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firstdebtrecovery - Genuine or scam ?
Comments
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Solicitors are NOT ALLOWED to accept business that was obtained by cold calling.
It is outlawed by their professional code of conduct. If they are prepared to break that, what does that tell you about them? Report them.
Actually mate, the claims firm CAN cold telephone call you - they cannot knock on your door cold. Only by pre-arrangement.
AJ0 -
Cold calling........Client Specific Rules, Rule 4
‘Cold calling in person is prohibited. Any other cold calling (by telephone, email, fax or text) shall be in accordance with the Direct Marketing Association’s Direct Marketing Code of Practice.’
Cold calling in person covers any face to face contact initiated by the claims management business, including knocking on doors or approaching people in the street or shopping centres, for example, the practice known as “clipboarding”. It is permissible to have a booth or stand in a shopping centre or exhibition as long as the people staffing it do not approach members of the public.
Authorised businesses should note that whilst Rule 4 prohibits cold calling in person only, cold calling by telephone is prohibited by Rule 8 where the client will be referred to a solicitor. For example, cold calling by telephone is prohibited for personal injury claims referred to solicitors.
The DMA’s Direct Marketing Code of Practice can be viewed on the DMA website at http://www.dma.org.uk/content/pro-code.asp. The following sections are of particular relevance to Rule 4:
• Section 6 Content of Commercial Communications – General Rules
• Section 14 Email Marketing
• Section 15 Fax Marketing
• Section 20 SMS Marketing
• Section 21 Telemarketing
Full compliance with the DMA’s Direct Marketing Code of Practice will ensure that businesses also meet the legal requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003. Brief notes on these regulations can be found at Appendix 3 to this guidance.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
AverageJoe wrote: »Actually mate, the claims firm CAN cold telephone call you - they cannot knock on your door cold. Only by pre-arrangement.
AJ
Check here (Page 16)
Edit: Whoops - fermi beat me to it!0 -
Aw !!!!!! it - I'm reporting them myself.
Misleading website
Not authorised by the MoJ
Appears not to hold a Consumer Credit Licence
I hope the OP wasn't spamming on their behalf - cos its just backfired.0 -
Aw !!!!!! it - I'm reporting them myself.
Misleading website
Not authorised by the MoJ
Appears not to hold a Consumer Credit Licence
I hope the OP wasn't spamming on their behalf - cos its just backfired.
Report to MoJ: http://www.claimsregulation.gov.uk/noResults.aspx
OFT: Enquiries@oft.gsi.gov.ukFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Actually, if you are generated less than 25 leads per quarter, then there is no requirement to be licenced by the MoJ. And firms are able to cold call by phone - once that person agrees to become a client, they sign a terms sheet which includes the client agreeing that work will be done by an associated solicitor.
Im pretty sure that all the claims firms are acting within their rights - you need to understand how to interpret them better.
The cold call by phone at this stage, is for the person (recipient) to become a client of the claims management firm - there is no guarentee that this person will have a claim to refer to any solicitor at this point.
AJ0 -
Doesn't the "brock and fermi" PC police have something better to do on a sunny saturday afternoon..?? *pity them*0
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AverageJoe wrote: »Actually, if you are generated less than 25 leads per quarter, then there is no requirement to be licenced by the MoJ. And firms are able to cold call by phone - once that person agrees to become a client, they sign a terms sheet which includes the client agreeing that work will be done by an associated solicitor.
Im pretty sure that all the claims firms are acting within their rights - you need to understand how to interpret them better.
The cold call by phone at this stage, is for the person (recipient) to become a client of the claims management firm - there is no guarentee that this person will have a claim to refer to any solicitor at this point.
AJ
Again, you are selective with the facts. The 25 leads per quarter rule only applies if certain other conditions are ALSO met - one of which is that the firm is not actually advertising for claims business, which this one clearly is.
Also, according to the OP, this firm is talking about referring to a solicitor as part of the actual cold call!!!
Not sure why you are so anti me pointing out the breaches in regulations here - I only tend to post when I am 100% sure of the facts. Why you feel the need to constantly argue these points is beyond me. Are you saying that the claims industry can do no wrong? If so you are sadly deluded.
My motivation is to inform less knowledgable forum members where breaches in regulations have occured. I would do exactly the same if we were talking about a lender. What's your motivation?0 -
AverageJoe wrote: »Doesn't the "brock and fermi" PC police have something better to do on a sunny saturday afternoon..?? *pity them*
The irony of you posting that message yourself on a sunny Saturday afternoon is noted.0 -
Again, you are selective with the facts. The 25 leads per quarter rule only applies if certain other conditions are ALSO met - one of which is that the firm is not actually advertising for claims business, which this one clearly is.
Also, according to the OP, this firm is talking about referring to a solicitor as part of the actual cold call!!!
Not sure why you are so anti me pointing out the breaches in regulations here - I only tend to post when I am 100% sure of the facts. Why you feel the need to constantly argue these points is beyond me. Are you saying that the claims industry can do no wrong? If so you are sadly deluded.
My motivation is to inform less knowledgable forum members where breaches in regulations have occured. I would do exactly the same if we were talking about a lender. What's your motivation?
Based on the likelihood judging by the OP's inital question and general non-familiarty with the claims industry - the likelihood that the claims firm is right and the OP is a little assumptive is probably the case.
He has been told by a phone csa the "general" way it works rather than the ins and outs of a cats ar*se about it - but if you dig deep into the paperwork of the claims firm, you'll probably find they're running their business in the right way. I'd be surprised if a large advertsiing firm having made such an effort to get licenced by the MoJ, set up a business etcc.. would then make such a schoolboy error..
A firm can be unregulated and still process claims within certain guidelines ONE OF THEM being that they are not processing more than 25 per quarter etc etc... please note this is a general forum comment, NOT a contract I am typing out here nor am I trying the win "jobs worth of the month award" but to say that firms cannot cold call on the phone is not really the case - general speaking.
They all do it, so is there something you're missing? OR are they all wrong and dont know how to run their own businesses??
Just a thought - AJ0
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