

We will give you the opportunity to pay this back to within 14 days of receipt of this email – should you choose not to do so the case will be passed to our partner County Court debt recovery company,  Business Loss Prevention Limited who will recover the money on our behalf.

 

Please contact myself or ER Support ([email protected]) stating how you would like to proceed.

 

Many Thanks

 

Stefan Sroczynski | Fraud Manager Midlands

Email: [email protected]

https://www.justgiving.com/fundraising/StonegateLTC

 

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Another clever letter, intended to put the wind up the recipient.

 

But the devil is in the detail - if your son-in-law doesn't cough up, they threaten to ... get a powerless DCA that can nothing as it's not their debt to, er, send him a letter.  But it'll be a big letter.  That will take ages to open.  

 

He should never have replied and should now start ignoring them. 

We could do with some help from you.

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Can i just say that your son is one of 100's a month that this kind of issue arise.

 

even outside of todays climate, there are no examples of employers taking court action, and, his sum is tiny in comparison to others

shame he responded at all

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks again folks for the advice. The general consensus seems to be to ignore this and leave it to them to follow up if they choose to. I guess we;ll just have to wait and see if they are are just out on a punt or if they mean it. If its the second we''ll cross that bridge when we het there.

 

Chris

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they being Stonegate Pub Company

 

they must abide by the Pre action protocol and send a 30 day letter of claim. before they can ever issue a court claim (never seen one)Stonegate Pub Company

 

if you get a letter of claim from a SOLICITOR not powerless BPL who state their client as Stonegate Pub Company comeback here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nermina Webster is a solicitor but the company she owns isnt a regulated business so THEY cant act on behalf of Stonegate if it is decided that court is the route to take.

Investigation costs are a moot point- the person doing the work will be employed anyway so unless outside auditors used just for thsi job (for example) they cnat charge

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  • 7 months later...

Hi all,

 

He has been accused of swiping his loyalty card and collecting unclaimed points whilst working in a pub for the Stonegate Group.

 

He received a few threatograms from an RLP company and I told him to just ignore them and they will most likely go away. Thing is they haven't.

 

They have now launched proceedings against him and demanding a stupid amount of money.

Its almost certainly a speculative claim like most.

 

Unlike a credit claim with which I have had dealings and thanks to this excellent community managed to defend successfully, I'm not sure how to go about advising him to defend it?

 

Firstly, can he make a request for info under CPR 31.14 for all case notes/files etc?

I'm guessing he can?

 

Also, as far as a defence goes, this isn't particularly straightforward because he has been accused of what I guess is a criminal act so there is no way of defending this on the strength of incomplete paperwork, proof of ownership of a debt or anything.

 

I have attached a copy of the summons with all personal info removed for your info.

 

Any help would be greatly appreciated even if its only a few pointers.

 

In my eyes though, if they have sound evidence supporting their claim surely he has a right to view it before anything else?

 

Cheers :)

Summons.pdf

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  • dx100uk changed the title to StoneGate Pubs co ltd/Freeths Claimform - Employee loyalty card abuse

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

A few initial ideas.

 

You mention a criminal act, but this is a civil action to recover money the pub chain reckon he owes them.  Nothing criminal about it.

 

They state he built up & spent £349.35 he wasn't entitled to.  Well, let's see later if they really can prove this.  Of course he can go for a CPR request.  You say he "had a few free beers and plates of chips" so it would be a good idea for him to start listing, as far as he can, dates, places & amounts he did spend.

 

I wonder how they get this £177.60 cost of the investigation.  Presumably the fraud manager is employed and would have got his salary anyway.  Judges don't like made-up amounts being included in court claims.

 

Did he get a Letter Before Claim?

 

 

We could do with some help from you.

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Hi all,

 

Summons Info info as follows.....

