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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Are you being harassed on the telephone by your bank or by debt collectors?


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I'm getting calls from a certain firm of solicitors, despite the debt being statute barred and court action that has been stayed for months without them responding to the defence.

 

It's not my debt but it is my phoneline and I object to having messages left on it and when I answer it, some rude person insisting that I give them information.

 

Steeley

 

Steeley

 

First check that they are a bone fide firm of solicitors by checking the Law Society web site at The Law Society - Find a solicitor . If it a OK firm, then you should make a comlaint to the Legal Complaints Service at www.legalcomplaints.org.uk . I would also send a cpy of the complaint directly to the firm to let them know you mean business.

 

You will probably find that it is some plank calling from a DCA in house so called solicitor. Write to them and suggest they contact a REAL solicitor to get an explanation of Statute Barred. Report them to the Society of Solicitors in Leamington Spa

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I sent the e mail below off to Panorama. I hope it strikes a chord with them.

 

 

 

 

Hi,

I would like to suggest that you investigate Debt Collection Agencies and harassment, especially telephone harassment. This is an unreported national scandal. Vulnerable people are being victimised on an industrial scale, sometimes getting in the region of 20 calls a day. They are rung up from 8 in the morning until 8 or 9 in the evening. They are rung on their landlines, on their mobiles and even at work. When they take calls they are bullied and intimidated. This is actually unlawful. Furthermore, some people have formally requested (their legal right) that they not be contacted by telephone and have just been ignored. All this is ***on top*** of the barrage of letters that the DCA's send out. It is unnecessary to say the least. I can give you plenty of information to follow up on. This is affecting a lot of people. Some publicity would go a long way to stopping this I am sure. Please, please look into this.

Thanks.

 

P.S. I think you might actually be shocked! :-0

What sort of world do you want your kids to grow up in?

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What is the email address? perhaps if they get enough messages from GAG members they will do something;)

 

Tri

tristar;-) More than just an account number :mad: !!

 

NATIONWIDE ROUND ONE

Prelim sent 11 APR 2007

LBA sent 20 APR 2007

MCOL Acknowledged 22 May 2007

:lol: Full settlement £5343.20 received 15 June 2007:lol:

:lol:CapQuest; CCA requested 21st May 07, Not Supplied

19th July 2007, Account closed by Capquest no fuirther action.:lol:

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What is the email address? perhaps if they get enough messages from GAG members they will do something;)

 

Tri

Would it not be better for the Mods to obtain all our signatures and request a programme. It might be better coming from them.

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panorama.reply@bbc.co.uk

 

BBC Panorama Room 1127, 201 Wood Lane London W12 7TS.

 

 

Well if they got back to me it is obviously lovely CAG I am going to point them towards. I have already sent my e mail. Another larger and better constructed communication certainly couldn't go amiss.

What sort of world do you want your kids to grow up in?

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Ok, I Am Being Called 3-4 Times A Week By A Debt Collection Agency Regarding A Debt Approx. 8-10 Years Old. I Hadent Spoken To Them About The Debt For All This Time Due To Moving Out Of London For Certain Domestic Problems And Probably Too As I Changed My Assumed Name But Not Via Legal Deed Poll(for Purely Legitimate Reasons Which Can Be Proved If Need Be). Now Im Back On The Electoral Register In My Original Name, They Are Inundting Me With Calls. On The Phone I Agreed To Pay £5 A Month, But As Im On Jsa Benefit Havent Been Able To Stick To It, Hence More Phone Calls. They Are Really Rude, And Once When My Baby Was Cryin I Said I Couldnt Talk Right Now And He Had The Nerve To Say 'why Cant You Talk Now'? I'm Starting To Be Afraid To Answer My Phone To Numbers I Dont Recognise. Any Help Would Be Very Gratefully Received!

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Ok, I Am Being Called 3-4 Times A Week By A Debt Collection Agency Regarding A Debt Approx. 8-10 Years Old. I Hadent Spoken To Them About The Debt For All This Time Due To Moving Out Of London For Certain Domestic Problems And Probably Too As I Changed My Assumed Name But Not Via Legal Deed Poll(for Purely Legitimate Reasons Which Can Be Proved If Need Be). Now Im Back On The Electoral Register In My Original Name, They Are Inundting Me With Calls. On The Phone I Agreed To Pay £5 A Month, But As Im On Jsa Benefit Havent Been Able To Stick To It, Hence More Phone Calls. They Are Really Rude, And Once When My Baby Was Cryin I Said I Couldnt Talk Right Now And He Had The Nerve To Say 'why Cant You Talk Now'? I'm Starting To Be Afraid To Answer My Phone To Numbers I Dont Recognise. Any Help Would Be Very Gratefully Received!
Who is the scummy DCA and have you sent them a CCA

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It could be Aktiv Kapital or Capital 1

 

Anyway you do NOT have to speak to them on the phone. REFUSE. Do not answer their security questions. If they keep talking over you hang up. The CCA letter is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html TEMPLATE N

 

I suggest you start your own thread about this and we will all give you loads of help to sort this out

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  • 3 weeks later...
. My only guess as to the true meaning on the register is they can discuss with any party divulged on the CCA (although that is unfair contract terms as they often insist you name a partner when signing the contract). Anyone know what the register is actually saying?

