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Small claims help for SAR advice please

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  • Small claims help for SAR advice please

    Hello guys
    forgive my nerves and please read through
    in Jan 2018 I joined a energy company I will not name
    something badly went wrong in Dec 18 they needed to raise money fast so ignored meter reads and estimated everyone’s usage and increased the DD overnight by 70%+
    in my case my electric DD was £40- £45 and overnight at one point flew up to £440 a month.
    if you didn’t / couldn’t pay then a £25 fee per transaction was added.
    obviously it hit newspapers etc and they reverted.

    in my case I was not in arrears so I could simply switch which I did.
    but my energy company rang me regarding the uplifted DD
    pit seemed I had to pay it so I was not in arrears although I had read debt over 28 days couldn’t be used against me.

    anyway I went to my bank and cancelled the DD
    a week before Xmas to my horror a amount for £440 was removed from my account via visa debit card to a company I had at that time never heard of
    i informed bank and police immediately
    police stated they could not help and referred me to bank
    bank refused to help as the company had my long number and expiry date and reverse 3 numbers
    I lost
    it turns out the unknown company that took my money was parent company of the energy company
    earlier in the year I had topped up my account using my cash card, the parent company had retained my card details and given them to parent company.
    i complained to OFGEM after going through revolver and got nowhere.
    i formal raised a bank complaint and lost as it was for me to prove I hadn’t authorised the transaction.
    obviously my stance as a guy knowing nothing about law stated all calls are recorded and the tape will verify I did not give permission for my card details to be passed on to another company and used
    my claim for fraud was dismissed
    so I served a SAR on my energy company on 18 December 18 and again in January 19 both these requests were ignored
    I complained to ICO who investigated and got no reply
    now the ICO has got immense powers, but in my case will not enforce the production of the SAR so I can prove fraud.
    3 months later I have switched energy providers and got my refund.
    the problem it seems is the parent company took my money from my card but as it was Xmas didn’t update my energy provider leaving me technically £400 in arrears on an account billed on estimated readings and influenced by there double winter DD scheme.
    i would like my SAR from my energy company so I can go to the bank and complain they were wrong for not supporting me.
    please don’t advise Ombudsman they simply do not work
    banking ombudsman state I need to prove fraud as the company had my full details
    i cannot prove this without gaining the recordings via a SAR
    the energy company refuse to give SAR as obviously it opens them for litigation and the ICO who enforce the SAR simply are not enforcing data protection rules.
    OFGEM are investigating (since Dec 18) but will not comment and may not inform me of any outcome.
    so my question for your suggestion is to issue a online small claims court action
    i need correct wording please to ask the court to command the energy company complies with my Subject access request which I am legally entitled to
    can anyone advise please?
    Tags: None

  • #2
    Hi & welcome

    Just to check, is the energy co still trading?

    If so, did they give you a month's warning of the price hike?

    Could you expand a bit on

    "so I served a SAR on my energy company on 18 December 18 and again in January 19 both these requests were ignored
    I complained to ICO who investigated and got no reply
    now the ICO has got immense powers, but in my case will not enforce the production of the SAR so I can prove fraud"


    Why did the ICO not follow this up?
    Do you have proof of sending the SARs?
    Last edited by charitynjw; 13th March 2019, 05:26:AM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Yes it is

      Comment


      • #4
        & the Q re ICO?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          On a separate note the head office of the energy company blocked my reviews on trust pilot
          and issued a poorly written threat of libel demanding I shut up or pay them 10k
          i accept its irrelevant

          Comment


          • #6
            To substantiate my claims I need my SAR to prove money was taken incorrectly
            without the SAR I cannot explain why a company I had no dealings with had all my bank card details
            i do not record telephone calls to my own energy company I don’t think anyone does
            so me saying what I have here I am open to litigation as I cannot prove to you this happened
            im in a big mess

            Comment


            • #7
              But to add to the confusion
              my energy provider was outfoxthemarket
              the company that took the money I disputed is Fischer energy
              the refund was from foxglove energy
              the company threatening me for my Trustpilot review and Facebook is Bastian PLC
              sorry it’s very very confusing
              i have bank statements / letters / everything I need to prove what I am saying is true
              i just need that telephone recording so I can go to bank to prove money was taken fraudulently
              then im hoping bounced DD etc that wouldn’t of bounced will be refunded etc
              but again today I am ok I am out of danger other than possible libel action obtained whilst gaining advice
              i think you guys can see why I’m here, these are bullys and big companys
              and I’m a dumb ex HGV driver disabled on benefits

              Comment


              • #8
                Was your negative review in any way abusive?

                https://www.moneysavingexpert.com/ne...to-vent-fury-/

                I'd hazard a guess that you're not the only person receiving letter like that!

                GUIDELINES FOR COMPANIES' USE OF THE TRUSTPILOT SERVICE

                12 Threats against Users and Trustpilot employees

                Companies may not threaten, abuse or blackmail Users. Threats include making unjustified claims for damages in order to have specific reviews (typically negative) removed.

                Further, we do not tolerate threats against Trustpilot employees. Under no circumstances will we accept such behaviour.

