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Allay Acting Without Authority

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  • Allay Acting Without Authority

    Hi all,

    I’ve seen some really helpful threads on here concerning issues with Allay Claims and am hopeful for some advice on my own situation.

    I’ll try and give an overview, sorry it’s lengthy. In December 2020 I received an unexpected credit into my bank account from the Halifax, the sum was fairly large and I had absolutely no idea what it related to. I immediately called the bank to find out what was going on, my thought being that it must be some kind of scam. After speaking to a few departments it turned out the credit was genuinely from the Halifax, in settlement of a PPI claim made by a company called Allay Claims. This was the first time I’d ever heard of Allay.

    I was baffled as to how this situation could have come about, with me knowing nothing of it until a credit suddenly arrived in my account. I submitted a DSAR to the Halifax, which they responded to in Jan 2021. The response indicated that Allay had submitted a Letter of Authority to them in July 2019, but they didn’t provide me with a copy of it as part of the DSAR. The response also contained copies of letters the Halifax had posted out to me in relation to the claim, but the address on the letters was a great many years out of date (despite me still banking with them and them having my correct address on file), hence why I’d never received any communications.

    I wrote to the Halifax again, requesting a copy of the missing LOA, which they then provided. To my surprise, the address detailed on the LOA was the same incorrect one mentioned above, and the signature is not mine (looks like some kind of computer generated set of initials). What was also surprising was that they enclosed a copy of a letter they’d sent (to the incorrect address again) stating that the address on the application did not match the address they held on their files, and that until I contacted them to provide the correct details they would not be able to proceed with the claim. I of course never did contact them, because I knew nothing of the situation, and yet somehow the process continued regardless. The DSAR response also revealed that the Halifax had posted me a cheque for the amount owed way back in February 2020, which was of course never cashed, because they were corresponding at the wrong address! These are issues that I’m yet to follow up with the bank, though I’m not sure what next steps to take.

    Moving on to Allay. After receiving the LOA from the bank, I submitted a combined complaint and DSAR request to Allay (I can provide a copy if helpful). I outlined the situation, indicating that I’d never at any point instructed them to act on my behalf, that I’d never signed any LOA, that the address used on the LOA was incorrect and the signature didn’t belong to me etc. I also indicated that any contract they incorrectly thought they had would have been in breach of Consumer Contract Regs (after seeing it noted on this forum!) and therefore invalid.

    I heard back from Allay swiftly (again, I can provide a copy if helpful). They said they’d respond to the DSAR separately, and then proceeded to respond to my complaint. They said my details were filled in on a site called bank-refund-checker requesting them to conduct a free PPI check, at which point a LOA was signed that had their terms of engagement attached. This they say gave them permission to contact me regarding pursuit of the claim, and that they accepted this as a genuine opt in to their service and went ahead with contacting the lenders. They say the signature “may differ from your wet signature as it has been signed using a stylus, touch screen device or mouse”. I don’t even have a stylus or a touch screen computer, and the signature they’ve got could never have been achieved using a mouse. They go on to say that I was notified of their submission via email, and that they also sent a letter in the post but that as my current address details were not recorded correctly at opt in stage I may not have received it, and that any errors in my address history are not their responsibility!! I have no recollection of ever utilising a PPI checking website, I am very careful of such things, and have never received any correspondence from them.

    They go on to say “your digitally signed documents provided us with the authority to pursue the PPI check and therefore, we do retain a valid, signed Letter of Authority and Terms of Engagement, and the same documents are valid to send to the lenders with a formal complaint. As above, following the submission of this complaint, Allay issued notification of this update to you using the details given during your opt in and did not receive any communication to cancel this claim.” They also provide an IP address which they say relates to the device the information was sent from. I’ve looked up the IP address and found it linked to a totally different part of the country to where I am! I’ve even spoken to my internet provider for clarification and confirmed that the IP address is not linked to my internet service / devices.

    Allay finish off their response by saying they’re expecting full payment of their fee and attaching their invoice.

    HELP!! Any advice on where I should go from here would be hugely appreciated. I cannot believe the terrible way this company are behaving and do not want to give them a single penny for a service I never instructed them to perform. Thank you in advance.
    Tags: None

  • #2
    Hiya

    Thanks for the concise post.

    Have you received the DSAR response from Allay yet? It's unlikely you'll get one.

    Normally we'd advise going to the Claims Management Ombudsman although of the few Allay cases i know about that have, the Ombudsman has sided with Allay. The main reason being the the Ombudsman refuses to adjudicate on whether a signature is genuine or not, which is obviously at the heart of the matter fior victims.