 

I'm sorry if I seem stupid or naive, but this is my first posting after I searched for Allied International Credit. I have a debt,not disputed, which arose from a Tesco Credit Card. Won't go into all history, everyone has experiences similar, but it was put out to a debt collection agency, to whom I was making monthly payments. Unfortunately finances took a downward temporary spiral and I missed 2 months payments, but was ready to recommence this month, September. Admittedly I did not write to them, had other more important - health related problems on my mind. Anyway I then get this most unpleasant call from Allied who say debt transferred to them and demanding immediate full payment. They would not listen, etc. etc. just threats, to come and seize my assets. Now I know they have to go to Court, but if I continue to make payments, surely a Court will not let them take my car (still under HP but nearly paid) and is the only thing of value I have) when I live in rural area, and it is essential, not luxury and without it I would be unable to work. Anyhow my real question is, what is a CCA? I have written to Allied, saying how disgusted I was with their agent's manner, and have sent copies to Office of fair Trading, financial Ombudsman, with a copy ready for the court if they go that far. But seeing someone's posting about asking them for proof that the debt has been transferred to them, and mentioning CCA I need to know what that is. I did in my letter say that under terms of Office of Fair Trading I should have been notified of debt transfer because if I had continued paying to old one, they would not have known. I had this several years ago and had to fight and spend money and time to prove that I had paid off a debt.Any help would be appreciated.

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CCA is the customer credit agreement. You`ll also see the Consumer Credit Act 1974 beinf referred to as CCA as well in some places...

 

Also if something is on HP then they cannot take it. They usually tend to try and trick you . If they come round you DO NOT have to let them in. Basically it`s called Bailiff`s Law. If they come and you don`t let them in they have no right of entry, but if they break in (which they can do legally) then they can come in and make a list of stuff they`re going to take. Once they`ve done this they have right of entry. You can hide or remove things, they have to give you a date and time to come round. Once they`ve been in and made the distress levy (list of what they`re going to take) you can`t remove it from the premises.

 

They try all sorts of things to try and get in, either trying to push past you at the door, trying to threaten you with arrest (they have no powers of arrest but assume you don`t know this) and they also try and kid you that they have police back up.

 

They don`t. The police have more important things to deal with, and since it`s not illegal to be in debt...

 

 

Hope this has been a bit of help

 

Alex

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Just found this which I pulled down from the net recently:

 

Hope it helps.

Alex

 

Do I Have To Let The Bailiffs In?

 

IF THE BAILIFFS HAVE NOT BEEN INTO YOUR HOME BEFORE TO COLLECT THIS DEBT, THEY HAVE NO RIGHT TO COME IN. THEY CANNOT BREAK IN. YOU CAN CHOOSE NOT TO LET THEM IN.

  • DON'T open the door to them as they may try to push past you. If they get inside, they have a right to enter again and may break in to take your goods.
  • DON'T leave windows open or doors unlocked - bailiffs can legally get in through these. Bailiffs CANNOT get the police to help them break in.
  • BEWARE! Some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.
  • Bailiffs MAY try to break into sheds, garages, greenhouses etc., even though this is illegal. KEEP VALUABLES SAFE! They may be able to take cars, motor-bikes and other vehicles parked near your home.
  • Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car, and go out and pay them. Make sure you get a receipt.

DON'T SIGN ANYTHING! If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.

The Bailiffs Have Already Been Inside My Home

 

THIS IS MORE SERIOUS. If you have let them in before, then bailiffs have the right to return to you home and if you don't let them in, they are allowed to break in.

  • Contact the bailiffs straight away and make an offer to pay the debt in instalments. Show them a copy of your personal budget so they can see you are offering as much as you can afford. You will need to treat this as a priority debt as bailiffs could come back and take any goods they have listed if you don't pay. Get a receipt for any payments you make.
  • Contact your Council and ask them to take the debt back. Ask your local Councillor for help.

What Things Are The Bailiffs Allowed To Take?

 

There are some things that the bailiffs are not allowed to take at all; such as goods that are rented or hired. The regulations also say that the following items are exempt and can't be taken:

  • "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
  • "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".

