Small claims help for SAR advice please

[Dazzleparker]

The FB pages is an insignificant group of 20 odd customers
I would say hardly unable to bring down a PLC energy company
the fact they all got charges etc on there accounts and not submitted accounts again is in public domain from company house.
if they sue me I’ll have to accept pants down sadly
but my stance is if the company hadn’t abused me it’s doubtful I would ever knowingly speak to another customer in my lifetime.
and I am not going to lie with my intention of SAR I am asking to prove I have been wronged.
why else would anyone ask for a SAR other than to prove something isn’t right with the account.
again I feel hard done by as everyone who get there SAR don’t read it and file it away, it’s used to show something is wrong and needs rectified
but as it stands I can’t satisfy my statements
do you think a judge would not agree with me?

[Amethyst]

Ok well, warning givenxxxNot saying that is what you have done but just have a read back through your postings with fresh eyes and consider.

So, you had a complaint about a sum being taken from your account without authorisation .... the money has been refunded, so your complaint is now against your bank for allowing a DD to be set up or card payment to be taken without authority ? That complaint can be looked at and taken forward through the financial ombudsman if needed. Can you identify any costs that were incurred due to the payment going out when it shouldn't have ?

And the company have ignored your SAR and SAR reminder. The ICO agree they are in breach. So it's whether you want to send a letter before action to them regarding taking the Data Protection issue to court ?

There is some argument as to whether it would be a part 8 claim for specific performance or not but so you have an idea of costs to issue the claim is £308. https://assets.publishing.service.go...3/ex50-eng.pdf

[charitynjw]

If you think the ICO themsleves haven't dealt with this appropriately, you can complete & return this "complain about us".

[Dazzleparker]

The bank annoyed me
they listened to me state that debit I didn’t authorise and sided with Fischer energy
I did get a refund not from bank or there help
but eventually when all my usage was added up any monies overpaid was refunded
this took 12 weeks
I do believe my bank had a responsibility to stand be me as a customer.
i need to prove to bank that Fischer energy lied to the bank when they assured them I had agreed
yes I understand your comment about my remarks and I won’t lie I wish the company that wrecked Xmas almost gave me a stroke bankrupt along with wishing those responsible health issues, it’s wrong I accept that.
but I had saved up to visit family over Xmas I don’t get to see much, presents (I know not needed but I had saved)
the fact I woke up and all my plans scrapped gone AFTER going into my bank a week earlier sitting with an advisor and getting DD etc blocked ruined me
i stupidly did not anticipate my energy company would use a diffrent name to steal my money
the aftershock of bills bouncing impacted into the new year.
trying to explain to everyone my situation and hearing they can’t do that from absolutely everyone I know didn’t help matters along with if they done that to me I would ... has probably added to my determination to resolve
basicly I just want to say to a judge look I’m on a low income, im not the smartest cookie in the jar and I was abused terribly buy my chosen energy company at the worst possible time
i feel badly let down by my bank, to me it was theft and this was in my complaint which may not of helped me

there must be something I can say to a judge
imagine a few days before Xmas every available finance you had gone, your bank listened and didn’t act
im no Angel I accept I was / am furious with it all.
just seems I cannot catch a break, I pay my bills I live within my means I don’t normaly wish bad things on people or company’s (that often)
i accept 2 wrongs don’t make a right but at present the company win by doing what they did and provoked us to have current views and they going to earn out of that

[Dazzleparker]

I am happy to pay the expected £308
will hurt
but least I can go into bank and say there you go I was right and you guys should of listened
might help in my explanation in the libel fight that I was provoked and not a random nutter picking on a energy company

[Amethyst]

SO, the company tried to take the DD out after you had cancelled it, the DD failed ( as you cancelled it ) and they then took the amount using your debit card, which you had previously used to make a one off payment on a bill ?

[Amethyst]

The court looks at the law. Ombudsman looks at fairness ( and the law), I'd consider making a formal complaint to the bank and taking it to the financial ombudsman.

Do you have the response from your bank about your complaint over the card payment ? or was that just on the phone?

And do you still have access to your online account at OTM or copies of the bills / transactions ?

[Dazzleparker]

SO, the company tried to take the DD out after you had cancelled it, the DD failed ( as you cancelled it ) and they then took the amount using your debit card, which you had previously used to make a one off payment on a bill ?

Yes
but because I had blocked them at the bank they took the money out via Fischer energy”
i had never dealt with Fischer energy before or after
this is why I was upset

[Dazzleparker]

The court looks at the law. Ombudsman looks at fairness ( and the law), I'd consider making a formal complaint to the bank and taking it to the financial ombudsman.

Do you have the response from your bank about your complaint over the card payment ? or was that just on the phone?

And do you still have access to your online account at OTM or copies of the bills / transactions ?

No I had in writing the complaint I will dig it out
basicly the bank stated it was not theft or fraud
i had given Outfoxthemarket permission by divulging my security details and a debit card payment is as good as cash and not protected like DD payments
fischer energy wrote a statement I was aware and agreed and suggested I was trying to avoid a debt
my argument of Fischer should supply the telephone recording to satisfy there claim was met with it was for me to prove I did not give permission not for them to prove they did as I made the accusation
but if later it transpires and I can prove I was correct they committed a very serious banking error

[Amethyst]

Okay back to first post as we got a little sidetracked

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.

