Notice of Intended Criminal & Civil Proceedings - NBCS on behalf of Frasers Group

[Jepper]

Hi

Similar to many others in this forum I have recvieved an email and a letter from NBCS claiming I should have acted contrary to the Policies & Processes of Frasers Group totalling £149.97 by claimingthat I had not received goods which were in fact delivered successfully.

Stating: "As a result of your actions our member has suffered loss, damages and cost totalling £473.97 and is considering both a formal complaint to the authorities and preparing to pursue this claim in the County Court to recoup their losses. This action will result in further charges being added to the outstanding amount and could lead to a criminal conviction and a County Court Judgement being recorded against you",

In March I bought a rain jacket and a pair of running shoes from Sports Direct online shop. I never received the shoes. I contacted Sport Direct customer service to inform them and requested them to either deliver the shoes or provide a refund. They claimed they were delivered. The delivery service took a photo of the delivery from which you cannot really tell how large the parcel was or its contents. I did not sign for it. Another person on the address did. I asked for proof from Sports Direct that they were in fact in the same parcel but they refused to provide that citing GDPR. After numorous emails trying to reason with them i requested a chargeback via my bank. The bank ruled in my favor and refunded the full amount to my account. I thuught that was the end if that until I recieved the above mentioned letter from NBCS.

Naturally I do not want to pay £473.97 for goods I have never recieved but I also do not want to risk a court hearing. I am security cleared for work and my UK residence permit is also dependant on my job and therefore I cannot risk a CCJ.

This all feels very unfair and frankly quite absurd.

Does anyone have any advice or any experience from the many other similar cases I can read about here and on other platforms?

Any advice is much appreciated.

Thank you.

[echat11]

Hi Jepper

Welcome to LB

a) Send Sports Direct a Subject Access Request, they have 30 days to provide all the data under your account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send Frasers Group / NBCS, an account in dispute letter, make sure you get Proof of Postage.

https://nationaldebtline.org/get-inf...iability-debt/

c) A parcel was delivered and signed for by someone at the address.

The parcel was delivered to your address, it was signed by someone at the address, is that correct?

Was the parcel handed to you? What was in the parcel? Are you disputing the contents?

'They claimed they were delivered. The delivery service took a photo of the delivery from which you cannot really tell how large the parcel was or its contents. I did not sign for it. Another person on the address did. I asked for proof from Sports Direct that they were in fact in the same parcel but they refused to provide that citing GDPR. After numorous emails trying to reason with them i requested a chargeback via my bank.'

[Jepper]

Hi ECHAT11

Thank you for your reply.

I have already sent a Subject Access Request to Sports Direct.

It was delivered to my address and received by someone at my address. Not sure who received it as I share address with my partner's workplace which is a hostel with several employees. I do not know if they signed for it.

The parcel was not handed to me. In the parcel was only a rain jacket that I ordered but not the running shoes.

[echat11]

Hi ECHAT11

Thank you for your reply.

I have already sent a Subject Access Request to Sports Direct.

It was delivered to my address and received by someone at my address. Not sure who received it as I share address with my partner's workplace which is a hostel with several employees. I do not know if they signed for it.

The parcel was not handed to me. In the parcel was only a rain jacket that I ordered but not the running shoes.

I don't think 'the parcel being handed to you' is relevant.

What you are saying is that the shoes weren't in the box. I would say that a huge number of parcels are handed to people
who didn't place the order, but who are willing to except the order on behalf of the person who ordered the parcel.

Check their Terms and Conditions, you would have agreed to them when you bought the goods online.

[Jepper]

I don't think 'the parcel being handed to you' is relevant.

What you are saying is that the shoes weren't in the box. I would say that a huge number of parcels are handed to people
who didn't place the order, but who are willing to except the order on behalf of the person who ordered the parcel.

Check their Terms and Conditions, you would have agreed to them when you bought the goods online.

Thank you.