This list is not very specific so you may find that bailiffs have a different idea of what items are necessary for you to keep and what can be taken. You can complain about what the bailiffs take if you feel the items should have been exempt.

Can The Bailiffs Take Things Which Are Not Mine?

 

The bailiffs can only take things which belong to you and/or goods which are jointly owned by you and your partner. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof.

They cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can.

What If I Hide Things Or Give Them Away?

 

If the bailiffs haven't yet been in, you can hide things or take them somewhere else. If the bailiffs have already been in, you are committing an offence if you remove goods that they have said they will take. You can hide them on your premises but the bailiffs can search for them.

Bailiffs Procedures

 

If the bailiffs are distraining for Poll Tax or Council Tax, there are certain procedures that they have to follow. They must have with them:-

  • written authorisation from the Council for them to call. They should show you this if you ask.

They must leave you a copy of:-

  • the law setting out their powers and what they can and cannot do. These are the "Enforcement Regulations".
  • the charges the bailiffs are allowed to make for each visit. You should check they have not added too much on to your debt. See the schedule at the end of this fact sheet.
  • any agreement you have actually signed. This will be called a "Walking Possession" agreement and includes a list of goods the bailiffs have warned you they may take.

How Do I Stop The Bailiffs?

 

  • You can try to make an arrangement to pay the debt back at a rate that you can afford. You can offer the money directly to the bailiffs, although it is easier to get them to accept your offer if they have never been into your home. Always get a receipt for any money you pay.
  • Bailiffs cannot send you to prison. If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the Council. It is important to make an arrangement to pay the Council, or they may try other ways of recovering the money, such as taking money out of your wages.
  • If the bailiffs refuse your offer it is important to put the money you have offered aside so you can pay it to the Council as soon as the debt is passed back to them. Write to the bailiffs and the Council telling them you are saving the money up as the bailiffs have refused to take your payments.
  • If you are on Income Support or Job Seekers Allowance, some council's have a policy for not using bailiffs and will accept an offer from you or agree to accept direct payments from your benefits. Ask your Council if they are willing to take the debt back from the bailiffs so you can pay them directly.

If the Council won't help then contact your local councillor and ask them to take it up with the Council for you. Explain what hardship you will be in if the bailiffs come to your home and take your belongings.

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Phew! I've just found this site and have read this thread right through, and I'm so pleased I have!

 

My husband and I have been receiving daily (usually more than one per day) calls on our mobiles and landline from 2 different debt collectors.

 

When asked how they got our numbers, we were told they received it from their clients, but this can't be true, as our landline was changed not so long back, and we both have new mobile numbers. I can only assume someone has broken the Data Protection Act.

 

The last phone call, yesterday, some Scottish bloke demanded that my husband answered all the security questions, then laughed when my husband asked them to stop phoning and to put everything in writing.

 

He refused and said he's going to keep calling until this is resolved. My husband's under the impression that if they are based in Scotland, they don't have to stop calling as there's nothing we can do, legally, to stop them.

 

However, if that's the case, if they ARE based in Scotland, doesn't that mean that they can't take us to court in England for our debts?

Realise the impotence of proofreading everything you write.

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i was pestered by a dca and i got fed up with so i called them 16 times in one day, each time they answered i asked to speak to the head moron, gave them a taste of their own medicine.

 

what i have now done is written to all the dca's who ring me and notified them i have a data logger 6200xs that records all my telephone calls incoming and out going and any calls they make to me will be their permission allowing me to record their calls.

and how many calls have i had since this? = none zero not one (for now)

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Are you being harassed on the telephone by your bank or by debt collectors?

 

Stop being a victim

 

Turn the tables

 

Record your calls

 

It’s legal – and you don’t have to warn the other side.

Use the recordings for your own use such as evidence for the police or a private court case.

 

Assist the media in the preparation of public-interest exposures of bad practice.

 

 

 

We are hearing more and more about harassment by telephone. It is a relentless and upsetting experience.

 

 

Only recently the Halifax Bank was involved in a court case and it seems that they paid an out of court settlement in order to bring the matter to an end.

BBC NEWS | UK | England | Devon | Woman settles Halifax stress case

 

 

But there are indications that this Halifax approach to debt collection is continuing and that a similar style is used by many other organisations.

 

 

You may be a victim of this but you don’t need to be.

  • Do you feel under siege from repeated telephone calls received throughout the day and evening at over the weekends?
  • Are you frightened to answer your own phone?
  • Are you refusing to answer any calls where there is no recognisable caller-ID?
  • Are you receiving calls from numbers which only give automated messages when you call back.
  • Are you being harangued and upset by unpleasant collection agency staff?
  • Are you being required to give confidential identification details to anonymous callers?

