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Allay Claims (again)- We're at pre-action protocol now. Sorry there is so much. Sigh.

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  • Allay Claims (again)- We're at pre-action protocol now. Sorry there is so much. Sigh.

    It's Allay claims again. I can see somebody has recently won a case with very similar facts and I have been looking around at all the complaints & write ups.
    I know I should just pay this to not give myself so much stress ( I have so much on my shoulders already) but after undertaking a Law degree (2003 however!) and having quite a lot to do with contracts over the years, even worked for Citizen's Advice & DWP, I just can't without questioning them at least. I've not had any experience with this though before.


    In summer 2019 I had had a hell of a time (I have PTSD, primarily acute anxiety, insomnia & depression etc. On several medications). I had been dealing with some an awful time/illnesses and then 2 awful bereavements within weeks of each other. The second completely out of the blue. My mental state at the time had been near suicidal and I had been off work for quite a while. It totally awoke the PTSD symptoms I had spent years battling to overcome.

    During that time I saw a 'Free PPI Check' advert on Facebook. Allay claims. I have NEVER done anything like this before as I thought they were all scams but given the approaching PPI deadline, time on my hands and just to see if it would help towards expenses from the above I sent them my details. Might as well see.

    Then started the usual barrage of emails and texts people talk about.

    I did not reply to anything or sign/return anything.

    However I did send an email within about an hour of submitting my details through Facebook.
    I had seen somewhere that 'free' now had an asterisk next to it with no explanation. I looked further and must then have seen vaguely about their fees and thought how stupid I was.



    My email (1st August) was direct, not a reply, and said-

    Please can I double check there is no fee and you will not start a PPI claim without my express authority?

    I notice there's an asterix next to 'FREE' now on your email but I can't see why.

    Thank you.




    (I note I put asterix not asterisk, not a mistake I would usually make!)




    Their reply- On 19th of August (so outside 14 days anyway. Convenient)

    Good Morning,

    Thank you for your email.

    Our fees for PPI are 24% of any redress, inclusive of VAT where applicable where a claim is successful. We do work our cases on a no win no fee basis.

    If the case is rejected, there is no fee, if it's upheld its 24% of the total redress inclusive of VAT.

    Outlined in our terms of engagement, the only way you may be charged if your claim is not successful is if you cancel outside of the 14 day cooling off period you are allocated. If you cancel within the 14 day cooling off period from the date your claim is submitted, you will not be charged at all. If you cancel outside of the 14 day cooling off period, you may be charged for the work Allay has carried out so far on your claim, which includes email, calls etc... we make. We do not add on these charges if the claim is successful.

    We only carry out an investigation on your behalf with your permission, and as I can see you have signed and returned our Electronic Letter of Authority, dates on the 01/08/2019 which gives us permission to do so.

    Having checked the system, I can see that we have submitted your information to the relevant lenders who you have asked us to do a free PPI search for, in order to check if you had PPI associated with any of your accounts. We are waiting for the response, once we have an update we will be in touch with you

    The total sum of the fee is 24% of any redress, inclusive of VAT where applicable

    For more information on this you can check your terms of engagement which was in your pack or check https://www.allay.co.uk/terms-conditions/
    If you have any further queries, please let us know

    Kind regards,




    I didn't reply, as far as I was concerned I had told them not to continue within about an hour, not 14 days even. I thought I had cancelled. I hadn't (knowingly!) signed anything they were talking about. I presumed they were scammers & ignored everything else they bombarded me with and blocked texts/numbers & email addresses. I never replied to anything, it was all too much.


    Eventually, after 6 months or so, I had a different message saying they had located something with one of my banks.

    I ignored it as usual, obviously scammers.
    I actually contacted that bank & made my own claim.
    All along still thinking I've not agreed to anything apart from a 'free check'.

    I had a few hundred back from that bank which I thought was in response to the claim I made.

    I only skimmed over the bank's letter at the time (a year ago). I found it today and there is a reference number for Allay in amongst others at the top. I didn't see this before. However they still went ahead after my email and seemingly forging my signature/agreement so I am still not happy at all to pay them.
    Someone like me doesn't knowingly agree to 24% fees.
    I never even have credit unless it's 0% and then pay off in full, I am very into every aspect of money saving. Nothing on HP etc etc ever.

