Jump to content


PPI Allay Claims....Letter Before Claim


Recommended Posts

Posted (edited)

Over 12 months ago I received an email from Allay saying that my 'PPI claim against Lloyds Bank had been successful' and that I owed Allay £802.  I found this somewhat strange as I can't recall ever engaging Allay to pursue PPI on my behalf. 

 

a cheque duly arrived from Lloyds in respect of PPI reimbursement and I ignored further persistent emails from Allay asking for their payment.  A few weeks ago I received an email from AJJB Law who claim to act on behalf of Allay. 

 

AJJB law have issued me with a 'Letter Before Claim' and are threatening Court Action. 

I have not contacted them or Allay. 

What should I do? 

Can anyone offer any advice? 

I don't want a CCJ on my credit file but I also don't want to pay out £802 to a company that I have no recollection of ever engaging with.  

Edited by dx100uk
Spelling/spacing
Link to post
Share on other sites

  • FIONA4 changed the title to PPI Allay Claims....Letter Before Claim

have you ever engaged alley or one of their many trading names to reclaim any PPI ever?

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... 

Link to post
Share on other sites

Posted (edited)

I do not believe that I have. 

 

I've just searched 'Allay' on my emails and can see an old email from 2019 saying this: 

"We are unable to complete your PPI check as the Letter of Authority we hold on file is invalid.

 

What you need to do:
To get your claim back on track, please follow the link below to update your details and provide an electronic signature:"

It also has a link. 

 

I don't believe that I would have clicked on it. 

Edited by dx100uk
spacing
Link to post
Share on other sites

ok so if the letter of  authority was invalid, then they have no right to process your data

but if you clicked on the link, and gave that, it's another story.

 

have you ever used any company to reclaim any PPI for you in the past please, regardless to their name?

 

you must reply to the LOC, within 30 days, what date is on it please?

we'll deal with that too.

 

 

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... 

Link to post
Share on other sites

I do not recall ever having used any company to reclaim any PPI and I'm am unsure how they hold my details.  

 

I haven't actually received a LOC in the post, merely an email from AJJB Law statement that they had sent a LOC and that I should not ignore it.  That email was received today.  I am worried that they might have sent it to an old address (I moved house four years ago) but I am wary about contacting them and offering my current address.  Can they obtain a Court Judgement by default if the LOC goes to my old address and I don't receive it? 

Link to post
Share on other sites

You must contact them else you risk a backdoor ccj, as a side note...you should never be moving and not informing any debt owner of a debt on your credit file of your correct address.

 

reply to the email . State i have never authorised you to act upon my behalf nor ever signed a notice of authority with your client.

 

Dx

  • Thanks 1

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... 

Link to post
Share on other sites

Ok, so in this afternoon's post I have received the 'Letter Before Claim' from AJJB Law.  The letter is dated 17 Aug.  They do in fact have my correct address which is a relief.  

 

Within the letter it gives me various options.  Presumably I need to tick 'Box D' indicating that I dispute the debt, giving the reason that 'I did not give authority to Allay to act on my behalf'?

 

Box I also allows me to request more information or documents regarding the debt.  Do I simply ask for a copy of the authorisation that Allay hold from me?  Is there anything else that I should be asking for? 

 

Finally, there is an income and expenditure sheet at the back.  Should I provide this information at this point?  Thanks for your help with this worrying matter, it is appreciated. 

Link to post
Share on other sites

hit letter of claim<<click me

 

theres not one specific to CMC scammers but you've already got the idea

and our guidance following post 1 there will help you too.

 

do not use their form use our, and no you don't do the I&E sheet.

 

your reason is perfect.

  • Thanks 1

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... 

Link to post
Share on other sites

Yes tick box D but don't complete the I & E form. Where it asks for documents regarding the debt ask for everything and anything you can think of.

 

Allay will claim that you filled out and signed a 'free PPI check' ad on facebook which then somehow morphs into claims management contract if any PPI was found. They will claim that the 'digital' signature on the LOAs will differ from your normal wet signature because it was written using a mouse, stylus or touchscreen. 

 

Your main defence would be that they didn't comply with distance selling regulations by failing to supply you with a copy of the agreement and prescribed cancellation terms in a durable medium at the point of sale. Had they have done you would have known that they had held you into entering a contract and been able to cancel within 14 days.

 

It's unlikely that Allay would risk taking you to court for £800. As far as I know they haven't attempted to take anyone to court since they lost one last year.

 

 

 

 

 

  • Thanks 2
Link to post
Share on other sites

Thank you cjcregg for the advice.

 

Allay, through their 'solicitor' AJJB Law, have sent me a Letter Before Claim.   I was under the impression that this means that Court Action will follow.   Is that not the case?  

 

Thank you for providing me the details of my defence.  I suspected that they will try and claim that I 'signed' something electronically (I didn't!).  It will be interesting to see what 'authority' I gave them as I found an email (in my junk folder) from them dated 19 Aug 2019 stating this:

 

Dear Ms xxxxx,
We are unable to complete your PPI check as the Letter of Authority we hold on file is invalid.
What you need to do:
To get your claim back on track, please follow the link below to update your details and provide an electronic signature:
loa.allay.co.uk/3D406EA9-70E7-4C16-80ED-D70C84F4E29 

The deadline for PPI claims is 29 August 2019. If this is missed by you failing to respond or provide information to us, we will not be liable for any loss.
Kind regards,
The Allay Team

 

Finally, is it worth approaching Lloyds Bank and asking them what authority they have on file from myself, authorising Allay to claim PPI on my behalf? 