 

Name of the Claimant ? Stonegate Pub Company Ltd

Porter Tun House

500 Capability Green

Luton

LU1 3LS

 

Date of issue – Nov 19th 2020

 

Date to submit defence   21st Dec 2020

 

Particulars of Claim

 

1.      Whilst the defendant was employed by the claimant the defendant sold goods belonging to the claimant receiving full price and purporting to account therefor but only accounting for part thereof and retaining the balance for his own benefit.

 

2.      The defendant has thereby (1) stolen, and/or (b) failed to account and/or (c) committed a deceit and/or (d) been unjustly enriched by the amount retained.

 

3.      The claimant suffered a loss from the defendants actions of £526.95 including the cost of investigation.

 

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 22/12/2019 to 18/11/2020 on £526.95 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.23.

 

What is the total value of the claim? £735.91
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes, notice of civil claim
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
 

When did you enter into the original agreement before or after April 2007 ? N/A
 

Do you recall how you entered into the agreement...On line /In branch/By post ? N/A
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? N/A
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. No, Claim issued by BLP
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not as such assigned, just received letters from BLP claiming to be acting on behalf.
 

Did you receive a Default Notice from the original creditor? N/A
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N/A
 

Why did you cease payments? N/A
 

What was the date of your last payment? N/A
 

Was there a dispute with the original creditor that remains unresolved? N/A
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

As a lot of the questions above relate to credit Ive had to N/A quite a few but everything else is answered. If it helps I can post the other two letters he received one of which is a final demand.

 

Lastly, does he have a right to see any evidence they claim to have against him under CPR?

 

Cheers, Chris

 

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/


Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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CPR is merely a request, they don't have to comply.  However, if this gets to Witness Statement stage they will certainly have to show their cards at that point.

 

Yes, please redact & upload the other two letters.  We're particularly interested to see if they sent him a formal Letter Before Action or not.

 

Also please post up what he wrote to them.  In your first post you hint he admitted part of the sum. 

We could do with some help from you.

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so somehow they managed to turn some possible £352.72 into £738

 

unicorn food tax of some £200+ added by BLP then...

section 69 int 22/12/2019 to 18/11/2020 on £526.95

 

and section 69 interest on that £200+ unicorn food tax from 22/12/19 till settled

 

they cant do that.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx, does what they sent on 02 October count as a Letter Before Action?

We could do with some help from you.

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nope

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

On the one hand the case could be difficult, as you heavily hint your SIL isn't blameless and made some partial admission.

 

On the other hand if he gave in now he'd be stung for costs and if he lost the court case he'd be stung for essentially the same costs, so IMO he might as well fight it.  Then we have

   - let's see if they really can justify the £352

   - £200 Unicorn Food Tax as dx says, judges don't like this sort of thing, it's not up to your SIL to pay the fraud manager's salary

   - no Letter Before Action.

 

You still haven't told us what he said to them, or how.

 

In the CPR request make sure you demand copies of the CCTV they go on about and the dates, times & amounts of how they calculated £352, etc.

 

 

We could do with some help from you.

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Thanks for your input folks,

 

Yes, my SIL isn't blameless and to be fair he's always said this. However he swears he hasn't gotten no where near what they are demanding and although it's irrelevant he was one of many doing what he did.

 

He has made contact with them once before he spoke to me about it and to be honest I don't know what form it took and what was said but I will find out and come back with an update tomorrow.

 

Comments about CPR noted and I have asked for all evidence including CCTV footage or at least access to it and a breakdown of how they came to that ridiculous figure and documentation to support it.

 

Chris

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ok lets try and focus things here

 

forget their previous letters - they mean nothing.

 

the CPR request can only refer to documents or implied documents mentioned in their POC.

so word the CPR Intelligently!

 

first you've also got to understand this is a very very speculative claim....

they are flying a very heavy kite here in extremely light winds and hanging a very big weight on it - (it is worthy to return to posts 7&8 above)

 

IF they did have any case they would goto a magistrates court as it would be a theft charge. not a county court for a sum of money

 

they haven't and the POC is absolutely laughable...

