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Allay LOSE in Court

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  • Allay LOSE in Court

    A LegalBeagles member has successfully defended legal proceedings issued by Allay Claims in court on Thursday.

    This was a classic case of Allay claiming that the defendant electronically signed a Letter of Authority and Terms of Engagement after responding to a 'Free PPI Check' advert on Facebook, when the defendant did not in fact sign anything. As far as we are aware this is the first time that the notorious Allay digital signature issue has been contested in court.

    In this case the defendant filled out the form on the advert and then received Letters of Authority and a contract in the post to sign & return. In the event she decided not to and eventually made the PPI claims herself. Somehow Allay were made aware by the bank that she had successfully made the claims and invoiced her for 1600.

    In the judgment, below, the District Judge held that not only did the defendant not sign a contract as Allay had bogusly claimed, had she done so it would have been invalid in any event due to the absence of a cancellation form or a copy of the contract in a durable medium as required by distance selling regulations.

    Although this is a County Court judgment and therefore does not set case law, it is indicative of how courts may view the issue and we hope that it gives confidence to others in a similar position who believe that they have been a victim of fraud.

    The judgment also raises serious questions about the Financial Conduct Authority's regulation of Allay Claims. Although the FCA were fully aware of the widespread Facebook advert/digital signature issue and in fact banned Allay from conducting online promotions (albeit temporarily) in August 2019, they inexplicably granted Allay a full & permanent license to conduct claims management in February this year.

    We have provided FCA with the judgment and invited them to revisit their decision.



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    I like your pin shot
    I keep it with your letter
    Done up in blueprint blue
    It sure looks good on you
    And when you smile for the camera
    I know I'll love you better

    Then the shutter falls
    You see it all in 3-D
    It's your favorite foreign movie

    'Peg'

    Donald Jay Fagen

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  • #2
    Hey, do you know which court this court this decision was made in as I am having similar problems with Allay Claims. Thanks

    Comment


    • #3
      Originally posted by Sean.Jacobs View Post
      Hey, do you know which court this court this decision was made in as I am having similar problems with Allay Claims. Thanks
      I do but I'd rather not say so as to protect the identity of the defendant. If you're defending a claim from a company the case is always held in the court local to you.

      Have Allay issued a claim against you?

      I like your pin shot
      I keep it with your letter
      Done up in blueprint blue
      It sure looks good on you
      And when you smile for the camera
      I know I'll love you better

      Then the shutter falls
      You see it all in 3-D
      It's your favorite foreign movie

      'Peg'

      Donald Jay Fagen

      Comment


      • #4
        From what i have seen Allay terms and conditions do not comply with the Consumer Contract Information cancellation and additional charges Regulations 2013. This failure renders their claims hopeless.
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          https://www.moneycheats.co.uk/post/s...icense-revoked

          I like your pin shot
          I keep it with your letter
          Done up in blueprint blue
          It sure looks good on you
          And when you smile for the camera
          I know I'll love you better

          Then the shutter falls
          You see it all in 3-D
          It's your favorite foreign movie

          'Peg'

          Donald Jay Fagen

          Comment

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          INFORMATION

          Claims Management Compare CMCs
          Before using a claims management company make sure you DO YOUR RESEARCH. Firms can charge up to 50% of any refund you might be due.


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          If you have a problem with a Claims Management Company you can post on our consumer forum for help in the first instance.


          To make a formal complaint you should complain to the CMC in the first instance, and if there has been no resolution within 8 weeks you can take your complaint to the Legal Ombudsman.
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