Okay so the question is were the company entitled to retain your card details, including the three security numbers, as a continuous payment authority to use as a back up payment method if the DD failed.

Debit card payment that you made legitimately due to the air conditioning issue - was that made online or by phone ?

[Dazzleparker]

Yes in July I realised the air conditioning unit was using more electric than I budgeted for
i gave monthly meter readings and as on low income I monitor things
i spoke to outfoxthemarket and rather than have the DD increase I made a payment on my card for £100 as obviously using the air con had stopped
my normal DD were taken as usual it was a one off payment
they never took anything else from card after that
but when a DD demand was made for £400 in December I cancelled my DD to prevent them taking it
it appears they then took the payment via another company off the card details I had used
i was told that is totally wrong and ilegal, a realy bad thing.
my bank challenged Fischer after I complained who assured my bank I was aware and gave permission to Fischer energy to take money and then pass to outfoxthemarket
thats all it took was a confirmation from Fischer energy and my bank hung me out to dry with the advice I be more responsible on who I gave my card details to

[Amethyst]

I completely agree with you they should not have taken the payment using your card details as they had only been given them for a one off payment.

http://www.legislation.gov.uk/uksi/2...0170752_en.pdf ( pages 48 on for ref )
inc.

(g)not use, access or store any information for any purpose except for the provision of a payment initiation service explicitly requested by a payer;

also section 75 - Evidence on authentication and execution of payment transactions

Did you take the complaint with the bank to the FOS ? Do you have a copy of the banks final resolution letter?


FOS previous case 82/03
consumer complains that money was taken from his bank account under two continuous-payment authorities set up without his knowledge

Mr C, who had recently started up in business on his own as a health and safety consultant, ordered some business cards from an online supplier, BG Ltd. The total cost was £9.99 and he paid online, using the debit card for his business account.

Several months later, while checking through his bank statements, Mr C noticed that regular monthly payments of £9.99 were being made to two separate businesses. He had never had any dealings with either of the businesses but recognised their names and believed them to be associates of BG Ltd.

He therefore contacted BG Ltd and asked it to arrange a refund. By that stage a total of £139.30 had been paid from his account to the two businesses. BG Ltd sent him only a partial refund, leaving £99.50 still in dispute.

Mr C's bank said it was unable to help, as he must have entered into continuous-payment authorities. Unable to persuade the bank to refund any of the money, Mr C then came to us.

complaint upheld
Mr C was able to provide clear and convincing evidence of his transaction with BG Ltd. We were satisfied that he had used his debit card to pay BG Ltd in full for the business cards. However, he had not provided any continuous-payment authorities to the businesses that had subsequently debited his account each month. So we did not consider that the bank had any authority to make those extra payments.

The bank argued that it should not be obliged to refund the money, since the terms of its agreement with the card payment network meant it had no option but to make the payments. We said that Mr C had not been party to the agreement - and had never authorised the payments - so we could not see that he was liable for them. We upheld the complaint and told the bank to refund Mr C's account with the outstanding amount. We said it should also pay him £100 for the inconvenience he had been caused.

[Dazzleparker]

Yes I will dig the banks final resolution letter out
but the onus of proof was firmly on me
so obtaining a SAR is my only way of proving what I am saying
ive passed the deadline needed to complain to banking ombudsman

so although ugh I don’t expect you to approve of my rants and hatred I hope you understand there honestly was no other way of venting things.

i understand the energy commission have changed requirements on who they issue energy licences to as so many small ones went pop but it does not help those stuck with smaller companies
again I cannot complain to energy ombudsman until I can demonstrate the truth in what I am saying
basicly in December they took the summer readings of customers and doubled the usage
then everyone instantly technically in arrears so added arrear payments and split the DD 70/30
they did go on tv and apologise and reverse there descision but by then people had started to switch and to do the switch I had to pay again what they classed as arrears as the card payment had not reached my account or they block the switch
as i said I normaly pay £40 -£50 a month DD
in December 2018 i paid in excess of £800 so I could switch

[Amethyst]

Yes I will dig the banks final resolution letter out
but the onus of proof was firmly on me
so obtaining a SAR is my only way of proving what I am saying
ive passed the deadline needed to complain to banking ombudsman

This transaction was December 2018 ?

a week before Xmas to my horror a amount for £440 was removed from my account

When did you make the complaints ? The bank have 8 weeks to final response (so why we need to see their final letter) and then you have 6 months to take it to FOS.

Re the rants, I understand the rants,and get why you are so angry, just be careful they don't overflow into irrationality and stab yourself in the foot xxx

[Dazzleparker]

I’ve shot myself in both feet lol
the whole thing is a nightmare honest once I was sane.
but as I said everyone I speak to laugh, honestly if one more persons says they can’t do that lol
they did.
ill nip into bank as I can’t find the final letter
i made the complaint in bank just before Xmas when it was discovered