                We consider threatening or abusive behaviour a material breach of the agreement between the Company and us, which can lead to us immediately blocking the Company's account and filing a report with the relevant authorities.

                https://legal.trustpilot.com/company-guidelines
                Last edited by charitynjw; 13th March 2019, 06:02:AM.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  No my review was a transcript emailed to me after a chat online
                  it was blocked on Trustpilot as it named members of staff
                  they alledge every thing possible from racism, sexual harassment you name it
                  Facebook have strict guidelines I not heard from them
                  this was review I left in full on Trustpilot it’s still on my account blocked
                  i had to prove to Trustpilot I was genuine with driving licence and the copy of transcript demanding my refund 8 weeks after I left
                  there chat log with advisor is emailed after call and I edited my personal details out
                  i have full email still
                  but what would you say? Foxglove also trades as outfoxthemarket…

                  Foxglove also trades as outfoxthemarket
                  I have bank statements to prove this
                  legal threats to remove this review
                  This is my only review of Outfox the market
                  I have proven I am a customer
                  I have like others been issued a legal pre notice of court proceedings to prevent me publishing my review
                  Search outfox the market escapees for full details
                  Below is a full transcript of chat message now I escaped and want a refund

                  Every negative post blocked
                  I finaly escaped 9 January 2019.
                  And in responce to we refund in days a senior manager called Ken ordered my refund. Below is transcript from there web chat
                  I have the email as proof and screen shots for trust pilot
                  Address deleted for obvious reasons

                  Chat conversation with Matthew
                  Overview
                  Operator Matthew Date 18/2/2019
                  Conversation
                  DARREN joined the chat
                  DARREN
                  1:49 PM
                  How long it take for a refund?
                  Matthew joined the chat
                  Matthew
                  1:50 PM
                  Hi

                  Before we get started I'll just need a few pieces of information from you so that I can confirm your identity: 1. The first line of your address 2. The postcode of that address 3. Your telephone number
                  DARREN
                  1:50 PM
                  I’ve not been a customer since 9 january

                  26a XXXXXXXXXXXXXXXX
                  Matthew
                  1:50 PM
                  hi
                  DARREN
                  1:51 PM
                  nrXXXXXXXXXX

                  just wondering when I’ll get the refund Ken promised
                  Matthew
                  1:51 PM
                  Hi

                  just checking now

                  refunds take up to 14 working days
                  DARREN
                  1:52 PM
                  so When will I get mine please?
                  Matthew
                  1:53 PM
                  requested on the 04/02
                  DARREN
                  1:54 PM
                  Then it’s 14 days
                  Matthew
                  1:54 PM
                  Mr DARREN, I am experiencing some technical difficulties with my system. Please accept my sincere apologies for the inconvenience; my colleague Fiona will be taking over this web chat.
                  Fiona joined the chat
                  Matthew left the chat
                  DARREN
                  1:55 PM
                  Hello fiona
                  Fiona
                  1:55 PM
                  Good Afternoon DARREN. My name is Fiona Please give me 30 seconds to review the progress so far, and I will be right with you to assist you further. Thank you.

                  I can see indeed that Mr Ken put a note on the account in regards to this. The process usually takes up to 14 working days, but usually it is done within 3-5 working days after the request gets approved by my relevant department. I have requested for this to be send to you as a matter of urgency by my refund department

                  We do apologize for any inconveniences.
                  DARREN
                  1:59 PM
                  Ok just wondering so I’ll give it another few days?

                  or will it be 14 days from today?
                  Fiona
                  2:03 PM
                  Please allow it few more days as I have requested this to be done as a matter of urgency
                  DARREN
                  2:03 PM
                  Ok thankyou
                  Fiona left the chat
                  This chat was closed by the visitor.

                  Comment


                  • #10
                    Originally posted by charitynjw View Post
                    Was your negative review in any way abusive?

                    https://www.moneysavingexpert.com/ne...to-vent-fury-/

                    I'd hazard a guess that you're not the only person receiving letter like that!

                    GUIDELINES FOR COMPANIES' USE OF THE TRUSTPILOT SERVICE

                    12 Threats against Users and Trustpilot employees

                    Companies may not threaten, abuse or blackmail Users. Threats include making unjustified claims for damages in order to have specific reviews (typically negative) removed.

                    Further, we do not tolerate threats against Trustpilot employees. Under no circumstances will we accept such behaviour.

                    We consider threatening or abusive behaviour a material breach of the agreement between the Company and us, which can lead to us immediately blocking the Company's account and filing a report with the relevant authorities.

                    https://legal.trustpilot.com/company-guidelines
                    Trust pilot have seen the legal threat
                    and my review still blocked as it upsets there terms and conditions
                    ive proved my identity and my customer experience
                    but so many are gagged
                    i realy need my SAR to prove I was defrauded

                    Comment


                    • #11
                      Was your negative review libelous?

                      Btw

                      http://www.legislation.gov.uk/ukpga/...tion/2/enacted

                      http://www.legislation.gov.uk/ukpga/...tion/3/enacted
                      Last edited by charitynjw; 13th March 2019, 07:02:AM.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Trustpilot tend to remove things first and ask questions later - the chat log could have the names redacted.

                        did you write any other text or is the defamation on that post said to be that foxglove is outfox ? ( as the rest isn't defamation ) Other than the dd comms is there any evidence that they are the same company ?

                        The FB groups etc are more likely to be their complaint although they don't state what the posts are they are complaining of and what meaning they attribute to them, not what 'serious harm' has been caused.

                        You did get your refund from outfox didn't you ? so your complaint is only against the bank now ? and the ICO re the lack of response to the SAR?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Originally posted by charitynjw View Post
                          Was your negative review libelous?
                          I posted the review above in full minis personal details

                          Comment


                          • #14
                            Ah same director https://beta.companieshouse.gov.uk/o...E/appointments
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              I;ve added a couple of things to my last post.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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