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EnergyVictim gets ultimate revenge on cold caller
Filed under: Your Rights
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Maximilian Schönherr/DPA/Press Association Images
He received £195 from the firm in question. And the result could pave the way for us all to start making claims.
Know your rights
The case
We've all had those moments when we're settling down to dinner, or stepping into a warm bath, and the phone goes. We drop everything to answer it, only to discover it's a cold call from a firm offering to reclaim mis-sold PPI - in return for a hefty cut of it.Richard Herman, a 53-year-old business owner from Sunbury on Thames, was sick of one particular firm calling. He was particularly irritated because he was registered with the Telephone Preference Service, which should have stopped anyone from making these calls.
Know your rights
He told the representative that from that moment onwards he would be charging the company £10 a minute for his wasted time, and recording the calls as proof.
The company called again - for 19 and a half minutes - so he issued an invoice for £195. After it remained unpaid after 30 days, he took the company to the small claims court. His application stated: "Invoice is for the use of time, phone and electricity for receiving telemarketing communications from PPI Claimline Ltd. I told them on the phone that I would charge at £10 per minute if I was called (harassed) by them again, and yet they still chose to call me again."
The company AAC - which makes the cold calls to try to get hold of details of individuals and their loans in order to sell them onto claims management companies - agreed to pay the outstanding amount and the £25 court fee. However, it made a statement that their records show that Herman had opted into receiving calls.
Can you claim?
Herman has set up a website at www.saynotocoldcalls.com offering advice to people plagued by calls. He offers six steps to a peaceful life on the site:1. Play along to find out their UK company name
2. Say "Call again & I will charge my time at £10/min
3. Record the call so that you have proof
4. If called again, play along to see who it is
5. Send them an invoice
6. Sue them in the small claims court
Of course, the fact that he runs a phone recording firm shouldn't go unmentioned, as the more people who follow his example, the more money he could potentially make.
However, his approach clearly yielded results for him, and could be a lifeline if you are plagued by calls and are willing to invest a bit of time and money into getting recompense.
10 of the biggest consumer rip-offs
- 1. Mobile data roaming charges<p> <span style="text-align: left; ">Using a mobile phone to make and receive calls, send texts and browse the web while abroad can be extremely costly – especially if you are travelling outside the European Union (EU), where calls can cost up to 10 times as much as at home.</span></p> <div> </div> <div> To avoid high charges, Carphone Warehouse suggests tourists ensure a data cap is in place, use applications to check data usage, turn off 'data roaming', avoid data-intensive applications such as Google Maps and YouTube and use wi-fi spots to update social networking sites.</div>
- 2. PPI<p> <span style="text-align: left; ">Payment Protection Insurance (PPI) is supposed to help people to continue meeting their loan, mortgage or credit card repayments if they fall ill or lose their jobs. However, policies are often over-priced, riddled with exclusions and sold to people who could not make a claim if they needed to.</span></p> <div> </div> <div> At one point, sale of this cover - which was often included automatically in loan repayments - was estimated to boost the banks' profits by up to £5 billion a year.</div> <div> </div> <div> Now, though, consumers who were mis-sold PPI can fight back by complaining to the bank or lender concerned and taking their case to the Financial Ombudsman Service (08000 234567) should the response prove unsatisfactory.</div>
- 3. The Lottery<p> It could be you, but let's face it, it probably won't be. In fact, buying a ticket for the Lotto only gives you a 1 in 13.9 million chance of winning the jackpot.</p> <div> </div> <div> With odds like that, you would almost certainly be better off hanging on to your cash and saving it in a high-interest account.</div>
- 4. Budget airlines<p> No-frills airlines such as EasyJet may promote rock-bottom prices on their websites. But the overall fare you pay can be surprisingly high once extras such as luggage and credit card payment fees have been added - a process known as drip pricing.</p> <div> </div> <div> Taking one piece of hold baggage on a return EasyJet flight, for example, adds close to £20 to the cost of your flight, while paying by credit card increases the price by a further £10.</div> <div> </div> <div> It may therefore be worth comparing the total cost with that of a flight with a standard airline such as British Airways.</div>
- 5. Credit card cash withdrawals<p> Cash advances, which include cash withdrawals, are generally charged at a much higher rate of interest than standard purchases.</p> <div> </div> <div> While the average credit card interest rate is around 17%, a typical cash withdrawal of £500, for example, is charged at more than 26%.</div> <div> </div> <div> What's more, as the interest accrues from the date of the transaction, rather than the next payment date, costs will mount up even if you clear your balance in full with your next payment.</div>
- 6. Supermarket 'deals'<p> Supermarkets such as Tesco and Asda often run promotions under which you can, for example, get three products for the price of two.</p> <div> </div> <div> However, it is only worth taking advantage of these deals if you will actually use the products. Otherwise, you are simply buying for the sake of it, which is a waste of your hard-earned cash.</div> <div> </div> <div> To avoid paying over the odds, it is also worth checking the price per kilo to ensure that larger <a href="http://money.aol.co.uk/2012/05/24/supermarkets-slammed-for-multi-buy-rip-offs/">'economy' packs really are cheaper</a> than the smaller versions.</div>
- 7. Train fares<p> Buy a train ticket at the station on the day of travel and the price is likely to give you a shock - especially if you are travelling a long distance at a busy time of day.</p> <div> </div> <div> However, <a href="http://money.aol.co.uk/2012/03/13/how-to-cut-the-cost-of-your-commute/">you can cut the cost of train travel</a> by 50% or more by going online and making the purchase beforehand - especially if you book 12 weeks in advance, which is when the cheapest tickets are on sale.</div> <div> </div> <div> Other ways to reduce the price you pay include avoiding peak times and taking advantage of so-called carnet tickets, which allow you to buy, for example, 12 journeys for the price of 10.</div>
- 8. Packaged current accounts<p> Most High Street banks offer packaged accounts that come with monthly fees ranging from £6.50 up to as much as £40, with a typical account charging about £15 per month.</p> <div> </div> <div> Various benefits, such as travel insurance and mobile phone insurance, are offered in return for this fee. But whether or not it is worth paying for them depends on your individual circumstances.</div> <div> </div> <div> Before signing up, it is therefore essential to <a href="http://money.aol.co.uk/2012/01/14/maximise-your-current-account/">check that you will make use of enough of the benefits</a>, and that you cannot get them for less elsewhere.</div>
- 9. Overseas withdrawals/card payments<p> Overseas money transfers or travel money purchases attract the same high rate of interest as credit card cash withdrawals.</p> <div> </div> <div> Worse still, most credit cards – and debit cards – also charge you a foreign loading fee if you use them to make purchases while abroad.</div> <div> </div> <div> You can, however, <a href="http://money.aol.co.uk/2012/02/17/how-to-avoid-overseas-bank-fees/">avoid these charges</a> by using a Saga Platinum or Nationwide Building Society credit card.</div>
- 10. Premium rate phone lines<p> Numbers starting 0871 cost 10p or more from a landline, while those starting 09 can cost more than £1 a minute <a href="http://money.aol.co.uk/2012/03/21/call-0800-0808-and-0870-numbers-for-free-from-your-mobile/">from a mobile phone</a>.</p> <div> </div> <div> And the operators of these high-cost phone lines, some of which are banks, often get a cut of the call charges.</div> <div> </div> <div> Most 09 numbers are linked to scams and should therefore be avoided at all costs, while 0871 numbers can often be bypassed by searching for an alternative local rate numbers on the saynoto0870.com.</div>
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