Allay acting on my behalf with no authorisation.

[EXC]

I think we're getting confused.

The Claims Management Ombudsman is the organisation which rejected your complaint against Allay. The Financial Conduct Authority are a completely different organisation and wouldn't be holding any of your data.

[BELUGA01]

I’ve managed to compress the photo to upload it.

This is the exact wording of the payment demands they're sending to me too. Following your case with interest.

[MRB2020]

I’ve had two more letters since last post. An overdue notice and a demand notice. The ICO came back to me saying Allay claim to have emailed me my DSAR information, not received a thing from them on email, in fact, NEVER had an email from them I believe. I went back to the ICO but not heard back yet. I’m not responding to the Allay letters. I would have thought that claiming they’d emailed me my DSAR information would not be substantial enough, that they would at least have to follow it up by post?

[MRB2020]

Do you have any information regards contacting the CMO? I’m sure I complained to them initially.

[EXC]

I’ve had two more letters since last post. An overdue notice and a demand notice. The ICO came back to me saying Allay claim to have emailed me my DSAR information, not received a thing from them on email, in fact, NEVER had an email from them I believe. I went back to the ICO but not heard back yet. I’m not responding to the Allay letters. I would have thought that claiming they’d emailed me my DSAR information would not be substantial enough, that they would at least have to follow it up by post?

I would have thought so too but if you've got it in writing from ICO that Allay told them they'd emailed it to you, send it to Allay and simply ask them to send it again.

[EXC]

Do you have any information regards contacting the CMO? I’m sure I complained to them initially.

You did and sadly they rejected your complaint. But as I suggested previously you could make a DSAR request to CMO as it might just throw something up that proves useful.

[MRB2020]

ICO closed my case saying they were satisfied with Allay’s response regards emailing me! What bloody nonsense! I’ll write to Allay again with that. I want it by post!

[MRB2020]

Received this letter today basically threatening all sorts! I have attached them. I got so mad I rang their number on the bottom of the first page! Unfortunately for the chap who answered he got a total earful and I demanded they send me my data by post! I am now writing to them to back this up! They are really getting to me now! Any advice or comments which may put my mind at rest?

[EXC]

Obviously they're just trying to scare you. It's unlikely they'll risk issuing a claim for Ł300 in my view, and if they did you'd probably win on them not complying with distance selling regs anyway.

I would either ignore them or tell them you look forwards to receiving a claim and defending it.

[MRB2020]

[MRB2020]

I requested my DSAR from them again BY POST before I went away for a week’s break. Got home today, large thick envelope with all my data in, most of it multiple copies of the same paperwork. I have uploaded photos of the letter where they have highlighted in yellow that an electronic signature is acceptable as authorisation and the fact that the FCA ‘ruled in their favour’ means that immediate payment applies. I have also enclosed the sign and return form which they have asked some electronic signature onto which barely looks like my own and a typed date. There are multiple copies of this form in the envelope, however, no hard copy or copy even of a signed contract anywhere to be seen.

[EXC]

I have uploaded photos of the letter where they have highlighted in yellow that an electronic signature is acceptable as authorisation and the fact that the FCA ‘ruled in their favour’ means that immediate payment applies.

What Allay are telling you is complete bull$h1t.

The COBS rules they're quoting state on the tin that they only apply to the investment and life insurance sectors, not claims management companies.

Someone else here got that same response and I asked FCA about it, who confirmed it.

[MRB2020]

Should I write back to Allay or ignore further correspondence from them?

[EXC]

The applicable rules for claims management companies is CMCOBS (Claims Management Conduct of Business Sourcebook).

This is the relevant provision on signatures.










Allay always say that your digital signature will differ from your real signature because it was made ''with a stylus, mouse or touchscreen''.

But there is no provision in CMCOBS that allows a CMC to rely on a signature that isn't an image of a real, wet signature.

[EXC]

Should I write back to Allay or ignore further correspondence from them?

It's up to you but I would ignore them, I doubt it would stop them from asking you for payment. But if they ever issue a claim you could then raise the issue with them and say you'll include it in your defence and invite them to drop the claim.