 

12 hours ago, ChrisS1968 said:

2.      The defendant has thereby (1) stolen, and/or (b) failed to account and/or (c) committed a deceit and/or (d) been unjustly enriched by the amount retained.

 

carefully note they don't know WHAT they are going to court for else they wouldn't be putting and/or between the various allegations.

 

they are expecting the defendant to wet themselves and cough up or go crying on the phone to them and it never gets to court, or mummy and daddy bailing the family name out and coughing up ...oh the shame oh the local papers...you've destroyed us...BS!!

 

first 1 stolen...no it's not theft else you'd be facing a charge of theft in a magistrates court and the potential/resultant imprisonment or fined.  they should not even be including that word and i'm sure it will be dealt with in your WS by the experts when the time comes..

 

b) no he didn't fail to account as if he did they would not know about it!!

 

c) committed deceit - what deceit??  about what ...they don't specify... but what that is in moneywise (all they can claim in a county court) actually IS in value and how it contributes to the claimed figure is very debatable without PROOF of every penny it adds.

 

d) unjust enrichment - again this is another word for theft..if he stole something then it would be a criminal magistrates charge of employee theft and he would have been arrested by the police and duly charged with such.   its NOT.

 

so, what does one ask for in a CPR..again as i say, taking the words in the POC exactly and ignoring everything previous...

 

i'm at a loss, because asking for CCTV, till transaction data, More Card statements etc etc etc admits he know what they are going on about...and the poc does not say bar...

 

12 hours ago, ChrisS1968 said:

1.      Whilst the defendant was employed by the claimant the defendant sold goods belonging to the claimant receiving full price and purporting to account therefor but only accounting for part thereof and retaining the balance for his own benefit.

 

what goods did the defendant sell belonging to the claimant that they only partially paid for ???

it was a rewards scheme, they got the full price of the transaction everytime just the defendant claimed points against them

he did not retain any balance for his own benefit ....see it doesn't even HINT it was a reward scheme.

 

be very very careful what you ask for as it can result in  admittance you know what hey hell they are going on about to a judge later in the case saying..well you asked for xyz so must know what you did wrong.

 

needs very careful thought..

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

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14 hours ago, dx100uk said:

be very very careful what you ask for as it can result in  admittance you know what hey hell they are going on about to a judge later in the case saying..well you asked for xyz so must know what you did wrong.

 

Thanks dx.

 

While I understand that the CPR request must only refer to the Particulars of Claim, if the OP was challenged in the way you say could he not just whip out the previous letters he received where the accusations against him are very, very specific?

 

Maybe the solution is to make the CPR request mirror the general PoC.  Maybe ask for

   - which goods the claimant is referring to and which balance of the price the defendant retained for himself in PoCWhilst the defendant was employed by the claimant the defendant sold goods belonging to the claimant receiving full price and purporting to account therefor but only accounting for part thereof and retaining the balance for his own benefit

   - a breakdown of how the figure of £526.95 was arrived at including the date, time and amount of each alleged selling of goods

   - copies of, or links to, any evidence in any form they possess of the alleged selling of goods.

 

Apologies if I'm making a pig's ear out of this, I know very little about CPR especially in a  complex case like this, and am thinking out loud.

 

I think it would be a good idea if the OP would post a draft of what he proposes to send and we can then fine tune it.

We could do with some help from you.

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i'm not sure how to go about it TBH

let andy advise..

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Evening all,

 

Ive drafted a CPR request and will attach it to this post for comment.

 

However..............................

 

Having spoke to my SIL 5 minutes ago, He e may well have sunk himself due to inexperience. He has now told me (cant believe this) that he emailed Stonegate when they first contacted him by letter & email asking how it could be resolved. I'm by no means a legal expert but in my mind that is pretty much a physical admission of guilt whether it was for 50p or £350.00!

