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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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AIC Hounding SampleX... Bad to worse!


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Hi.

 

Posted this in another thread and was advised to post here...

 

----------------------------------------------------

 

Oh boy, does my financial situation seem to be getting worse.

 

As if I don't have enough of these people to deal with, having had my business collapse completely and have to close...

 

I had a credit card with RBS which hit its £3k limit and I couldn't pay back very well. I DID make an arrangement to repay £60 per month (couldn't afford, but managed) until a few months back when I ran out of money altogether... By this time, the £3k debt was down to £2100...

 

Lately I've had a guy called 'Mr Kennedy' from AIC on behalf of RBS start plaguing me with phone calls. In one of them he said to me 'we want immediate repayment of the full balance.' I told him he must be joking if he thought I had that kind of money and they were more than welcome to take me to court and get a CCJ, and I'd happily tell the court that I could afford £15 per month. He assured me 'we don't WANT to take you to court, sir, we don't want to put you into that difficulty... We just want our money back NOW.' He even told me to 'go away and think about it over the weekend.' When he rang me back I told him nothing had changed. I got told yet again that he wanted all the money now, and didn't want to take me to court over it, as if this was something I could easily do. He even had the audacity to ask me what assets I had so that RBS could have their money back. I told him to get in line behind much bigger fish. So then I wrote to him, having been told that he could not authorise a payment plan, only full repayment, and could not authorise a write off on the debt of more than 15%. I asked for a write-off of 60% and that I would find the remainder of the money somehow. I also explicitly stated that I would only communicate in writing, and would not 'deal' on the phone.

 

I have had no response except a letter to say 'ring Mr Kennedy' and several phone calls a day either from Glasgow numbers, or from caller withheld numbers leaving messages to ring someone at Allied Coercion Services (or whatever they're called) and now I'm getting text messages to my mobile to ring a Mr Gallagher IMMEDIATELY with my AIS reference number.

 

How on earth do I deal with these people? I've been turned into a nervous wreck by the bullying, head against brick wall, frustrating tactics of the call centres and debt collectors... Yet they won't either give up and just put it in writing, or put it in writing anyway. It would almost be a relief to get a petition from a county court for liability on the debt, because at least then I could write back and say that I admit the debt but have limited means to pay it, and make a token repayment offer which, I understand, the courts tend to look on favourably, even if it is £20 per month...

 

I need advice sharpish, please. Anyone with any experience of these wigglers and their tactics, who might know how to deal with them...

 

Just when I think I've managed to get a means of dealing with one of these things, another one emerges to defy even basic decency and try to hound me into an early grave...

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hi All

 

I have just joined this excellent web site!

 

I had dealings to With AIC and i also found them aggressive. I would be hounded at work, on my mobile (voice and text messages) and at home. I owed American Express over £3000 and this was paased on to them. I managed to fob them off on a few occasions but the phone calls were getting worse. I finally stopped answering calls. (at that time i did not knoe what my rights were) When i did speak to them, a Mr Gilmore, he was overly agressive and would not listen to any offers i would make. So i basically just left it. It was then Passed on to Newmans and Co (were not so agressive) and finally to a law firm called Brechin, Tindall and Oats. Whom i am now dealing with. They seem to be much better and have accepted my offer (PHEW) and they only communicate to me via post. I would kike to hear from any one who may have had dealings with the Law firm Brechin, tindal and oats. plus Is Sterling green OK?

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Hi Samplex,

 

Go to this link, you will find some useful info there.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

I also use this site :

 

National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

For additional support and advice.

 

Yvette

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Right... More advice needed.

 

Last week I sent out (registered post or recorded delivery ('signed for')) letters to AIC who claim to be handling this account on behalf of RBS...

 

Those letters included a CCA letter and a harrassment by telephone 'please put this in writing, if your ring me or text me again I will interpret it as an act of harrassment and report you for it' letter...

 

Those letters should have been delivered by Monday.

 

Wednesday, today, I get a phone call...