    So, then Allay started sending invoices & reminders. Me still genuinely thinking they're scammers etc etc. Don't respond or you'll get them all after you as all the media & organisations warn you.
    The amount was different to the amount I received too. They were saying more. (Now I have seen, only today, they take 24% of the gross not net that I received. I had presumed, again, they were scammers as they didn't even know the amount)


    Then we had about a 10 month or so break... Coronavirus?


    Now in December I have received several demands, final demand and now the pre-action protocol.

    I have finally cracked & sent a complaint.

    I am still waiting for a straight answer as to why they continued without my 'express permission' as in my original & immediate email. They just keep referring to this only being a question (which they answered) not a 14 day cancellation and going back to their T's & C's again and again. Repeatedly mentioning 'my authority'.

    At first I thought maybe I did sign something in my state but that is NOT like me. EVER.

    So I finally look back at the images of this letter of authority they've sent after reading your forum at about 3am this morning, awake worrying about it.
    It's not my signature or my handwriting (as many others have said)

    I also found an attachment with a load of the same form to different banks. All EXACTLY the same signature as if it was an image copy/paste. Not mine.
    They have said it will look different due to being done with a mouse or pad.
    This signature is beautiful & fluid. It would be all jagged if done with a mouse/pad. I've seen it on many PDA's etc. It is clearly a pen written, or computer generated (can you do that?) signature.

    So I wasn't as crazy as I thought, I hadn't read all this & signed it.
    I had been thinking down the mental/legal capacity route given my state & medication (all massively documented with my doctors etc) but deep down I still knew I wouldn't have.
    I am so angry they have done this and the way they go about tricking so many people. If they had been honest and I had considered and agreed I would pay straight away as I always have.

    I can see all their Terms & Conditions now I have actually looked it up.
    Again, no way I would knowingly sign in to that!!!!!


    My initial complaint has 'not been upheld' (obviously!) Repeatedly referring to the letters of authority and that my email was not a cancellation.
    The person said at the end that if I can show evidence I cancelled in December (the successful claim) she will look at it again. Yes, I bet you would love that! Charge me about 20 times what the bill is for cancelling outside the 14 days! (when I thought I had cancelled on the same day!). That is not what I am querying!

    I am not well off at all and am terrified to risk standing up to them for so little but it's the principle.
    I have won a few fights with big/bully companies before and can't stand this way of behaving; large companies knowing normal people just don't have the time to go over so much 'stuff' (or not understand) and then knowing they won't dare challenge them either.

    I have replied this morning saying it's not my signature and can they send proof of me returning these documents to them (which I never did knowingly, nothing in my sent emails and I 100% didn't do it by post)
    I am just waiting for more threats.
    I feel ill with it already.



    So, how do they do this??

    It's not my signatures on the forms (or returned by me).

    I emailed the same day saying not to proceed if there are fees

    My lack of mental capacity at the time and inability to deal with all that (although it seems I didn't anyway!)



    Sorry this is a bit rushed and probably repeating myself.





    **Update- They have already managed to write a 2000 word (!!! again!) reply in about 2 hours this morning trying to invalidate every sentence I have written.

    STILL referring me to this letter of authority, Terms of Engagement, Contracts, boxes ticked to say I'd read everything.

    Quote-

    'Please note; you have applied your signature on our Letter of Authority for each lender by signing an e-signature box once. This signature has then been applied to a Letter of Authority for each of the lenders you have selected when asking for a PPI check. The date on these letters has been automatically generated on the day which you have signed these documents. These letters were returned electronically on 01/08/19.
    You stated in your original email received yesterday that you remember agreeing to a free PPI check. As above, you cannot agree to a free PPI check without signing our Letter of Authority and reviewing our contract. I have already outlined that your signature may differ as it has not been signed on paper, but using a stylus, touchscreen device or mouse. After signing this document, you were provided with the option to save a copy of this and were thanked for providing this permission.'

    As you have requested additional information as to how your signature was submitted to Allay, a full data trail has been completed to show that you enquired into our services via bank-refund-checker.co.uk at 12:00pm on 01/08/19. At this point you provided Allay with your full information and also signed our Letter of Authority. I have located the IP address of the device the information was sent from (please see below). I have searched for the IP address via whatismyipaddress.com and have found this to be within your local area of Swadingcote:


    That's my area, I know that but it's not my signature & I do not remember signing or returning anything.

