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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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SHELL BUDGENS SOUTHAM & Forecourt eye - accused £55 diesel left unpaid - appealed


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I have had a letter from forecourt eye, a company presumably debt collection to pay for unpaid fuel taken.

I did notice this thread here and oddly its the same garage

 

i have lots of photos of evidence etc but will try to explain here.

I pull up in my van at 11.09 and fill 3 fuel cans up £29 and the garage, Shell at Southam, warwickshire, takes a photo of me/van/cans, i go in and i pay £29 on card and have evidence...i then leave.

The `evidence` they've sent is that at 11.33 there is a photo of me and my van and cans (obviously the 11.09 transaction) (which has not time or date on it) and that £55 of diesel was unpaid. Nothing else.

I have appealed and stated that at 11.33 i would have been 7 miles away back in Leamington Spa, and i fill up 3 times a week and i am not even going to guess at what i was doing but go on their evidence, if they could please show me time date stamped at 11.33 then it would be me, if not , it would be someone else. Not me.

Any advice going forward?

 

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FIND.SHELL.COM

SHELL BUDGENS SOUTHAM is a service station with EV charging located in SOUTHAM area. This station includes a Shop, a Car Wash and a Toilet.

 

are these the ones?

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Looking at the other thread, the difficulty have have been solved very sensibly by a single telephone call.

Although it's a nuisance – and of course they shouldn't put you in this position – I suggest that you begin by making that phone call and see if you can resolve it.

If there is any difficulty then come back here and we can give you some further advice

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Who should i be calling?

The garage have passed it on to forecourt eye as a drive off.

Forecourt eye are now asking for the payment, plus admin charge, stating its civil, ive said no its criminal, as it wasnt at 11.09 when i was there so a drive off my someone else, or i did it and didnt intend to pay....

.i am trying to force their hand into calling the police as id rather stand up in court with my evidence (and their lack of) then leave it to a company who will just hound me.

The call has already been made to forecourt eye, no good calling the garage they cant understand you even when you're stood in front of them.

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How did you pay?

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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by card,

i have the transaction on my account, i don't know the time of the photo as it wasn't given......

BUT what they are saying is i haven't paid the diesel £55 at 11.33 BUT I've challenged them stating it isnt me,

they said well the photo is just to show i was there taking fuel,

i said i know that was me at 11.09 filling cans, oh but that could be you at 11.33 i said what £55 of fuel in cans !

It appears they've had zero evidence.

But i think they will just ignore my appeal and say well the garage said it was you so that's that and they have pretty much said so.

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Depends really how long you want to drag this on for?

Can easily be dealt with by a phone call can it not?

Make the call, then see where you're at after that.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Telephone forecourt Eye.

Stay polite – non-conflictual – but if they won't do anything then tell them that they can begin their own action against you and it will be defended.

After that, ignore them until you receive something official through the post.

Keep us updated

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I'm still trying to work out who im supposed to be calling.

I've called forecourteye, as stated above, I've also said no point ringing the garage as they cant understand/speak English.

forecourt eye said the garage wont have the footage anymore....just trying to work out why and who I'm supposed to call.

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Do you still have the receipt

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks bankfodder,

yes i agree with you,

i have made that call, a lengthy call to a helpful forecourteye employee, he made it clear the garage have provided forecourteye with the evidence and that they only send it if they have evidence,

he said is that you i said yes,

is that your van i said yes, i said that was 11.09 or whatever it was filling my cans and i paid £29 and have evidence,

you have ZERO in relation to £55 of diesel,

just a drive off and THEY have given you MY photo at 11.09 of a lawful transaction, and i invited them to contact the police.

The receipt is on my phone on my banking, £29 (3 cans) which i had in my hands, at 11.09...

.i can provide photos if it helps,

i hope im explaining it clearly.

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Okay well make sure you keep everything.

Send them one letter and tell them that they are wrong and that they know where you are if they want to begin a claim. And that you won't be responding to any further correspondence unless it's a claim form.

After that, ignore them

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IMHO, if the garage has washed their hands of it, (and you have a name of the individual saying so)

And this forecourt eye outfit are being as much use as indicators on a submarine, then just ignore everyone and see what, if anything they do.

 

Keep all of your evidence/receipts safe for any future missives.

The garage must know their systems are wrong?

Unless this is some sort of profiteering?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Possibly contact Shell forecourts and let them know of the problem. 

Pitty transaction are not time stamped. A physical receipt would be. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I don't think any of it is worth the hassle of taking more time over it.

One letter – ignore – that's it

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as this has not been pointed out.

can i just make it perfectly clear that forecourteye have ZERO legal powers

they are NOT BAILIFFS and can do stuff and all

only the garage franchise owner could ever do anything, and that would be a civil matter in a county court.

sounds like they need to rewind their tape a little further back to the last user of the pump before you..:pound:

one letter then simply ignore everyone.

dx

 

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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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  • dx100uk changed the title to SHELL BUDGENS SOUTHAM & Forecourt eye
  • dx100uk changed the title to SHELL BUDGENS SOUTHAM & Forecourt eye - accused £55 diesel left unpaid - appealed
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