 

Previously AIC used the Glasgow telephone code without masking it. Today it was 'caller withheld'. The phone call was no longer from Mr Kennedy or Mr Gallagher, but from some woman. She wanted to speak to me, but unfortunately I wasn't available. So I asked who was calling. She gave a first name that I forgot to write down, and said she was from AIC Ltd. (Allied). So she asked if I could go get me. So I said no. So she asked if I could tell myself that I needed to ring her urgently, and I said 'I'm sure that Mr SampleX would say 'put your comments in writing.' So she said 'but I really need to speak to him urgently.' So I said again 'I'm sure Mr SampleX has told you before that you are under explicit instructions to put this in writing.' So she said 'we can't do that, we need to speak to Mr SampleX.' So I said 'well, you can't.' So she said 'Can I ask who I'm speaking to.' So I said 'No you can't.' So she said 'right then, thank you, bye' and hung up.

 

About four minutes later, I got a call from home (where I currently live with my parents courtesy of my debt) and where we've been avoiding withheld and 0845 and 0800 numbers like the plague thanks to caller display, to be told that my mum had let the rules slip, and had answered an 'UNKNOWN' number, and had this scottish chick on the phone asking for me. She said 'he's not here.' She was asked 'when is he going to be home.' So she said 'I don't know and I wouldn't discuss it with you anyway.' She was told 'we need to speak with him urgently can you get him to ring us' and so my mum said 'no... put it in writing... he's doing everything in writing.' The response to this was a lie, that they had written to me and had no response... My mum said 'I know he's written to you... I've seen him do it, and I've posted the letters.' So this bint says 'well, if we're to write to him, could you confirm your postcode at which we can do that.' My mum was flummoxed for a while as to whether the address I used was my old address or their home address, but then remembered my instructions to NEVER give out personal details to callers from companies, and so she said 'well, you tell me what post code you've got and I'll tell you if it's right or not.' The response, naturally, was 'well, I can't do that because of Data Protection Act, I'm not allowed to...' So my mum said 'And I'm not allowed to either!' and hung up.

 

Now...

 

The letter was sent and a minimum of two days have cleared since it should have been delivered. Was my emphatic message NOT clear enough? I have had TWO phone calls from them today, even though they've tried to mask the use of their telephone numbers, they've still made the calls.

 

What do I do now? If this is against the law, if it constitutes harrassment, then I want to report it. I want to make it as hard as possible for these shysters to stay in business, and to keep inflicting this misery on people like me and my family.

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Help. Please. Total n00b drowning in forum pages...

 

What is it that you want to know exactly?..People on here glad to help...If they've received your letters then anytime they ring after that they they are in breach so they can be reported...

Just hate every DCA out there

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Have you checked the Royal Mail site "Track and Trace" if you enter your recorded delivery number in it should show you if it has been delivered. It may not yet give you a signature but should show if has been delivered. You can report them to OFT. Don't get into any conversation with them at all. Just say sorry but I am terminating this call and hang up. Tell mom the same.

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I've got a credit card debt with Tesco which was passed to Newman & Co and now onto AIC. Yesterday, I was informed I had a phone call from a Miss McGuinness. I took it thinking it was a client but when I said my name she said "right this is Miss McGuinness from Allied whatever". I said I was not prepared to talk to her and am not able to take personal calls at work. She totally ignored me and went on to ask me for security details. I said again I was not prepared to talk to her and she asked me why I had put the phone down on her last time she called me. I said I would be putting the phone down EVERY TIME she called. I then terminated the call. This woman was extremely rude and tried to talk over me all the time.

 

This whole call took place in front of my senior boss. It was so embarrassing having to explain what had happened to my employer who has no idea of my personal situation. I think its disgusting these people are allowed to do this and get away with it.

 

I have sent them a request for credit agreement now and up to now have not heard anything.

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I found this site as a result of the phone call from AIC. I was searching the WEB for info on them. I also found Glasgow on Line Reviews and there were loads of reviews regarding AIC and Westcots. So, in retrospect I must thank AIC.

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Purejane, I to had dealings with AIC regarding a debt i had to Amex. They are rude and will bombard you with phone calls (at work and at home) You can send out a harassment letter to them and ask them to put all thier correspondece by letter. see the letter template forum.

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Help. Please. Total n00b drowning in forum pages...

