Small claims help for SAR advice please

[Amethyst]

Yip cool. See if they can give you that response letter, then you can take your complaint to the FOS. The FOS will get the info off the bank, and potentially off the OTM people. You want to have a look at your bank statements from after OTM took that money from you and see exactly what impact it had on you so you can express to the Ombudsman what resolution you are looking for.

You made a single telephone payment to your energy supplier. They saved your details and security CVV and used it again, X months later, to take money without authorisation as you had a dispute with them and had cancelled your DD. You complained to your bank as it was not an authorised transaction and the bank refused causing x, y z to happen.

Don't rant about the irritations of OTM keep it to the transaction issue.

Also actually while you're at the bank check what the name on that first, authorised card payment for the £100 extra due to the air con unit, shows as on your statement.

[Dazzleparker]

You guys make it sound so easy
honestly it’s been hell
but whilst I been away there’s a newspaper also trying to publish the story but having legal challenge to be heard Friday so will be out on Sunday from sounds of it and covered by a few
hes even taking legal action against newspapers
the legal letter I received above is to be featured

[ploddertom]

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

Unless it has changed since I did it an application like this is classed as a non-money claim.

[Dazzleparker]

Excuse my drawings
as you can see from what I’m hoping is first pic

7 Dec 18 outfoxthemarket DD £156.83 in red
I then cancelled any more transactions with bank
then on 14 December a Fischer energy DEB debit card payment for £449.06
then on 21 Dec 18 I made a testcase payment for £1 to check my bank details showowing Outfox
then after all the drama last kick in nuts
21 December 18 another cashcard payment for another £50 to Fischer energy
a sort of because we can gesture
I stopped my card and had numbers changed

[Amethyst]

Unless it has changed since I did it an application like this is classed as a non-money claim.

It is

Page 6 of https://assets.publishing.service.go...3/ex50-eng.pdf is £308 - we used to do small amount of damages to get it in as a moneyclaim but I seem to recall that doesn't actually wash any more.

[Amethyst]

Excuse my drawings
as you can see from what I’m hoping is first pic

7 Dec 18 outfoxthemarket DD £156.83 in red
I then cancelled any more transactions with bank
then on 14 December a Fischer energy DEB debit card payment for £449.06
then on 21 Dec 18 I made a testcase payment for £1 to check my bank details showowing Outfox
then after all the drama last kick in nuts
21 December 18 another cashcard payment for another £50 to Fischer energy
a sort of because we can gesture
I stopped my card and had numbers changed

How did you do those 21 Dec payment ? online or on the phone ? or was that just them helping themselves again ?
The £1 payment ?
The £50 payment ?

Can you see back to when you made the £100 payment - and does that show as Fischer too ? ( as probably the payment services licence thingy is in Fischers name as the parent co )

[Amethyst]

You guys make it sound so easy
honestly it’s been hell
but whilst I been away there’s a newspaper also trying to publish the story but having legal challenge to be heard Friday so will be out on Sunday from sounds of it and covered by a few
hes even taking legal action against newspapers
the legal letter I received above is to be featured

interesting - I'll look out for it. Is one the Mail on Sunday ? They do like a good consumer detriment story.

[Dazzleparker]

The £1 was a test I set up to pay my final bill
the £449 Was money they just took
and because I had complained to bank, I’m assuming just because they could teach me a lesson they took the other £50 again from my card
and your right again Jeff Prestridge ran a piece on this is money and was challenged and I think the story goes on mail on sunday and elsewhere because your daft if you think a solicitor worry’s a newspaper I suppose
so I’ll start with The SAR you never know they might comply and then the only nightmare I’ll have is to face the music for my views.
but to be honest it’s kept me sane, it’s a story but living it was ridiculous
i genuinely for the first time ever saved for that Xmas as family to 4 corners of the earth gathering is rare nowadays
oh I left a TP review
dont Sue me guys please

[Amethyst]

I love Jeff - he's really one of the good guys I do absolutely understand how upset and angry you were, but really these things can take over your life and you kind of lose sight of what is important and forget what your aim is. I was chuckling at his 'office photos' piece when it was published.

