I think I'm being conned by Allay (PPI)

SonOf

What this means is that your complaint has not been upheld. It has been rejected. All rejected complaints then have to be reviewed under Plevin guidelines (the undisclosed commission rules that even the regulator didnt know about - so a bit of luck for consumers).

This means any commission over 50% is refunded. i.e. commission of 65% means you get a 15% refund.

Referral to the FOS would be if you disagreed with the outcome of the complaint. A rejected complaint doesnt mean you automatically refer it ot the FOS. If the response from HBOS appears correct then it would be wrong to refer it to the FOS. However, if you disagree with HBOS and believe the available information supports your position, then you refer it to the FOS. The uphold rate at the FOS on PPI is only around 25% currently. It was much higher than that in earlier PPI complaint days.

My query now relates to the invoice from Allay as said above and what I should do if I haven't signed any letters of authority with them as I'm pretty sure I haven't. Hope this helps.

The good thing is that Allay are now regulated by the FCA and you can now use the same complaints process against CMCs that they have been using against the banks.

So, if you have reason to complain about Allay, then do so using the regulated complaints process. i.e. mark your letter Formal complaint (you dont have to do that but it does make it abundantly clear you are complaining). If Allay reject your complaint and you feel that they are wrong, then you can refer it to the FOS.

Everybody has the right to complain and regulated firms (such as CMCs and the banks) have a defined regulated complaints process that needs to be followed.

You feel wronged by them so make your complaint.

[Deleted User]

Saffy123 wrote: »

So in effect the payment I've got relates to this....i.e., the Unfair Relationship commission. I understand if I had received the PPI this would have included this...

Yes, your complaint actually failed and the Bank are therefore only refunding undisclosed commission due to the Plevin Ruling. Son Of's first response is due to his missing this part of your original post.

Allay may well want to refer the complaint to the Ombudsman to see if they will uphold and award a full refund. It's ultimately up to you whether to proceed with such a referral, but certainly you can still accept the current Plevin refund which would simply be subtracted from any further award.

On what basis would you refer the complaint to the Ombudsman, however?

Saffy123 wrote: »

My query now relates to the invoice from Allay as said above and what I should do if I haven't signed any letters of authority with them as I'm pretty sure I haven't.

I already responded to this query on the 24th December...

If you want pursue it, request they provide evidence that you employed them and, if they cannot, you can refer your complaint about them to the Ombudsman...

Saffy123

Hi thanks so much for the responses much appreciated and apologies if I seem to be talking an answering myself. I am happy with the award under the Plevin guidelines.

I guess I just have to decide whether to just pay up or ask them to provide evidence that I did in fact employ them, I will think on it for a few days.....I will let you know what I decide.

Again many thanks

Saffy

brettcta

They’ll have a signed letter of authority as evidence, just stump up.

Allay have employed some questionable tactics to get signatures, including advertising as ‘angie’s advice’ on Facebook where unwitting mugs provided a digital signature without reading the small print.

Saffy123

Hi thank you for the input - what makes you so sure they will have a signed letter of authority ? no harm in me seeing that signed letter of authority then assuming there is one ? If there is I have absolutely no problem with stumping up, if there isn't then I may question it further.

I never clicked any links via Facebook for sure....

Saffy

ear161

I too have been conned by this company so anyone with any success on beating them and their underhand ways, I'd be grateful to know.
We received PPI back for several claims through another company who were excellent and charged 10%+vat. All fine and sorted.
I suddenly received communication from Allay saying that they were in the process of getting my PPI back. I told them it was all sorted thanks and I didn't need them.
They then sent me an e LOA that we supposedly signed (doesn't even look like our signature) and I had no recollection of this. I think it may have been the "FREE PPI Check" that we thought that we were doing, probably on Facebook.
I told them to stop immediately and they then sent me 10 invoices. When I was checking what on earth this was all about, I had 3 e mails from them and several automated ones that I hadn't seen as they are on an account we don't really look at.
The charges are a cancellation fee on each account (£60 x10) and then 30 e mail charges @£40 per e mail despite the fact that only 3 short e mails were received plus 80 automated e mails have been invoiced. They didn't send 80 - they sent 8 but have charged it 10 times. They want £2600 from us and we have never signed any paperwork other than "supposedly" this very misleading Free PPI Check - if we did in fact sign this. I'm so upset and angry - if anyone knows best action to take, I'd appreciate it as 10 cancellation charges, 30 e mails and 80 automated e mails is just pure robbery and surely a judge would not see that as acceptable? I don't want to deal with Allay any more as they will probably continue to charge me 10 times for 1 call.

SonOf

probably on Facebook.

Never act on Facebook adverts. It is one of those general rule of thumbs. A day doesnt seem to go by where someone who feels they have been done says they did it via on advert on facebook.

As per the earlier replies, you should make a complaint to Allay and refer it to the FOS if they reject.

DCFC79

Could just do the work yourself, send the relevant letter off and await rhe response.

Saffy123

ear 161 - that is a crazy amount of charges for sure and as said I think you should make an immediate complaint to the FOS.

As for me, I think I will make a call to the FOS and see what they say regarding signatures and then depending on the answer, decide whether or not to call Allay and ask them to send me a copy of my so called letter of authority.

Also what I've noted about the invoice - it is a Pro Forma Invoice - not sure whether this means I will receive another which is not Pro Forma ?

Also states......E. & O.E. which I believe reduces legal liability and there may be mistakes so am concerned that even if I paid the invoice then could then come back at me for more money ?

Thanks again for taking the time to read and answer these questions.

Saffy

[Deleted User]

Saffy123 wrote: »

I think I will make a call to the FOS and see what they say regarding signatures and then depending on the answer, decide whether or not to call Allay and ask them to send me a copy of my so called letter of authority.

You have a bill/invoice which allegedly you have a legal obligation to pay.

If you want to contest it you will have to first request the Claim Firm send you proof (electronic signature etc) that you agreed for them to represent you in your PPI mis-selling complaint.

You do this via letter or E-Mail so that you have a paper trail of your request, do not call and ask.

If they cannot or do not send you satisfactory proof, then you can then make a formal complain to them on that basis.

They then have eight weeks in which to respond to your complaint and, if the response you receive is not to your satisfaction ONLY THEN can you refer your concerns to the Ombudsman.

There really is no point going to the Ombudsman at this stage unless you disbelieve what I have written in this post. The Ombudsman Service (call centre) will just tell you the exact same process I have detailed above.

To reiterate
(a) No point asking the Ombudsman at this stage as they cannot adjudicate until the firm have had a chance to consider any complaint you might make
(b)Request (in writing) that the Claim Firm supply proof that you agreed to them representing you.
(c) If no proof is forthcoming, complain (in writing) to them.
(d) Allow eight weeks for them to respond.
(e) If the response is not to your satisfaction (or you get no response after eight weeks), only then can you refer your complaint to the Ombudsman.
(f) Do none of the above via telephone. Maintain a paper trail of all correspondence.

Good luck, you are not the first to complain hence Brettca's post #25.