 

 

Have you had any more calls from them? As they have only just received your letter, the message may not have been received by the monkeys yet that your number is to be removed from the system. That, however, is no excuse. Print off the Harassment by telephone letter, have it handy by the phone and if they call you, just start reading it to them. It truly annoys them and it will get them off your back. Also make it clear that you will take further action, involving the police and ask for their full name as that will be needed when you make your complaint to the police. This should get the message accross. Also, they never produce a response to the CCA letter and after the deadlines have passed, usually all communication stops.

 

Hope this helps and if you need any further help, just ask.

 

Sponot

Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

When you win, donate!!!

 

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I had dealings with AIC a few years ago. They are awful. I was getting p/calls constantly, somehow they managed to fid out where I woked and hassled me there too! I work on a hospital reception desk, can you imagine having them on the phone and a queue full of patients staring at you. It made me scared to answer the phone. I could never get a word in edgeways, i offered them lots of payment arrangements but they would never accept!!! In the end went to 1st credit DCA, they were great, gave me a settlement offer of £1000, debt was £2600, so i paid. Why can't AIC be like that?

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  • 1 month later...

First a note to Loulou78, Purejane and bfwvic.

SampleX is having problems with Ajc and is looking for solutiions. If you have

a complaint about them too, please start your own thread where members of the forum will be pleased to help.

But when you all write in to the one thread with your problems, it appears

to us that SampleX is getting the help needed, rather than having his

thread hijacked by yourselves. In the end, none of you get helped.

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SampleX, I notice that you sent a CCA request around the 24th March.

That means that they have now passed the default period [twelve working days] and moved into having committed an offence [a further month after] .

 

This means that they cannot pursue you for the debt without a Court Order.

It also means they cannot phone you and harrass you regardless of the

notice you sent re the harassment by phone.

 

Write to them and advise them that as they have failed to supply you with a

copy of the executed agreement as requested by you on the ..th March,

they have now committed a criminal offence which carries a fine of up to £2500 as well as attracting a criminal record. Moreover they have made

matters worse by unlawfully harassing you by phone when they were in

default -see the Consumer Credit Act 1974 section 77[4].

 

Their failure to produce the require documents means that the debt is

unenforceable in a Court of Law and in the light of your bad experience with

them, you will not be making any futher payments to them.

 

Any attempt by them to phone you or harass you will lead to you making a

serious complaint to your local Trading Standards office and the Office of

Fair Trading with the claom that they are unfit to hold a Consumer Credit Licence. Doubtless the OFT will also wish to discuss their breach of the Act-

failing to supply a copy of the executed document.

 

And see how they like that letter from you. Keep us informed when they reply.

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Samplex - do report them as LFI says, as after my letters to AIC they are now leaving recorded messages each day asking me to contact them urgently. Its a different person's name each time. I have made the relevant complaints so hopefully if they do not heed your words and you complain, the more complaints there are, the likely someone will take heed.

good luck.

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Best way to deal with any telephone calls from AIC is to tell them that you are recording the call, you will find that they can't get off the phone quick enough.

 

If you want some fun, let them rant and rave at you for a while and then say OK well that's different than the advice I have received, please can you just repeat that again so I can record it and take it to Citizens Advice and FSA for their opinion. It's funny to see them refuse and end the call or perhaps I just have a strange sense of humour.

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Regardless of whether they choose to accept to accept your £1 or send it back to you is up to them. You have made a legal request. They have defaulted. End Of.

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  • 2 weeks later...

AIC are STILL making phone calls to me every two days, most of which I ignore, some of which catch me by surprise, and I always get the same abrupt, rude, ignorant argument from people who clearly do not have enough intelligence to get a job with an ethical company that has some integrity.

 

It's the same old thing... confirm your details... we can't help you if you don't confirm your details... we don't write letters, we settle matters on the phone... if you don't accept our phone calls it will be YOUR fault the course of action we take next.

 

To date...

 

NOT A SINGLE LETTER

 

AT ALL

 

NONE

 

ZIP

 

NADA

 

18th March the telephone harrassment and CCA request letters were sent registered post and received in due course. The £1 fee was taken and not returned (I made sure it was a pound coin so as to make it impossible not to 'cash' the fee). No response whatsoever. The phone went quiet for a few weeks, but started back in again about 4 weeks ago with an absolute vengeance.

