Card payment taken 8 months later with no communication

ecaw81

Its not about being even.  I just want them to be honest about the communications they have claimed.  I did write to them over email I did inform them I had not looked since as if there was a payment issue I expected them to inform me again like they had done in September when I updated the card.    

powerful_Rogue

ecaw81 said:

I did not know I still owed them money.  As they did not communicate after September that there was an issue. I thought all was well and they had taken it after payment details were updated.  
This is an issue to me.  I also want to be sure on what their legal team said to me as they claimed they had emailed me as well.  I see no evidence of this. 
It may not be something that matters to someone else but It matters to me.  If I was making a claim I had done something I would provide the evidence of it.  

Reading this paragraph in your first post makes it sound as if you knew they hadn't taken the money.

I remember at the time Sep 2019 thinking to myself 'make sure you leave enough in that account for them to take' so I did.  For at least a full working week.  Then after that there were numerous times where there was an excess of money in there that they could have claimed for payment.

ecaw81

No I was stating I knew at the time to leave it in there.  Then I carried on with the current issues I had at hand in life such as moving short notice and having to move the children into new schools.    I did not think about it after that and did not see any communication.  I had moved all my money from my old joint account into the one the card was attached to which is why I was so surprised when they said they had 'kept trying' as I knew there was more than enough in there for a week after.   Looking at my account right now there were also periods of up to two months after Sep where there was more than enough in that account if they had been trying.  I told them as much when I messaged them in this last week.  All I wanted was to have some evidence of the communication they said they had sent me post Sep 2019 and the legal teams communication they had sent me as well.   

DoaM

Takmon said:
Well as you asked in the OP what rights you have then the answer to this is that you have no legal right to see proof of communications they claim to have sent,

Sorry but that is incorrect. The OP can send them a Subject Access Request and the company (assuming they are a UK company) must comply with the SAR and furnish details of all information they hold on the subject, including copies of any communications they allege to have sent to the subject.

ecaw81

DoaM honestly that's all I wanted to know. I wanted to be sure if I even had the right to ask for the evidence that they had contacted me several times.     I will hopefully resolve this now and put it behind me. (they are a UK company) 

[Deleted User]

ecaw81 said:

 I wanted to be sure if I even had the right to ask for the evidence that they had contacted me several times.     I will hopefully resolve this now and put it behind me. (they are a UK company) 

They don't have to send you specific evidence, a Subject Access Request (SAR) will however provide all information they have kept on file for you and will (probably) include the communications you want to see. 

But, do not lose sight of the fact that you won't somehow receive a refund of the money you owed and paid even if they cannot provide the evidence you want. 

The most you can hope to come from this is either comprehensive records of their communication with you or an apology that they don't have such evidence. 

A more productive use of your time is to begin thoroughly checking your statements to ensure such payments are leaving your account when expected. This way, you won't have similar unexpected payments in the future. 

I do realise your circumstances changed and there was upheaval involved, but this is an essential part of budgeting... 

ecaw81

Moneyineptitude said:

ecaw81 said:

 I wanted to be sure if I even had the right to ask for the evidence that they had contacted me several times.     I will hopefully resolve this now and put it behind me. (they are a UK company) 

They don't have to send you specific evidence, a Subject Access Request (SAR) will however provide all information they have kept on file for you and will (probably) include the communications you want to see. 

But, do not lose sight of the fact that you won't somehow receive a refund of the money you owed and paid even if they cannot provide the evidence you want. 

The most you can hope to come from this is either comprehensive records of their communication with you or an apology that they don't have such evidence. 

I really am not and was never thinking I needed a refund nor that I deserved one as I clearly don't.    I really just want to be provided with what they have claimed to have done. Especially if they have gone as far as to involve their legal team.  

Many thanks.  

powerful_Rogue

ecaw81 said:

Moneyineptitude said:

ecaw81 said:

 I wanted to be sure if I even had the right to ask for the evidence that they had contacted me several times.     I will hopefully resolve this now and put it behind me. (they are a UK company) 

They don't have to send you specific evidence, a Subject Access Request (SAR) will however provide all information they have kept on file for you and will (probably) include the communications you want to see. 

But, do not lose sight of the fact that you won't somehow receive a refund of the money you owed and paid even if they cannot provide the evidence you want. 

The most you can hope to come from this is either comprehensive records of their communication with you or an apology that they don't have such evidence. 

I really am not and was never thinking I needed a refund nor that I deserved one as I clearly don't.    I really just want to be provided with what they have claimed to have done. Especially if they have gone as far as to involve their legal team.  

Many thanks.  

What's the plan once they send you the information, or possible lack of information?

born_again

ecaw81 said:

I did not know I still owed them money.  As they did not communicate after September that there was an issue. I thought all was well and they had taken it after payment details were updated.  

So have you checked your bank account & did you at that time? to make sure payment was taken.
If you think they have mixed you up with someone else, that would be the 1st thing to check.

JReacher1

I suspect a SAR will just provide the dates and times of when communications were sent.  It won't detail the actual communications so i'm not sure that will help much.
It will be things like

17/09/19                -                  Payment card email sent
24/11/19                 -                 reminder email sent

They won't keep a record of the actual communication that was sent.
If you don't remember receiving these emails they probably went to junk and that often auto archives after a certain number of days.

Personally I would just forget about this as you did owe the money