I don't see anywhere in their T&C that I have agreed to them delivering to someone else. Link to T&C from the order confirmation: Sports Direct Help Centre

[PallasAthena]

I don't see anywhere in their T&C that they have agreed to deliver only to you personally either. It is standard custom and practice to deliver to the address if someone is there to receive it, not only to the named person. Their T&C say:

"For most deliveries the carrier will give you advanced notice by sending you email or text messages, keeping you updated as your parcel makes it's way to you. This also includes sending you an estimated delivery timeslot in many cases so you can arrange for someone to be home.

When delivering any of our standard items, if you're not in the courier will usually attempt to leave the parcel with a neighbour or in a secure location and they'll let you know (by email or leaving a card through your post box). "

The key point here as ECHAT11 has said is that the running shoes were not in the box. SD's response to you that "I asked for proof from Sports Direct that they were in fact in the same parcel but they refused to provide that citing GDPR" is absurd. GDPR has nothing to do with it. Your defence is simple. One box was received and it only had the rain jacket in it, not the shoes. You notified this discrepancy to SD immediately.

It's irrelevant who signed for the parcel because no-one is disputing that one parcel was delivered to your address. AS LONG AS when it did come into your hands the parcel was still sealed and undamaged. Otherwise it would open up the possibility that it was opened after delivery by someone at your address and contents stolen. Was it it still sealed when it got you? Did the sealing look like it could have been tampered with during transit? It's not unknown for boxes to be opened by delivery company staff, the contents stolen, and then crudely resealed with sellotape. It's happened to me more than once.

Did you take photos of the box before opening it? Have you still got the packaging?

Was there a delivery note or other document in the parcel indicating that the shoes were supposed to be in it.

I would also be asking SD what steps they took to find out whether the shoes had been packed into the box when it left there warehouse. Many companies have CCTV covering their warehouses and can check what went into the box but I don't know if SD do.

Has this happenend to you previously when you have bought from SD?

Incidentally even if it went to court and the judge ruled against you there would be no CCJ recorded as long as you paid it within 30 days on the judgement.

[Jepper]

I don't see anywhere in their T&C that they have agreed to deliver only to you personally either. It is standard custom and practice to deliver to the address if someone is there to receive it, not only to the named person. Their T&C say:

"For most deliveries the carrier will give you advanced notice by sending you email or text messages, keeping you updated as your parcel makes it's way to you. This also includes sending you an estimated delivery timeslot in many cases so you can arrange for someone to be home.

When delivering any of our standard items, if you're not in the courier will usually attempt to leave the parcel with a neighbour or in a secure location and they'll let you know (by email or leaving a card through your post box). "

The key point here as ECHAT11 has said is that the running shoes were not in the box. SD's response to you that "I asked for proof from Sports Direct that they were in fact in the same parcel but they refused to provide that citing GDPR" is absurd. GDPR has nothing to do with it. Your defence is simple. One box was received and it only had the rain jacket in it, not the shoes. You notified this discrepancy to SD immediately.

It's irrelevant who signed for the parcel because no-one is disputing that one parcel was delivered to your address. AS LONG AS when it did come into your hands the parcel was still sealed and undamaged. Otherwise it would open up the possibility that it was opened after delivery by someone at your address and contents stolen. Was it it still sealed when it got you? Did the sealing look like it could have been tampered with during transit? It's not unknown for boxes to be opened by delivery company staff, the contents stolen, and then crudely resealed with sellotape. It's happened to me more than once.

Did you take photos of the box before opening it? Have you still got the packaging?

Was there a delivery note or other document in the parcel indicating that the shoes were supposed to be in it.

I would also be asking SD what steps they took to find out whether the shoes had been packed into the box when it left there warehouse. Many companies have CCTV covering their warehouses and can check what went into the box but I don't know if SD do.

Has this happenend to you previously when you have bought from SD?

Incidentally even if it went to court and the judge ruled against you there would be no CCJ recorded as long as you paid it within 30 days on the judgement.

Hi Pallasathena,

Thank you for your reply.