 

Does anyone have any tips on where I go from here... What can/can't AIC do to me. How enforceable is the debt? Who do I report them to in order to make life miserable for them? And will it do any good anyway?

 

All help appreciated... I'm starting to get a taste for this 'stinging the bastards back' thing... Oh, how they want to pile debt on you when you're doing well, and oh how they want it back when you hit rock bottom.

 

Blood, stone... oh well, at least the stone can have some fun on his way to debtors prison...

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Just confirmed that AIC signed for the two letters (in one envelope) on 28th March 2006. By my maths, that means they've had two months to respond appropriately.

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You can always get their number blocked by BT. I would make a complaint to Trading Standards. AIC by ignoring your letter re harrasment are in fact committing a serious criminal offence. They obviously have NOT got an executed copy of the CCA so they will not be able to take you to court, Make a note of each and every time they phone you. Complain to BT re telephone harrasment. They are also committing an offence under the Telecommunications Act. (someone more knowledgable will be along and give you full details. If you accidentally do answer them set the phone down go and watch tele for half an hour or so. You arent paying for the call and that will really pss them off. You must write again to them a very simple letter asking for details of their formal complaints procedure. They are obliged by law to have one. Go through the motions with it and when they fail to address your complaints you can then make a formal complaint to the FOS who will charge AIC £ 400 just to investigate them.

 

This is just pure bullying by these **** and you do not have to put up with it.

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As ODC says give BT a call.

Explain the situation and they'll offer you Choose to Refuse service, about £3.50 a month, or when pushed they'll do you a FREE number change.

 

Now I hope you have documented everything that has gone on as this is very important.

 

Time to talk to trading Standards about these "people".

Be warned they are not as fully conversant with CCA as this forum is, but they know enought.

I have found them great to talk to and completely non-judgemental.

They wont push for criminal action to be taken, but in the first case an official complaint from TS to AIC maybe all that is needed to stop them cold.

Once TS have got the rope they'll keep you informed of their progress and any action they have taken.

 

I personally had BT change my number, not for AIC, but for another bunch of "people" that where/are completely ignoring my legit requests.

Just before I had my number changed I answered one of their calls. Once they got to the security question I refused to answer them.

This completely threw the "person" on the other end, but after a couple of seconds they made a comment and hung up.

Now I've always wanted to do that to them and I got my chance. Boy it felt good, would of been even better if I could of seen the look on the "persons" face at the time ;)

Be VERY careful whose advice you listen too

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I've actually trained my dad to do the same with any 'telephone call centre' calls that he gets...

 

When they ask for you to give them your personal details you say 'no... under the Data Protection Act I am not at liberty to give out my details to any unauthorised personnel unless they can confirm my details. Can you confirm my details for me, please?'

 

They'll invariably say 'According to Data Protection (most of them have never READ the Act, so them quoting it is as meaningless as declaring faith in the God of the Planet Zog) we cannot give out your details' at which point you say 'really? me too (enthusiastically) and I'm so pleased I've got the most secure personal details going. Thank you for confirming that your company's data protection policy is so secure. So do you have anything else to talk about?'

 

I heard my dad fire off a great one the other day...

 

He's got a bank account with a certain bank owned by the **** at RBOS who operate from an Indian call center, and they've pulled a doozy... Some dick at the bank, when entering his data into their system got his DOB wrong, so EVERY time they ring him up they decline his security details as incorrect - he's had to go to the branch to give ID and etc.etc. and the branch don't ever seem to be able to get the data centre to update the details so he can get 4 Indian callers a week telling him there's a bloody security issue...

 

Anyway, he gets this call... I can only fill in what I think was asked on the other end, and I'll put those in brackets, and what I heard I'll leave without parentheses - it might make someone laugh.

 

(Click... pause... Hello? Mr SampleX Sr?)

Depends who's asking

(Can you confirm that this is Mr SampleX Sr)

Well, you're calling the number - Do YOU think I'm Mr SampleX Sr?