    & still saying that my email on 1st August was only questioning their fees not telling them not to continue.
    It seems clear to me!



    There is SO SO SO much in thier replies and communications, I don't know what to do & really don't have experience of this area of Law.

    I don't know where I stand now. They're saying I can forward to the FOS etc & they (Allay) may not reply further.
    Does that stop them adding to this amount if they don't uphold my complaint? That's usually the next threat isn't it.


    I really do not have time either with the usual struggle to keep everything going and keep an income coming in.

    I daren't reply to them again without help/opinion, even to say/ask again that it's not my signature.
    I hate paying such an underhand company just to get them off my back.


    Sigh.
    Tags: None

  • #2
    Hiya

    Sounds like it's a bit of a nightmare.

    If their reply to your complaint is a 'final response' you can go to the Ombudsman with your complaint now. However they have such a backlog it'll take around 6 months or so before they even look at it. Also there have been a couple of recent cases where the Ombudsman has found in Allay's favour. Having said that you've got nothing to lose by doing so other than months of uncertainty.

    Because one of our members successfully defended in court recently I would be a bit surprised if Allay issued a claim for a relatively small amount. How much are they asking for?

    If they did we may be able to help with a defence.

    On the signature issue, as Allay have said you would have used a '' stylus, touchscreen device or mouse'', this is in fact contrary to FCA CMCOBS (the rules & guidance governing CMCs).

    There is no provision in CMCOBS which allows a CMC to accept a digital signature on an electronic agreement unless it is an image of a hand written signature - see paragraph 2 below. You might want to inform them of such and see what they say?

    Also there is the issue of Allay not complying with distance selling regulations by not providing you with a cancellation form or a copy of the signed agreement in a durable medium (a hard copy) at the point that the alleged contract was struck. These were issues that Allay lost the court case on.

    I'm moving this thread to the Claims Management Forum. In order to reply you'll need to register as guests can only post once.


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    I like your pin shot
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    It sure looks good on you
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    'Peg'

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    Comment


    • #3
      I too fell into the hands of allay who said the same things to me and also forged my signature. i was livid and put in a complaint because i had claimed on my own behalf. Interestingly i put in 2 claims to MBNA but somehow allay got hold of one of them. Now why would i do one myself and get allay to do the other one...I also put in 4 others to other companies so where allay got involved i do not know

      I ended up contacting the FOS but they saw in favour of allay. The woman at the FOS even said i should have contacted allay when they sent forms to me, why would i contact a company i believed were sending me spam!. I never signed anything electronic and never would and certainly did not post back forms asking me for more information so was livid when i was sent their proof of my electronic signature. They even sent an IP address that didn't match mine but the woman at the FOS said i must have signed up at someone's else's home.

      I tried to fight the case but it seemed to me that the FOS were on allays side the whole way. I did say this to the advisor at the FOS because it didn't matter what i said she just would not accept that there was a fraud in action and said it was not her job to decide if the signature was mine or not and that in the balance of probabilities she had decided that i had signed the paperwork and must have given allay all my details.

      MBNA confirmed one claim was made by me but the other was made by allay and they corresponded with allay because they had no reason to believe the signature was not mine. I would have thought that they would have wondered why i would put in one claim myself and then get allay to do another but they just referred me back to allay complaints so i ended going around in circles I suffered mentally because of this and even more so because they started sending letters every couple of days. In the end a few weeks before Christmas i decided to pay them because they sent a letter telling me they would send bailiffs to my door

      Now the amount was only for 87.50 but the hassle i was getting was driving me insane and after the FOS told me they believed allay i had nowhere else to turn. I had to use a credit card to pay them and just wanted the letters to stop. Interestingly after i paid i thought that would be the end of it. I took a photo of the page which said thanks for your payment and it also said i would receive a receipt ....i never got a receipt but about a week after the cleared payment i got another letter asking for payment.