Don’t put up with it any more.

 

 

Keep a log and start recording your calls.

 

 

If you use Skype as your telephone system then you can use a number of telephone recording programs.

 

We think that CallBurner is very good and we have managed to obtain a big 20% promotional discount for CAG Users.

 

 

We will soon be announcing a recorder which will record calls from your ordinary landline telephone as well.

 

More details of CallBurner and the CAG landline recorder coming soon.

 

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=119&a=96

 

 

 

.

 

Hi, in response to the above post, I found this interesting website dealing with this issue:

Keep your calls on the record - Times Online

 

It appears from this that we have to inform the caller at the beginning of the telephone call that we are recording the conversation, if we intend to use it as evidence. I need to be really sure about this, as I intend to start using some kind of recording device for the nuisance debt calls I'm receiving.

Realise the impotence of proofreading everything you write.

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There is a difference between companies and individuals. If anyone phones you from a company they (should) deal with you in a professional way giving you accurate information in a polite way without harassment etc. Obviously as they are being professional they must tell you they are recording the call to prevent you from incriminating yourself in any way, eg you threatening the member of staff. By the same token any call you record cannot (theoretically) include anything incorrect, harassing etc as the person calling you is a “professional” representing the true picture of a legal abiding employer. There is therefore no reason why you should have to say you are recording the call.

It is how you use the recording that is the issue. You cannot use it, for example, to blackmail the individual making the call or company. You can make an official complaint to the company stating exactly what was incorrectly said in the call (you do not need to disclose you have evidence). If the company is operating totally within the law they will admit an error was made and offer redress, reprimand employee etc. If they deny or try to pretend they do not know what happened you can escalate the complaint (for DCA’s OFT, ICO, FOS, trading standards, police, court etc) where you can then offer that you have proof of the call (without actually sending it initially).

It is tempting to react to the first recorded call but it is better to record a few. Where you speak to several employees and they all give the same cr**, the company is going to find it much harder to wriggle out of it not being their standard practice/staff training. For the predictive dialler (where you get too many calls in one day or at the wrong times) you may wish to complain after say a few days repetition.

If you (or your family) have been threatened physical harm, then you can complain direct to the police, as the police will force you to disclose your evidence.

Any-one who really does not want to speak to them can tell them to update their records to written communication only. Continuous failure to comply with a recorded verbal request is also good ammunition to keep.

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Hi all

 

Just a quick question.

 

I am having problems with littlewoods, wescots on behalf of mashall ward and studio card. I was advised to apply for my credit agreement for the above companys and that there is a form and help on this website but i cant find it any where i have been looking for a few days now. Can sumbody please help me with a link to were it is or sending me the forms.

 

I can post more info if any one wants to no the full details.

 

thanks

The GodMother

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi all

 

Just a quick question.

 

I am having problems with littlewoods, wescots on behalf of mashall ward and studio card. I was advised to apply for my credit agreement for the above companys and that there is a form and help on this website but i cant find it any where i have been looking for a few days now. Can sumbody please help me with a link to were it is or sending me the forms.

 

I can post more info if any one wants to no the full details.

 

thanks

The GodMother

 

 

Hello The GodMother,

 

You want Letter N here ... http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Then start a new thread and you will receive all the help you need.

 

Onwards and Upwards

 

Chalkitup

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Hello The GodMother,

 

You want Letter N here ... http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Then start a new thread and you will receive all the help you need.

 

Onwards and Upwards

 

Chalkitup

 

Thank you chalkitup :)

 

Just quickly but i cant find a budget planner on there is there a good one that i can down load or print off?

 

Thanks again all.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Docman

 

My partner sometimes gets these phonecalls and he always refuses to answer their security questions and asks them to verify who they are! The caller always gets in such a tizz as they are not expecting that kind of reply and he asks them to call him back when they can verify who they are with some questions. They very rarely ring back!

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These idiots work to a script and if you can get them off it you have them beaten. They will do anything including shouting and talking over you to try and control the conversation. Laughing at them is another great way to wind them up

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HE HE ..... I stopped them calling by purchasing a telephone call recorder ....... I refused to answer security questions and let them talk on and on and usually they would break the data protection act by giving out info .... then I casually mentioned the recorder is running .... Holy Smoke ...... once they realised I was recording their calls they hung up as quick as lightening .... apart from two who tried to tell me I was breaking the law by recording them .... I then preached to them about the telephone recording laws ... and I bored them into finishing the calls!!!

 

Silly I know .... but just my way of bringing a little humour to the situation and boy oh boy did it stop them in their tracks!!

 

Onwards and Upwards

 

Chalkitup

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