Unfortunately, I do not have the packaging anymore as this is almost 6 months ago and I thought the chargeback from my bank was the end of it. I also have no photos of the delivery, the parcel or any documents in the parcel. It has never happened before with DS or any other company. It did not appear to have been tampered with as this would certainly draw my attention. They also stated in the order confirmation that items might be delivered in separate parcels, and I therefore initially thought it would arrive later, which of course it did not.

SD have acknowledged my Subject Access Request today. They are also informing me that NBCS solely own this case as of now and all communication should be directly with them.

It gives me some peace of mind knowing that this could not end up with a CCJ recorded. But, if you know, could you please tell me what would be worst case scenario in regards to any fines or fees I could end up paying should a judge rule against me.

[PallasAthena]

Can you upload on to here a copy of the letter you received from NBCS. Cover up your name and address and anything that would identify you such as NBCS reference numbers.

They throw in reference to "criminal proceedings" and "fines" just to try and frighten people. Neither NBCS nor SD can prosecute you. They would have to report it as a crime to the police for the police to investigate. There is no credible reason, from what you say, why that should happen. This would be a civil claim (if they brought one - they haven't) and you cannot be fined or get a criminal record for a civil claim.

[Jepper]

Can you upload on to here a copy of the letter you received from NBCS. Cover up your name and address and anything that would identify you such as NBCS reference numbers.

They throw in reference to "criminal proceedings" and "fines" just to try and frighten people. Neither NBCS nor SD can prosecute you. They would have to report it as a crime to the police for the police to investigate. There is no credible reason, from what you say, why that should happen. This would be a civil claim (if they brought one - they haven't) and you cannot be fined or get a criminal record for a civil claim.

I have uploaded a copy of the letter here.

Thank you so much for clarifying this and for your help. It is very much appreciated.

[echat11]

They are threatening all sorts in their communications (criminal etc), that's not what their website says.

'We act on behalf of our members, when requested by them, to conduct recovery of funds through official civil recovery mechanisms.'

https://home.nationalbusinesscrimeso...ked-questions/

[des8]

There are several threads on the forum about these jokers (Just put NBCS into the search bar)

National business Crime Solutions Ltd appear to me as an upmarket Retail Loss Protection outfit.

As with all these so called "civil recovery Firms", they have no teeth, invent scenarios and have an elastic interpretation of the law.

IMHO best dealt with by ignoring them (altho' on this thread https://legalbeagles.info/forums/for...ouse-of-fraser you will find an alternative way of dealing with them)

Read the other threads as a start to see what they are like, and the decide if you want to ignore them or dispute with them1

[PallasAthena]

So their letter goes from £149.97 to claiming you owe £473.97 with no explanation at all of how they got from one to the other!

And what they mean by SD might "make a formal complaint to the authorities" is anyone's guess. They just make this stuff up ad hope it frightens people into paying.

You could just ignore. If I were in your position I might send them one letter (get proof of posting) to the effect that you deny the allegation that you received the goods. You notified the discrepancy to SD immediately on receipt of the parcel. You will not be paying any money to NBCS nor reply to any further corresondence from them.

[Jepper]

So their letter goes from £149.97 to claiming you owe £473.97 with no explanation at all of how they got from one to the other!

And what they mean by SD might "make a formal complaint to the authorities" is anyone's guess. They just make this stuff up ad hope it frightens people into paying.

You could just ignore. If I were in your position I might send them one letter (get proof of posting) to the effect that you deny the allegation that you received the goods. You notified the discrepancy to SD immediately on receipt of the parcel. You will not be paying any money to NBCS nor reply to any further corresondence from them.

Thank you for your advice Pallasathena.

I have done as you suggested and will not be replying to any further correspondence from them.

[Tai]

Hi

i I have had the same letter on Monday. Did anything come of this? I ordered from Next and return my items. I have proof of return from their machine. Yet they are claiming they have not received them. I spoke with Next who said they did have them and provided a letter. I emailed this to NCBS and they have said Next are still claiming that they do not have the items and the amount owed is still being pursued. I have since sent the proof of return receipt but heard nothing back. TIA

[des8]

Tai please do not hijack existing threads.
There is a response on your own thread