Allay acting on my behalf with no authorisation.

[MRB2020]

Where do I find the information about the information commission please?

[MRB2020]

I’ve still not had anything back from Allay regards my DSAR, can someone tell me how I go about writing or informing the right authorities please?

[MIKE770]

just google information commisoners office and follow instruction on there for reporting

[MRB2020]

Well, I’ve done all I can I think of to cover all bases regards these Allay serpents! I’ve written to them twice now requesting my DSAR, they’ve not responded on either occasion except to send me a final demand for payment. I have complained to the Commissioner’s office regards the fact that they have failed to provide the data they have on me. I’ve had my DSAR from Sainsbury’s bank including everything from Royal Bank of Scotland (presumably now part of Sainsbury’s bank?) with absolutely nothing linking Allay to them or me. I have reported Allay to the Police Fraud Action Team, the Financial Conduct Ombudsman & the Claims Management Ombudsman.

Is there anything else anyone can think of that I should do?

[EXC]

As I understand it you made a formal complaint to Allay about their invoice but didn't get a response? If that's right I would take it to the Claims Management Ombudsman and include the fact that Allay have ignored your DSAR requests.

By the way, one of our members is defending a court case with Allay which is due to be heard in a few weeks.

[Carousel]

I understand they use softwear which accepts electronic signatures. I understand it is known as Crm. Allay
Group used Electronics sing mates when it owned
Airfair claims Ltd through Allay Travel Ltd. The ultimate owner is Stuart Philipson Bell who is the main shareholder in the Allay Group. Airfair employed a disqualified director
Who had previously owned the business. Being disqualified
means you cannot be a director or a shadow director.
I believe when the issue of the disqualification became public knowledge the business was sold to put a distance between the company and possible offences under the Company Director disqualification Act. The company has failed to file a confirmatory statement and appears to owe around £700,000. It’s possible there was a commercial decision for the sale but in view of the heavy losses it’s possible the sale was to stooges. if it’s gets struck off by companies house there is no report to the insolvency services which is not the case with a liquidation or winding up. The Allay Group by contrast makes several million annually principally bases on Ppi whose days are limited.
That is why they ventured out into Flight delay. This business may have been resurrected by Rahul Sharma the disqualify director who appears now to be trading in Hale Manchester. He describes himself as a CEO and Partner in Airfair. It’s quite possible he’s still under the Allay Group umbrella which would be remarkable as it’s a real issue employing someone who gave an undertaking not to manage a company to the Secretary of State.

[MRB2020]

The financial Ombudsman have just got back to me regards my complaint against Allay and have ruled in Allay’s favour saying they do not believe they have acted unfairly!!!! What can I say? This is unbelievable, the fact that a company like Allay are getting away with this is just completely unacceptable & the organisations that are meant to be ensuring companies behave appropriately, are letting members of the public down, by seemingly accepting their fraudulent conduct as within the law! I’ve no idea what to do now. I’ve not had any response from my two letter of complaint to Allay not my two DSAR requests from them. Do I just wait for a court order or pay them? I’ve not had any correspondence from them for a good 6 - 8 weeks?

[EXC]

The financial Ombudsman have just got back to me regards my complaint against Allay and have ruled in Allay’s favour saying they do not believe they have acted unfairly!!!! What can I say? This is unbelievable, the fact that a company like Allay are getting away with this is just completely unacceptable & the organisations that are meant to be ensuring companies behave appropriately, are letting members of the public down, by seemingly accepting their fraudulent conduct as within the law! I’ve no idea what to do now. I’ve not had any response from my two letter of complaint to Allay not my two DSAR requests from them. Do I just wait for a court order or pay them? I’ve not had any correspondence from them for a good 6 - 8 weeks?

I'd like to see the Ombudsman's ruling, could you send it to me? nick@legalbeaglesgroup.com

[MIKE770]

word for word on most cases by the look of it = they are not fit for purpose as non interest in reality and honesty let alone able to justify their template comments scarp the quangos!s

[pt2537]

Did you raise any issues using the Consumer Contract Information Cancellation and Additional charges regulations 2013? Ally simply DO NOT comply with these regulations from what i have seen, no compliance no fee end of

[MRB2020]

Nick, I have sent you the email trail I’ve had with the financial Ombudsman. I have still not had any correspondence from Allay, I’ve no idea how they’ve obtained a form from Allay considering I’ve not received anything from them like this in response to my two DSAR requests!

PT2537 - I’m sorry, I did not raise either of the points you mention, honestly that sort of information is beyond me.

Best regards, Morwenna

[pt2537]

PT2537 - I’m sorry, I did not raise either of the points you mention, honestly that sort of information is beyond me.

Best regards, Morwenna

Thats what they rely on, consumers who dont know the rules and dont know what they should be provided with when they enter a distance contract. Allay do not based on what i have seem, seem to comply with the distance selling rules that are in place, it could render the whole contract unenforceable and could entitle the debtor to cancel the contract without fees being paid.

[EXC]

Nick, I have sent you the email trail I’ve had with the financial Ombudsman. I have still not had any correspondence from Allay, I’ve no idea how they’ve obtained a form from Allay considering I’ve not received anything from them like this in response to my two DSAR requests!

Hiya

It's a shame you didn't pursue it with the Ombudsman and it looks like it's too late to do that now.

However I think you have a reasonable chance at defending the case in court if Allay bring a case. At least a court will look at the signature/fraud issue where the Ombudsman said he couldn't. And as pt2537 pointed out, you could raise the distance selling regulation issues.

A couple of questions:

1. How much are Allay asking from you?

2. Did you ever see the 'signed' letter of authority that the Ombudsman said Allay had sent him?

[MRB2020]

Allay want £309.17. I have requested my DSAR information from them twice and never received anything back. I don’t know how I could have pursued anything further with the Ombudsman, they seemed to have made their minds up? I don’t know where they got the info regards the electronic form etc considering it’s not been sent to me and Sainsburys bank didn’t even provide a copy in my DSAR pack they sent me.

[EXC]

I don’t know how I could have pursued anything further with the Ombudsman

You could have appealed it, here's what it said at the end of the email:

I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if you decide that you don't accept what I’ve said, then please let me know by 17 November 2020. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at your complaint again.

It might be worth asking if you still can, then you could ask them to reconsider in the light of the recent court judgment and the distance selling issues you weren't aware of at the time you originally complained. I'd be happy to help draft something if you get permission.