      I kept up to date with trust pilot reviews of allay because i knew there were many like me who had their signatures forged and their rating went from really bad to excellent in a matter of months, and after i queried this i was told that due to covid they could not invite people to review them but now they could. EVERY review i have ever given them on trust pilot was genuine but trust pilot took my reviews down so i think that allay also pay for negative reviews to be taken down. It is obvious that allay had started to suffer due to poor reviews so they decided to take action on trustpilot.

      I do feel for you but i am afraid that you will not win because the FOS seem to think that allay are a good company. I even quoted the above which talks about a hard copy and was sent a very long email from allay stating lots of things i didn't understand (you can see this if you want)

      I tried to fight because i knew 100 % there was some sort of fraud but in the end i got worn down. I did report to action fraud but never heard back from them.

      I am afraid that unless you are willing to go to court you too will end up paying just to get the letters to stop.

      Hopefully allay will be found out in the future and i will be first in the line to state that they got away with fraud and were protected by the FOS.

      As you can see i am still hunting for others like myself because i cant believe that a company can get away with fraud to this extent and i hope that the relevant authorities will one day take action. Until then i wish you well and really hope you get some peace from allay the scammers

      Comment


      • #4
        Originally posted by jlittle View Post
        I too fell into the hands of allay who said the same things to me and also forged my signature. i was livid and put in a complaint because i had claimed on my own behalf. Interestingly i put in 2 claims to MBNA but somehow allay got hold of one of them. Now why would i do one myself and get allay to do the other one...I also put in 4 others to other companies so where allay got involved i do not know

        I ended up contacting the FOS but they saw in favour of allay. The woman at the FOS even said i should have contacted allay when they sent forms to me, why would i contact a company i believed were sending me spam!. I never signed anything electronic and never would and certainly did not post back forms asking me for more information so was livid when i was sent their proof of my electronic signature. They even sent an IP address that didn't match mine but the woman at the FOS said i must have signed up at someone's else's home.

        I tried to fight the case but it seemed to me that the FOS were on allays side the whole way. I did say this to the advisor at the FOS because it didn't matter what i said she just would not accept that there was a fraud in action and said it was not her job to decide if the signature was mine or not and that in the balance of probabilities she had decided that i had signed the paperwork and must have given allay all my details.

        MBNA confirmed one claim was made by me but the other was made by allay and they corresponded with allay because they had no reason to believe the signature was not mine. I would have thought that they would have wondered why i would put in one claim myself and then get allay to do another but they just referred me back to allay complaints so i ended going around in circles I suffered mentally because of this and even more so because they started sending letters every couple of days. In the end a few weeks before Christmas i decided to pay them because they sent a letter telling me they would send bailiffs to my door

        Now the amount was only for 87.50 but the hassle i was getting was driving me insane and after the FOS told me they believed allay i had nowhere else to turn. I had to use a credit card to pay them and just wanted the letters to stop. Interestingly after i paid i thought that would be the end of it. I took a photo of the page which said thanks for your payment and it also said i would receive a receipt ....i never got a receipt but about a week after the cleared payment i got another letter asking for payment.

        I kept up to date with trust pilot reviews of allay because i knew there were many like me who had their signatures forged and their rating went from really bad to excellent in a matter of months, and after i queried this i was told that due to covid they could not invite people to review them but now they could. EVERY review i have ever given them on trust pilot was genuine but trust pilot took my reviews down so i think that allay also pay for negative reviews to be taken down. It is obvious that allay had started to suffer due to poor reviews so they decided to take action on trustpilot.

        I do feel for you but i am afraid that you will not win because the FOS seem to think that allay are a good company. I even quoted the above which talks about a hard copy and was sent a very long email from allay stating lots of things i didn't understand (you can see this if you want)

        I tried to fight because i knew 100 % there was some sort of fraud but in the end i got worn down. I did report to action fraud but never heard back from them.

        I am afraid that unless you are willing to go to court you too will end up paying just to get the letters to stop.

        Hopefully allay will be found out in the future and i will be first in the line to state that they got away with fraud and were protected by the FOS.

        As you can see i am still hunting for others like myself because i cant believe that a company can get away with fraud to this extent and i hope that the relevant authorities will one day take action. Until then i wish you well and really hope you get some peace from allay the scammers
        I can only sympathise with you. I would warmly encourage you to report your experience to FCA. The office responsible for supposedly regulating them is undefined james.fisher@fca.org.uk

        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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