If you look at that privacy policy bit I posted before there is a postal address for a SAR - I would use a standard letter Subject Access Request Letter
and not be quite so specific about what you want - everything they hold data wise on you - that should be enough to start with, and see where they stand with that. Less confrontational is the key.

Did you ask the bank for a copy of their final resolution letter ? Need that to consider the FOS complaint.
Did you mention the £50 in that complaint to the bank too btw?

And thank you for your review - it's appreciated greatly - first time I've been thanked for criticising lol xxx if you look at some of our older one star ratings, then look up mentions of us in the Mail on Sunday ( passports / vegetables mainly lol ) - you'll see we deal with this kind of crap quite a bit and are guilty of getting a tad obsessive with things too .... xxx

[Dazzleparker]

We’re going library get it all printed and posted wife will ring bank for another copy of letter
i didn’t complain about the second £50 seemed no point it was a very clear message
it was just my bank another customer I spoke to had identical issue but Barclays refunded him in a instant
and having things told as it is I think is needed, Court is expensive and I could blow money and loose there’s no guarantees
but seriously the help n support you gives given its emotional the sheer panick and stress of past 3 months makes me well up I can finaly do something rather than sit and take it
even if it fails I tried

[Amethyst]

Bless you.

We'll see what this response from the bank says and then see if we want to go back to the bank first ( adding this further £50 p*ss take to the complaint ) or go straight to the ombudsman. It really sounds like the bank haven't dealt with it properly .... at the very least when you complained about the £400 being taken without auth, and they decided you had set up a continuous payment authority ( which you hadn't ), they should have ruddy cancelled it to stop them keeping doing it !

Hope your new energy provider is behaving...

[Dazzleparker]

Sadly before Xmas I had no problems whatsoever with outfoxthemarket and my new guys are great
it honestly was like the boss came up with a way to raise capital n chaos
the did stop the seasonal split but didn’t mention still base DD on the estimates they made.
last time I ever saw anything like it was Gerald Ratner
because everyone cancelled DD he inserted a £25 fine into the terms
crazy but honestly my beef is with my bank.
i am absolutely vocal they should of sided with me.
i understand why they didn’t, the guy explained a debit card payment is as good as cash and he said and I’m sure it’s in the letter it was visa terms and conditions that meant if was for me to prove they took the money
and as I said my bank could see outfoxthemarket was blocked on my request and the Fischer energy was same CEO so obvious what had happened
its just one of them things you learn from banks are not our friends

[Amethyst]

Oh OTM have cocked up big time with what happened before Christmas with the changes, and the resetting up of cancelled DD's and unauthorised payments etc etc - it's like they went on a "how to destroy your reputation quickly" course !.

I have been prepayment meter by choice for the last 12 years and would never go back to the energy companies having control of my finances with a DD ( they transposed readings once and tried to take £2200 one month ffs lol ) - I do pay slightly more ( actually my annual review tells me to change to DD and save a massive £24 a year lol )but have absolute control of things... yes I have to spend more in winter than in summer ... but if it gets too much I put on a jumper

[Dazzleparker]

Humble and impressed AMETHYST
clearly I was teaching granny to suck eggs trying to convince you I’m up against a tyrant
the DD reinstatement’s are still going on sadly many are trapped simply as everyone classed as in arrears and should they dare speak out they risk what those who did escape are suffering.
those left need every happy thought they can get, for example once I prove what they done the banks may have diffrent attitude to others.
today it was announced personal data given to one company is allowed to be shared throughout the Bastian group even if people leave so I’m kind of disturbed the help I have got here is already addressed and announced.
i myself never tick marketing or sharing option if I deal with one company I do not expect my data shared under any circumstances but that’s a diffrent thread
thanks again AMETHYST and everyone I will keep you updated and should you guys stumble across some of the others please try and help.
you have no idea the misery and impact they have on anyone they touch.

[Amethyst]

Oops forgot to post this - thought it might be interesting for you https://www.thisismoney.co.uk/money/...customers.html