    However that doesn't mean you shouldn't go to the Ombudsman yourself with this. If you're unhappy you should. But in my view the complaint needs to cover a lot more issues - some you've raised - for it to succeed.

    By all means send me Allay's response and I'll let you know what I think. nick@legalbeaglesgroup.com



    Comment


    • #3
      Hi Nick,

      Thanks for the speedy response. No, I haven't received a response to the DSAR request yet, though did only submit it last week. I'll email you now with a copy of the initial complaint I sent to Allay, as well as there response. I would be very grateful for your pointers on what else to include, both in responding back to Allay if that's a step I should take and in going to the Ombudsman. I most certainly am unhappy about the terrible conduct on Allays part.

      Thank you!

      Comment


      • #4
        Originally posted by EXC View Post
        Hiya

        Thanks for the concise post.

        Have you received the DSAR response from Allay yet? It's unlikely you'll get one.

        Normally we'd advise going to the Claims Management Ombudsman although of the few Allay cases i know about that have, the Ombudsman has sided with Allay. The main reason being the the Ombudsman refuses to adjudicate on whether a signature is genuine or not, which is obviously at the heart of the matter fior victims.

        However that doesn't mean you shouldn't go to the Ombudsman yourself with this. If you're unhappy you should. But in my view the complaint needs to cover a lot more issues - some you've raised - for it to succeed.

        By all means send me Allay's response and I'll let you know what I think. nick@legalbeaglesgroup.com


        Hi Nick,

        The emails should be with you now. Thanks v much.

        Comment


        • #5
          Ok thanks.

          Their reply is obviously a final response so although we could go to the Ombudsman now it would be worth holding in case they comply with your SAR which if they do might throw up some additional information. I'd be happy to help draft a complaint to the Ombudsman.

          Also I'm not sure if you had it in writing from your internet provider that the IP address Allay quoted isn't yours but if not it would be worth trying to get it in writing, although I appreciate that might not be easy.

          Just so I'm clear on your addresses, the LOA has a current address post code ending in DZ and a previous address ending in RE. Which one was your current address at the date of the LOA (24/07/2019) ?

          So in the meantime I'd respond to Allay with something like the following:

          Dear Sirs

          I refer to your final response to my complaint for which I am wholly unsatisfied with.

          Although I fully intend to refer the complaint to the Claims Management Ombudsman I shall do so once you have fully complied with my DSAR request which you have confirmed '' will be issued to you within 30 days'', ie by 28 February.

          Until such time as the Ombudsman has issued his adjudication it would clearly be inapproriate to continue to request payment from me.

          Comment


          • #6
            Originally posted by EXC View Post
            Ok thanks.
            Their reply is obviously a final response so although we could go to the Ombudsman now it would be worth holding in case they comply with your SAR which if they do might throw up some additional information. I'd be happy to help draft a complaint to the Ombudsman.
            Also I'm not sure if you had it in writing from your internet provider that the IP address Allay quoted isn't yours but if not it would be worth trying to get it in writing, although I appreciate that might not be easy.
            Just so I'm clear on your addresses, the LOA has a current address post code ending in DZ and a previous address ending in RE. Which one was your current address at the date of the LOA (24/07/2019) ?
            So in the meantime I'd respond to Allay with something like the following:
            Hi, thanks for your helpful response.

            Neither of the addresses listed were current at the date of the LOA, that's one of the many baffling issues. What they've used as the current address is donkies years old, so not even a case of a cross over due to a house move or whatever. I saw from the banks DSAR response that this address issue was picked up by the bank. The bank wrote to say that the address used on the application did not match the address they held on their files, and that until I contacted them to provide the correct details they would not be able to proceed. But they sent that letter to the old address, hence I never received it (despite me banking with them for decades and them communicating on all other matters to my correct address). I can't understand how the process was then able to proceed beyond this without my response. There's also the signature issue, which bears no resemblance to my actual signature that the bank have had on file for years.

            How would you suggest I take things forward with the bank? I've done the DSAR bit, should I now submit a complaint?

            With Allay, I'll do as you advice and wait to see if they reply to the DSAR. Your help in drafting a complaint to the Ombudsman would be really appreciated, thanks.

            I spoke to my internet service provider by phone, not sure of the chances of getting them to put something in writing about the IP address. I can log in to my account and the IP details are displayed there, but am assuming it wouldn't be wise to furnish Allay with any additional personal information.

            PS. What are your thoughts on the integrity of the 'terms of engagement' document I shared? As far as I can see they could have attached anything, there's no date, no signature, no unique reference etc. And I noticed the wording at point 2 differs from another set of terms I saw on here for roughly the same period in time (June 2019). Just not sure what they think that document is supposed to prove?

