Allay acting on my behalf with no authorisation.

[MRB2020]

So really as far as sending an ‘electronic’ copy, the signature still has to be handwritten then the image inserted onto the ‘electronic’ copy? Either way a ‘digital’ image (mouse, stylus or touch screen) is not sufficient?

[EXC]

So really as far as sending an ‘electronic’ copy, the signature still has to be handwritten then the image inserted onto the ‘electronic’ copy? Either way a ‘digital’ image (mouse, stylus or touch screen) is not sufficient?

That's what CMCOBS says. Although that particular provision is denoted with a 'G' for Guidance, as apposed to an 'R' for Rule, there is a strong argument that consumers would have a reasonable and rightful expectation that CMCs abide by the guidance and standards set by the regulator.

[MRB2020]

Thank you, I have just read through that section. The whole piece regards agreements seems to validate all of the issues people have reported on here... there is no hard copy signed agreement in my data from Allay. Just the digital questionable signature on the authorisation form. Surely that does not comply with section 4 here?

(3) The FCA would not view an agreement as having been signed for the purposes of ■ CMCOB 2.1.10R where the customer does no more to indicate their acceptance of the firm’s terms and conditions than to send a text message or email or to tick a box on a website or web- based form.
(4) The firm will also need to have complied with the requirements of
■ CMCOB 4 (Pre-contractual requirements), including the requirement to take reasonable steps to ensure that the customer understands the agreement (see ■ CMCOB 4.3.1R(3)). Where an agreement is entered into electronically, those steps should include the firm satisfying itself that the customer has had the opportunity to familiarise themselves with the contract.

[EXC]

Surely that does not comply with section 4 here?

I agree, it probably wouldn't. There's a lot of issues, not just CMCOBS.

This is what I sent the Ombudsman recently. They say they're considering the points raised. I've not included the supporting documents here as they contain personal info.

[MRB2020]

That is brilliant! In my mind, this is all questions I have wondered, I’ve even doubted myself that I had somehow missed something & had dropped myself into some agreement unknowingly! However, all you have stated in your document solidifies all I have been querying to myself. Thank you, I hope this is now taken seriously & acted upon by the regulators. I will follow developments with a keen eye!

[MRB2020]

I have just received this letter in the post. Please help?!!!

[EXC]

I honestly wouldn't worry about it. It's simply designed to scare you into paying up, if Allay had genuinely thought they had a good chance of winning in court they would have issued proceedings by now.

Of the 2 people I know about who had been taken to court by Allay, both had won and I haven't heard of Allay issuing proceedings against anyone since.

In my view it's too expensive, complicated and risky for them to bother actually filing a claim.