(I'm asking to speak to Mr SampleX Sr, can you please get him?)

You're speaking to him, who are you?

(Can you confirm that you are Mr SampleX Sr)

Maybe. Maybe not. More to the point, can you confirm who YOU are?

(Can I please speak to Mr SampleX Sr)

You can't speak to anyone unless you confirm your identity.

(For Data Protection I'm not at liberty to give any details out until you can confirm that you are Mr SampleX Sr)

So you can't tell me who you are and what you're calling about, but you want me to give you all my personal details out over the phone.

(That is correct, sir) [-----_SampleX's Note_------- We've all heard these Indians speak, so you can hear that this is exactly the kind of thing they would be saying...]

In that case it's going to be a very short conversation

(This is N** W*** bank, I need for Mr SampleX Sr to confirm his identity before we can discuss this matter further)

Very well... I'm Mr SampleX Sr, I'm a white caucasian male, with brown hair and blue eyes, blood type 0 positive, 13 stone, 62 years of age, I live in a house. Is there anything else you want to know?

(What is your mother's maiden name?)

I can't remember, she's been dead a while so I can't ask her either.

(What is your date of birth)

What's the point of giving you that because the date I give you isn't going to correspond with what is on your system!

(I need you to confirm your date of birth please Mr SampleX Sr)

XXth of the XXth 19XX...

(That does not correspond with what we have on our system)

Told you so...

(Unless you can give me the correct date of birth I am sorry we cannot discuss this further...)

Correct date of birth? Are you saying you know my date of birth better than I know my date of birth? Are they experts on dates of birth in India, eh? Isn't it possible that your computer systems have it wrong?

(No. You have given me wrong date of birth sir, you need to give me correct date of birth)

I don't think this conversation is going anywhere, do you?

(We can make progress if you give me your correct date of birth)

I already have! And I'm bored talking to you now, so bye bye... Elvis has left the building!

 

 

But it's right...

 

The whole telephone call centre system relies on one thing and one thing only... your compliance.

 

We should start a movement of non-compliance. Simply issue a statement verbally that we will not discuss personal and private information over the phone, in the interests of Data Protection, unless we are shown two valid forms of identification which prove the legitimacy of the caller (a physical impossibility) and to conduct future communications in a more authenticated manner please...

 

In that case we're not avoiding calls, or refusing to pay, we're simply insisting on preserving our privacy and security.

 

A call centre rings up and straight away they ask for you by name, and then to confirm your most personal security ID details... They COULD BE ANYBODY!!!!

 

Legitimate reason to say, when they ask 'Is this Mr/Mrs Sputnik?' to ask for them to legitimately identify themselves by proving that they have the same details on you as they are asking you to confirm to them. They can't, of course, do that... But neither will you. If none of the public will play the game of trust with them, their business is over... Imagine every person in Britain saying 'I'm sorry, I don't discuss these things on the phone...' every time a call centre makes a call... Productivity rates in the call centres would plummet, there'd be nothing for them to do, because Britain just refused to take their call...!

 

Imagine that.

 

You could bring down the entire telephone pester system just by exercising your right to privacy.

 

I am unaware of ANY law which could forcibly demand that you divulge your personal data to ANYONE over the telephone. If a government agency wants to know, you can invite them to use the information they have on you to come and find you in person, and you'll gladly exchange suitable forms of proof of identity... But call centres? Gimme a break. We owe them nothing and they can demand nothing from us...

 

Time for the worm to turn?

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I had a friend in the office who when these a holes just kept repeating over and over again in her best Eastern European Accent. ''How can I help you'' I listened to her do it for over 5 minutes before the call centre gave up. Best of it was they were looking for me and she hated them even more than I did. It must really **** them off

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I had a friend in the office who when these a holes just kept repeating over and over again in her best Eastern European Accent. ''How can I help you'' I listened to her do it for over 5 minutes before the call centre gave up. Best of it was they were looking for me and she hated them even more than I did. It must really **** them off

 

This is funny, I am going to do this !!!

 

I had my harrassment call last night and told him the call was being recorded, can he state full name, organisation, time, date and reason for the call for the tape .......... I got a "Why is that sir ??" ......... no more need be said !!

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