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    • Thanks BN. I should add, that any Bailiff action is, to my mind unconscionable under the present circumstances, and the point should have been raised by the Master IMO. As usual our problem will not be, what the amendment says.  But more, what some EA will imply it says, on the doorstep.    
    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Recommended Posts

Hi, (sorry for the long intro but I feel I should 'set the scene')

 

I wonder whether anyone could advise re email I received from Allay Claims.

 

I have usually completed any PPI claims myself but there were two accounts that I could not track down and initially asked Allay to look into them, however (and to be honest, I am not sure how but I assume as near to deadline)

 

I agreed to them looking in to an old HBOS account.

They emailed me a couple of times re an update with HBOS but I didn't receive an outcome.

I did receive a letter from them stating they had been successful with Capital One.

 

I had a capital one card many years ago and fell out with them regarding late payment fees and their inability to help me until I returned to work. I subsequently (stupidly maybe) defaulted on the account and it would have now probably been statute barred.

 

I would never have agreed to Allay contacting them purely because I know there would be no point, any money they were successful at acquiring, Cap One would keep against the balance owed to them.

 

I queried this with Allay and they sent me a copy of the letter from Capital One and also a copy of a form 'signed by me' giving them possession to contact Cap One. It is definitely not my signature.

 

I decided to SAR them to see what information and paperwork they had relating to this and have received an email from them today attaching the same two documents as before, a copy of their invoice and the letter I sent to them re the SAR.

 

The email is lengthy, telling me they are a legitimate company, stating they would only contact third parties with my permission, how they would never forge signatures (I had not suggested to them they had) pointing out how I might have contacting them, what web site i might have used and how I had signed an electronic form (I honestly don't remember signing one but maybe I did but anyway, I work for a living signing electronic forms and am quite good at my signature) .

 

They carry on to explain my obligations and that they have a complete audit trail of my signature etc (which they haven't provided but could provide if I asked - I thought I had with the SAR)

 

My question is,

can I insist on paper version of the SAR and surely they must hold more information than this.

They were emailing me about HBOS an Santander accounts so there must be details relating to this not to mention the audit trail they mention for proof of signature.

 

Would it be useful for me to contact Capital One with SAR seeing as I am guessing Statute Barred with be no more.

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once a debt is statute barred its always SB'd,

however, if the original creditor still owns the debt and it has not been sold

they are quite entitled to offset any reclaim against the balance they still hold..

 

as for allay wanting their supposed fees

it's not the 1st time they've pulled the copied signature dodge.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for being so quick with a response. Yes, I assumed they would keep any award made to me which is why I wouldn't have bothered to pursue it. Does their email constitute a proper response to an SAR request or can I ask for more info.

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ok you need to read around on here a bit regarding allay ...

by you agreeing to them investigating 'PPI'...be it even on one account you also signed authorisation to investigate 'all'

 

however that doesn't mean you owe them their fees northat they can fake paperwork.

 

i bet were you to pop their email up here to one multipage PDF, after reading our upload guide

it will be the same as the rest here already

 

but you need to understand that they DO sometimes do court and by you sadly 'engaging' with them and playing your cards early, giving them time as they have to fake documents, they will be more inclinded to issue a claim.

 

but lets see everything in/out please

 

i've beaten them numerous times myself .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, I have put all the emails and attachments together.

 

there have of course been the regular threatening paper mail standard letters and texts. Probably phone calls but I have blocked their number. I

 

t is the email on the 28/8/19 I probably should have paid more attention to.

I thought they were just phishing for accounts randomly as apart from 2 HBOS accounts and MBNA, haven't had dealing with any of the others like Santander and HBSC.

 

any advice you can give would be appreciated.

 

Think I've done it now

 

Allay 2(1).pdf

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You need to make a formal complaint to them and if they reject it you can then go to the Claims Management Ombudsman.

 

Although Allay have taken people to court they have recently lost 2 cases on the basis that the form people signed was merely a 'free ppi check' form and not in fact a letter of authority or agreement. They also lost on the grounds that they didn't provide a copy of the agreement in a durable medium or a cancellation form at the point they claim the contract was stuck, contrary to distance selling regulations. So in my view it's it's unlikely they'd risk taking you to court for £75.

 

Also FCA CMCOBS provides that a CMC cannot rely on a digitally generated signature that isn't an image of a hand written signature.

 

image.png.0f8ce4202fc529d02df16b10ce0b0bfd.png

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Thank you for your advice. Is there a specified format or template or shall I just draught something around your advice (which I am happy to do)? I am very grateful for all the advice so far.

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Just draft it including all the grounds I've mentioned. If you want to post it up I'm happy to review it.

 

I'm not sure how you first got invloved with them but the SAR response did say it could have been through Bank Refund Checker, which Allay promoted on Facebook etc. If so it would be worth mentioning that the FCA banned them from these promotions and the ban was effective from 16 August 2019 through to 7 February 2020.

 

image.thumb.png.c14c6f6f7c5718e7f4a9e28b43bed91e.png

 

 

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