Allay Claims

[Mallowhouse]

I am writing on behalf of my partner, Patricia Shepherd, who has joined a very large club of people subjected to harassment by Allay Claims via text and continuous letters demanding payment of PPI claim fees. Along with others, Allay have got hold of her personal details (I think from Barclays but without any permission from her) and have produced a fictitious digital letter of authority with a faked signature. This is the only documentation they have and they are using it as the sole means of justifying their claim.
She did in fact receive a PPI payment from Barclays that arrived out of the blue. This was presumably paid by Barclays on the strength of the spurious digital letter of authority, but that money is rightly hers and Allay's 40% fee does not seem legally supported in any way. If she had formally proceeded with a PPI claim she would not have agreed to paying anyone 40% of the claim. How do we stop this continual unwelcome contact from them?
Thank you
Paul Abbott
mail@architectstwo.co.uk

[EXC]

Hiya

If you can give me all the details we can help you draft a formal complaint, which you can then take to the Claims Management Ombudsman should Allay reject it.

Allay's 40% fee

When did Allay claim the LOA was signed? The commission that CMC can charge for PPI claims was capped at 20% + VAT for all agreements that were signed from July 2018.

[Thread moved to Claims Management Forum]

[Mallowhouse]

The LOA was dated 30-07-2019. My mistake regarding the percentage of Allay's fee. Their invoice DATED 26/03/2020 actually refers to 24% inc VAT

[EXC]

Does the LOA look like this?

[EXC]

If it's the same LOA then you can argue that it isn't 'digital' as it makes references to returning it in the envelope provided. As it isn't digital it could not have been completed and signed digitally, and also that you didn't complete it yourself as it clearly istructs the subject to sign in the boxes if you write ANYTHING on it.

The only course of action is to make a formal complaint on the basis that you didn't give them your informed consent to talk top Barclays on your behalf. Although Allay will almost certainly reject it, it then means you can take it to the Claims Management Ombudsman. It's not a speedy process but Allay usually at least suspend collection activity on the 'debt' pending the Ombudsman's decision.

If you want some help drafting the complaint I'm happy to help but I need to see all the correspondance between you & Allay and the LOA. Email it to me at nick@legalbeaglesgroup.com

[Mallowhouse]

A draft complaint would be helpful and yes that is exactly how the LOA looks.

I am attaching as much relevant post and email correspondence, including the disputed LOA . The crux of this seems to me to be the disputed LOA. Is it normal/legal for a CMC to proceed with only one document that makes no reference to a contract, their fees or anything else?

[EXC]

Hiya

I've removed the documants from your post as they had your personal information.

Let me have a look and I'll get back to you.

The crux of this seems to me to be the disputed LOA. Is it normal/legal for a CMC to proceed with only one document that makes no reference to a contract, their fees or anything else?

It's normal for Allay! That's one of the grounds we need to complain about.

[EXC]

Ok it looks like you already complained to Allay and they responded in July 2020. They said that if you're not happy with the response you can go to the Financial Ombudsman, but that's wrong as it should be the Claims Management Ombudsman. I can see that you complained to the Financial Ombudsman but he referred you to the Claims Management Ombudsman in April 2020.

The problem we have here is that the Claims Management Ombudsman will only accept complaints up to 6 months after you've received a final response from the company, or if the company doesn't give you a final response within 8 weeks of you complaining to them.

So technically we're out of time. But in your mitigation you were told by Allay to go to the wrong Ombudsman. The Claims Management Ombudsman might allow the late complaint on the basis that you didn't get a valid response from Allay (telling you to go to the wrong Ombudsman). See here

Could you send me the original complaint you made to Allay please (the one they responded to you on 31 July 2020?

Also did you ever go to the Claims Management Ombudsman as the Financial Ombudsman suggested to you?

