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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PPI Allay Claims....Letter Before Claim


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

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
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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? 

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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. 

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  • 2 weeks later...

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? 

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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
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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. 

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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.  

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