 

I will paste in the email chain below, I'll highlight Stonegate in red text. I think he's screwed to be honest and I'm now not entirely sure about the few pints and a plate of chips version of events.....

 

1st Email from Stonegate to my SIL

 

14/02/2020

Dear *******,

In my role as Fraud Manager for Stonegate Pub Company I was carrying out a scheduled visit to your former place of work, The Bloomery in Sheffield. The purpose of my visit was to investigate till transactions that had flagged up on our IntelliQ system in your name regarding MORE card usage in site.

Your name in particular flagged up as it could be seen that a MORE card registered in your name was being scanned on shift with your Zonal till log in. I have a long list of transactions of this happening. I began to align these transactions against CCTV where you can clearly be seen scanning your MORE card in a fraudulent manner, gaining points from customer’s rounds whilst you are on the bar working. I have a large bank of CCTV evidence showing you take your MORE card from your pocket and swiping it on the till whilst on shift.

As you will know this is against many company policies and is not allowed. Gaining points fraudulently and spending them is treated by Stonegate Pub Company in the same way as someone taking cash from the till.

Your card in question (number 3086166500918965) has had a lifetime spend of £4126, £3527 of which has been put through on your own till card. This equates to £352.72 of spendable points that have been fraudulently earnt. At time of investigation the remaining balance on the card was £3.37, leaving the fraud total at £349.35. Stonegate will therefore be looking to recover this money plus the costs of the investigation (£177.60) making the total amount payable by you £526.95.

We will give you the opportunity to pay this back to within 14 days of receipt of this email – should you choose not to do so the case will be passed to our partner County Court debt recovery company, Business Loss Prevention Limited who will recover the money on our behalf.

Please contact myself or ER Support ([email protected]) stating how you would like to proceed.

 

Many Thanks

 

Stefan Sroczynski | Fraud Manager Midlands

Email: [email protected]

https://www.justgiving.com/fundraising/StonegateLTC

 

1st Reply by SIL

 

> -----Original Message-----
> From: *********** <******@hotmail.co.uk>
> Sent: 14 February 2020 12:17
> To: Stefan Sroczynski <[email protected]>
> Subject: More card e-mail
>
> Hi Stefan,
>
> I’m reply regarding an e-mail I’ve received off you about more card use.
>
> Just wondered how I go about solving the issue?
>
> Many thanks
>
>**************

 

Next reply from Stonegate

 

> On 14 Feb 2020, at 12:27, Stefan Sroczynski <[email protected]> wrote:
>
> Hi *******,
>
> Thank you for your quick response.
>
> If you are willing to make payment to close the case I can pass on Stonegate account information for you to make a bank transfer.
>
> Once we receive payment the case will be closed our end and no further action will be taken
>
>
> Many Thanks
>
> Stefan Sroczynski | Fraud Manager Midlands
> Email:
[email protected]
> https://www.justgiving.com/fundraising/StonegateLTC

 

2nd Reply by SIL

 

From: ************ <*******@hotmail.co.uk>
Sent: 14 February 2020 12:36
To: Stefan Sroczynski <[email protected]>
Subject: Re: More card e-mail

 

Hi Stefan,

Would it be possible to set up some sort of payment plan as I really don’t have that kind of money to hand all in one payment I’m afraid, but I do want to sort it out

Thanks
****************

Next reply by Stonegate.

 

From: Stefan Sroczynski
Sent: 14 February 2020 13:00
To:
Subject: RE: More card e-mail

 

Hi *********,

 

Our policy is to only accept a single payment within 14 days otherwise the debt is passed on to Business Loss Prevention Ltd.

 

If you would like to make payment the account details are:

 

A/C 13711706

Sort Code 20 00 00

Ref. ************

 

Amount is £526.95

Many Thanks

 

And this is where it ends and most probably any chance of defending it. He could of course claim that he acted out of panic and not fully understanding his rights but.....oh I dunno......

 

 

Chris

CPR 31.14.pdf

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