Link to post
Share on other sites

no a letter of claim is simply a THREAT!!

 

you could simply SAR LLoyds dont adapt it send as is, 

 

get that PAPLOC reply running to ALLAY solicitors by day 30 of their PAPLOC

  • Thanks 1

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... 

Link to post
Share on other sites

Without actually seeing it it's difficult to know if what you've got is a letter of claim or just the threat of one. If it includes an income & expenditure form for you to complete and return then it is, If it doesn't then it isn't.

 

If you could let me know I can advise accordingly.

 

For reference here's a recent judgment in a case where Allay lost spectacularly when they were foolish enough to sue someone, which is why I don't think they would risk trying again for such a relatively small amount. Although Allay produced a ''digitally'' signed letter of authority in their evidence bundle, the judge held that the defendant did not in fact sign it - effectively making a finding of fraud.

 

But as you can see even if the defendant had signed, the contract was not valid in any event as Allay could not demonstrate that they provided the defendant with a copy of the contract and the prescribed cancellation form in a durable medium at the point any contract was claimed to have been struck.

 

The distance selling regulations are a nifty piece of legislation as the burden of proof as to whether they have been complied with rests expressly with the seller.

 

aj.pdf

Edited by dx100uk
unnecessary previous post quote removed
  • Thanks 1
Link to post
Share on other sites

Thank you once again.  Very interesting and hopefully useful to learn about the distance selling aspect. 

 

Yes, I'm confident that what I have received is a Letter of Claim (see attached photos) and it does include an income and expenditure form for me to complete (I haven't done so). 

 

I have drafted my reply today using the generic form on this site, rather than the form they've sent me (although both are similar).  I've ticked boxes D and I and have attached a photo of my response.  Please let me know if there is anything further I should add.  Thank you for your kind help with this matter. 

Edited by dx100uk
upload links removed.
Link to post
Share on other sites

please read upload and use one mass PDF only,

file hosting site contain virus links. and we need everything on one file only.

 

 

if you hit letter of claim.

from post 2 you'll see a pdf on each page

download and use that.

do NOT use the form they sent you in the PAPLOC pack

  • Thanks 1

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... 

Link to post
Share on other sites

Hiya

 

I think that's very good. I wouldn't give them any more reasons as to why you dispute the debt at this point though. Obviously don't fill out the I & E form as you have no intention of paying them.

 

Have Allay given you any indication as to what online platform you are supposed to have given your agreement to them on? It's usually bank-refund-checker.co.uk which was heavily promoted on Facebook under 'Angies Advice'. Although the site is offline now an archive of it is still available on the Wayback Machine:

 

 

Their standard particulars of claim say that customers fill out the form online and then sign it digitally ''with a stylus, touch screen or mouse'' so that your actual signature may differ from the one on the agreement - except as you can see there is no signature field in which to do so! In any event there is no provision in FCA CMCOBS (the regulations which govern the conduct of claims management companies) which allows for agreements to be signed digitally without it being an image of a handwritten signature - see  section 2.1.11 (2) CMCOB.pdf

 

Does the bank-refund-checker site look familiar? A lot of people began filling out the form but never submitted (or indeed signed) it but I have reason to believe that the data inputted by the users was captured and retained in real time. 

 

FCA actually banned Allay from using the promotion anywhere on the internet effective from 16 August 2019 so if they claim you signed up after that date you've got them cold - see below.

 

Keep us posted on any response.

 

 

 

 

 

FCA Ban.pdf

 

oops link didn't work - CMCOBS attached.

CMCOB.pdf

Edited by cjcregg
Link to post
Share on other sites

37 minutes ago, dx100uk said:

please read upload and use one mass PDF only,

file hosting site contain virus links. and we need everything on one file only.

 

 

if you hit letter of claim.

from post 2 you'll see a pdf on each page

download and use that.

do NOT use the form they sent you in the PAPLOC pack

Thanks dx100uk.  I did follow your advice and used the link to the 'letter of claim' and used the PDF form in the PAPLOC pack, rather that the form Allay sent.  

 

Apologies for the links to my photos...yoyr comments are noted and I will use one PDF in future.  Thank you. 

Link to post
Share on other sites

Thank you crgregg.  Neither Allay, nor their 'solicitor',  have informed me of the platform I allegedly used to access their services.  The archived website you've highlighted doesn't ring any bells and I'm always sceptical of such services, therefore I doubt I would have clicked through them. 

 

I definitely haven't received any copy of agreement, nor given details of the cancellation procedure, so I guess my defence will focus strongly on that point.  I'm fascinated as to where they got my details though (name, address and email).  

 

I will keep this post updated if or when I get a response from Allay/AJJB Law. 

 

Thanks for your help.  

  • Like 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...