            Comment


            • #7
              Your IP address, unless you have arranged for a fixed one, changes regularly. The current address will be found by interrogating the Modem/Router. Your ISP will have a range of addresses that are available for them to use, if the address the claimant has is outside that range then they are talking rubbish. The ISP should have a record of which address is allocated to who and at what time and for how long, though how long they keep that I do not know.

              Comment


              • #8
                Originally posted by ostell View Post
                Your IP address, unless you have arranged for a fixed one, changes regularly. The current address will be found by interrogating the Modem/Router. Your ISP will have a range of addresses that are available for them to use, if the address the claimant has is outside that range then they are talking rubbish. The ISP should have a record of which address is allocated to who and at what time and for how long, though how long they keep that I do not know.
                Thanks for these helpful insights. I hadn't realised the IP address changes so have rang our ISP again this afternoon. The lady said the records she can access only go back to Jan 2020, but we've had the same IP address during the whole period since then. She's raised a technical query to try and determine the IP address on the 2019 date in question, she said she can't promise anything but will ring me back when she gets a response and put it in writing.

                Don't know if these efforts will make any difference mind you. Suppose Allay will only come up with an alternative argument.

                Comment


                • #9
                  It's unusual for you to have the same address. It usually changes if they reset their systems or your modem/router is reset either remotely or by you. No matter, ask them the next time for the IP address range they are using

                  If you interested in your current address then sign in to the router. The details are normally on the bottom of the router an IP address and username and password. Type the address into the address field of a browser and follow the prompts. The info is usually under WAN. IP address is in the form 192.168.1.xx or 10.1.xx.xx.

                  Comment


                  • #10
                    Originally posted by ostell View Post
                    It's unusual for you to have the same address. It usually changes if they reset their systems or your modem/router is reset either remotely or by you. No matter, ask them the next time for the IP address range they are using

                    If you interested in your current address then sign in to the router. The details are normally on the bottom of the router an IP address and username and password. Type the address into the address field of a browser and follow the prompts. The info is usually under WAN. IP address is in the form 192.168.1.xx or 10.1.xx.xx.
                    Scrap that earlier message, the lady called back to say that there have actually been various IP addresses since Jan 2020, but none even remotely matching what Allay have provided. She can't get hold of any IP data prior to Jan 2020 though. She's put the below in an email to me which I've anonymised, do you think it's useful for pushing back to Allay? I didn't see your message in time to ask about the IP address range, is it worth me calling them back to check on that?

                    "Dear X,
                    Thank you for your patience.
                    I have had an update from X and we can't get the IP address from 2019. We no longer have the details on file for the IP address used on the XX-XX-2019. We don't have the information, So a company can't prove an IP address was linked to yourself on the XX-XX-2019. After our discussion today I believe what you are experiencing is a scam.
                    I have checked the account and the IP Address XXX.XX.XXX.XX which you provided does not match any IP address on the account or even close to ones you have used previously.
                    Please do not hesitate to get back in touch by phone on XX if we can assist with anything else."

                    Comment


                    • #11
                      If the first number is different then no chance of a match, but get the range they have allocated to them anyway as proof it could not have been your address.

                      Comment


                      • #12
                        Originally posted by ostell View Post
                        If the first number is different then no chance of a match, but get the range they have allocated to them anyway as proof it could not have been your address.
                        Yes the first number is different. Just to clarify, what do you mean by 'get the range they have allocated to them', am I asking them to confirm what IP range they have allocated to my account? Or is the point moot now that they've confirmed the IP address Allay have provided simply does not match nor come close to ours? The lady did also advise that we do not provide our IP address to Allay.

                        Comment


                        • #13
                          Each ISP has a range of addresses that they are allowed to allocate to their users. This is a world wide allocation of numbers.

                          Comment


                          • #14
                            Originally posted by ostell View Post
                            Each ISP has a range of addresses that they are allowed to allocate to their users. This is a world wide allocation of numbers.
                            OK, understood. Will contact them again and see if they'll provide that info.

                            In any case I feel satisfied that the ISP are essentially confirming the IP address provided by Allay is useless since it can't actually be linked to me or anyone else now that so much time has passed. She also mentioned that no IP address allocated to us would ever start with the number Allay provided.

                            Really peeved this is all taking up so much time to try and resolve.

                            Comment


                            • #15
                              Here's a page to find out the ISP Webupdates — RIPE Network Coordination Centre
                              Enter the IP address in the field "RIPE data base query", scroll down the page to click on search and search results appear below. You should get a brief description of the owner of the IP address. Try it on your own first.

                              Comment

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