Allay Claims strikes again, again

[Billybudd]

Hi Folks, hopefully I can get some advice please...

I had a PPI claim managed by Allay around 2019, I think this was via Facebook but don't remember signing up to it and dont have any paperwork for it.
Had some letters that they had found PPI with Natwest and they had won the case. I don't remember what happened after that.
Recently I had lots of texts and letters from them for payment but as Im struggling with debt I left this as I had bigger problems to sort.

Now I have been issued a County Court Claim form to fill out / sort out - this was sent 15th Oct.

What should I do? Is there a way I can delay this until I get / request the paperwork? Claim at County Court is about £500 and claim is via AJJB Law Ltd

Many thanks.

[echat11]

EXC Can you please take a look and advise, many thanks.

[EXC]

Hi Folks, hopefully I can get some advice please...

I had a PPI claim managed by Allay around 2019, I think this was via Facebook but don't remember signing up to it and dont have any paperwork for it.
Had some letters that they had found PPI with Natwest and they had won the case. I don't remember what happened after that.
Recently I had lots of texts and letters from them for payment but as Im struggling with debt I left this as I had bigger problems to sort.

Now I have been issued a County Court Claim form to fill out / sort out - this was sent 15th Oct.

What should I do? Is there a way I can delay this until I get / request the paperwork? Claim at County Court is about £500 and claim is via AJJB Law Ltd

Many thanks.

Hiya

Just need to clarify what you received from AJJB. Is it a pre-action 'letter before claim' with a reply form and income & expenditure form to complete & return?

[Billybudd]

Hi there, No it is a proper County Court Business Centre Claim form. I have just started the Acknowledgment of Service part.

[EXC]

Ok well you're doing the right thing by acknowledging the claim.

You could have a good chance of defending it.

Allay took one of our members to court last year and she won. Despite the fact that she got a PPI refund as a result of claim made by Allay, the court held that she didn't in fact consent to them making the claim even though Allay produced a letter of authority with a digital signature they claim she authored. It also held that even if she had consented, the contract would have been invalid due to Allay not complying with distance selling regulations.

See here Allay LOSE in Court - LegalBeagles Forum

[Billybudd]

Ok, Thats great, I'll have a read through. In the meantime is there any letters to send off or things I should do? Thanks so much for your help!

[EXC]

For now just acknowledge the claim indicating that you intend to defend in full. Don't fill out the defence box. You need to file the acknowledgment no later than 14 days after the date of service of the claim (when you received it). Then you file your defence no later than 28 days after the date of service.

Can you post up the claim so I can see the particulars of claim?

[Billybudd]

Hi there, I have Acknowledged the claim yesterday within time. Please see the particulars attached. thanks for your help

[EXC]

Attached at the bottom of this post is the defence that one of our members used successfully against Allay, so you can edit to suit. Post up a draft when you've done it and I'll take a look.

[EXC]

Hi there, I have Acknowledged the claim yesterday within time. Please see the particulars attached. thanks for your help

Hold on, it says the invoice date was 13 October, just 2 weeks ago.

Can you send me a copy of the claim form please to nick@legalbeaglesgroup.com

Also what date are Allay saying you signed up with them in 2019?

[EXC]

Hiya

Got it but I'm still none the wiser about about the very recent invoice date and the date Allay say you signed up with them.

So a few questions:

1. What date are Allay claiming that you signed up with them via Facebook?

2. Do you have a copy of the invoice and if so can you send it to me?

3. Prior to receiving the claim did you get a letter of claim which included a reply form and financial form to complete and return and if so did you?

4. It would be handy to see some of the letters you got from Allay/AJJB about them winning your case and also the recent ones asking you for their fee.

5 Did you ever actually receive a PPI refund from Nat West?

[Billybudd]

Hi There, sorry about delay in responding, Dug out what paperwork I had and will to try and answer some questions...


1. What date are Allay claiming that you signed up with them via Facebook?


I don't know for sure but the Proforma Invoices (there are 2 for 2 different claims) are dated 22/10/19

2. Do you have a copy of the invoice and if so can you send it to me?

Yes, I have 2 Pro forma invoices

3. Prior to receiving the claim did you get a letter of claim which included a reply form and financial form to complete and return and if so did you?

No - I've only just found this while looking for their letters.

4. It would be handy to see some of the letters you got from Allay/AJJB about them winning your case and also the recent ones asking you for their fee.

OK I have these

5 Did you ever actually receive a PPI refund from Nat West?

Yes

[echat11]

EXC Can you please take a look, many thanks.

[EXC]

Hi There, sorry about delay in responding.

If you need help with this responding promptly is critical. Just looking at the dates again you've got 28 days from the date of service of the claim to file a defence, which means it's got to be in by about this weekend so we need to work fast.

You had previously sent me 2 'letters before claim' - one dated 19 Aug for £151.38 and another dated 14 Aug for £382.59, and it's the latter that they appear to have issued the claim for.

The 2 invoices you sent me are for £151.38 and £35.69 respectively and so don't appear to be related to the claim.

1. Did you ever reply to the letters before claim?

2. In the docs you previously sent me I don't have an invoice or any paperwork relating that particular invoice or the claim it's related to. Do you have it?

3. I have no idea if you received a PPI refund in relation to the commission of £382.59 that they're claiming or if they did, whether it was a result of them claiming it from the bank or you (or another CMC). Do you know?

[Billybudd]

[QUOTE=EXC;n1596439]

If you need help with this responding promptly is critical. Just looking at the dates again you've got 28 days from the date of service of the claim to file a defence, which means it's got to be in by about this weekend so we need to work fast.

You had previously sent me 2 'letters before claim' - one dated 19 Aug for £151.38 and another dated 14 Aug for £382.59, and it's the latter that they appear to have issued the claim for.

The 2 invoices you sent me are for £151.38 and £35.69 respectively and so don't appear to be related to the claim.

1. Did you ever reply to the letters before claim?

2. In the docs you previously sent me I don't have an invoice or any paperwork relating that particular invoice or the claim it's related to. Do you have it?

3. I have no idea if you received a PPI refund in relation to the commission of £382.59 that they're claiming or if they did, whether it was a result of them claiming it from the bank or you (or another CMC). Do you know?


Hi There, in answer to your questions,

1. No I didn't respond to the letters. My wife was ill over last few months and let all this get on top of me.

2. I will have another look this evening, but can't find it so far.

3. As far as I know, I already had a direct claim going through the Financial Ombudsman with Natwest, so dont know for sure if it was directly a result of them winning for me. I did get a Cheque in the end from Natwest

Thank you for your help.