[Mallowhouse]

Thank you for your speedy responses. Unfortunately I cannot find that original complaint letter. We did not approach the Claims Management Ombudsman and did not appreciate the time limitations of making complaints.
Since Allay have been sending texts and letters requesting payment following their original invoice dated 26/03/2020, all without success from their point of view, is there a point when they will actually initiate court action? If so what chance does their claim have if it is solely based on a fraudulent LOA?
Much as it pains me to even think about it, should we be considering paying them £1,295.97 rather than face, I assume, the inevitable legal expenses of defending ourselves in court?

[ostell]

Any claim would be small claims track with limited costs. Court fees £70 and probably similar for legal costs so probably less than £200.

[EXC]

Having done a bit of research I think it's doubtful that the Claims Management Ombudsman will accept a complaint now.

Since Allay have been sending texts and letters requesting payment following their original invoice dated 26/03/2020, all without success from their point of view, is there a point when they will actually initiate court action?

I think the chances of them issuing a court claim are pretty low. As far as I'm aware they have only ever once taken anyone to court once and they lost spectacularly - see here Allay LOSE in Court - LegalBeagles Forum

So once bitten twice shy, in my opinion.

If so what chance does their claim have if it is solely based on a fraudulent LOA?

It wouldn't be responsible for anyone to give you an estimation but all I can say is that if I were defending a similar case I wouldn't lose a minute's sleep over it. It's not just the LOA issue they'd need to overcome but the distance selling regulatiions (referred to in the judgment in the link above) that they'd need to prove they complied with, which they didn't so therefore can't - in my view. We'd be happy to assist in drafting your defence and witness statement as we did in the case above. There was never a hearing as the judge heard the case 'on paper' so it couldn't have been easier really.

In some ways it would be better if they did take you to court to resolve the matter as otherwise they may continue to hassle you for payment for a long time, or sell on the 'debt' to a debt-purchasing company who would do the same.

If I were you I'd continue to ignore the payment demands for now and hope they just give up.

[Mallowhouse]

Very sound advice. In an attempt to turn off the harassing flow of demands for payment, I am thinking of sending Allay the following email:

We continue to receive letters and texts from you demanding payment. Just for the record, you had no legal authority to act on Patricia Shepherd’s behalf in making a PPI claim and any requests for payment from her are completely without foundation.
Cases similar to this have been put to the test in the courts, where you failed, and should you consider taking further action your claim will be vigorously contested. Please desist from all further communication and confirm by email

Do you think that might have any effect?
PS - I must ask why you have Steely Dan lyrics in your posts....

[EXC]

Very sound advice. In an attempt to turn off the harassing flow of demands for payment, I am thinking of sending Allay the following email:

We continue to receive letters and texts from you demanding payment. Just for the record, you had no legal authority to act on Patricia Shepherd’s behalf in making a PPI claim and any requests for payment from her are completely without foundation.
Cases similar to this have been put to the test in the courts, where you failed, and should you consider taking further action your claim will be vigorously contested. Please desist from all further communication and confirm by email

Do you think that might have any effect?

Nope.The best policy is to ignore them. Have you looked into whether you can block their number from your phone?

PS - I must ask why you have Steely Dan lyrics in your posts....

It was an old personal joke I won't bore you with!

[Mallowhouse]

Well that wraps things up nicely...thank you so much for all your advice and a completely brilliant forum
Regards

[Kiera_44]

Hi, new here, and I wanted to share my experience with this awful company which has been ongoing since Summer 2019.

I was on holiday in a remote area in Spain with my children when I started getting bombarded with multiple daily texts and emails addressed to my husband about signing with them and successful claims. My husband died in May 2016.

It's now 2021, and they're still harassing me/him. I've given up contacting them. I provided his death certificate in Summer 2019, and that in itself was time-consuming and a nightmare. I requested they stop immediately.

I think they just pass it to the next person. I've done this multiple times now. It stops for a few weeks, then the letters and texts and emails start up again. I've given up trying; I honestly have. The last time I did, they then claimed I'd signed paperwork, along with telling me that my signature was, of course, nothing like my real one?
I haven't recruited them or signed up with them any more than my deceased husband did back in 2017.

Allay Claims have caused me a serious amount of upset when I was trying to get over the sudden loss of my husband, which left me a widow with two young children. Years later, and they're still doing it.