Falcon & Pointer - cold calls

Legal_Ombudsman

The Claims Management Regulator have just issued this press release:
https://www.gov.uk/government/news/licence-stripped-from-company-that-made-40-million-nuisance-calls

We have received a significant number of complaints about Falcon & Pointer Ltd since December, please get in touch if you think we can help - 0300 555 0333 or email us on [EMAIL="cmc@legalombudsman.org.uk"]cmc@legalombudsman.org.uk[/EMAIL]

dunstonh

The regulator should just ban all claims companies in Swansea and they would sort most of the issues overnight.

magpiecottage

dunstonh wrote: »

The regulator should just ban all claims companies in Swansea and they would sort most of the issues overnight.

The term "welshing" apparently comes from Englishmen travelling to Wales to avoid paying a debt.

The CMCs in Swansea seem to have decided to set up in Wales so they can do this without needed to travel.

Ian011

The Claims Management Regulator has banned claims management companies from pounding the streets and banging on doors. This is because too many people would have to be disturbed on the way to finding the small number of people who may be interested in their services. The same regulator allows those same companies to make unsolicited telephone calls thereby creating nuisance. The regulator clearly has the power to ban this activity but has not yet chosen to do so.

http://www.fairtelecoms.org.uk/uploads/1/1/4/5/11456053/good_and_bad_action_on_nuisance_calls.pdf

Dan_R

Happy to report that after making 40 million nuisance calls in three months Falcon and Pointer had its licence revoked by The Claims Management Regulator (CMR) following hundreds of complaints from the public. I don't know if the police are investigating the upfront payment issue as I believe thousands are owed money but fingers crossed. The directors Ben Winchester and Andrew Kissick of Swansea are probably lining up their next target so watch this space.

Stuart_Whelan

As a result of an investigation, the Claims Management Regulator has decided to cancel Falcon & Pointer Ltd’s authorisation to provide claims management services under the Compensation Act 2006 with effect from 12 January 2016.

Falcon & Pointer Ltd was found in breach of the following Conduct of Authorised Persons Rules 2014:

General Rule 2 - A business shall conduct itself responsibly overall including, but not limited to, acting with professional diligence and carry out the following:
a) Take all reasonable steps to investigate the existence and merits of each element of a potential claim before presenting it to a third party.
b) Make representations to a third party that substantiate and evidence the basis of the claim, are specific to each claim and are not fraudulent, false or misleading.
d) Maintaining appropriate records and audit trails.
e) Take all reasonable steps in relation to any arrangement with third parties to confirm that any referrals, leads or data have been obtained in accordance with the requirements of the legislation and Rules.

General Rule 5 – A business shall observe all laws and regulations relevant to its business.

Client Specific Rule 1b) - A business shall ensure that any service offered is one that meets the needs of the client and satisfies the requirements of these Rules.

Client Specific Rule 4 - Cold calling in person is prohibited. Any marketing by telephone, email, fax or text shall be in accordance with the Direct Marketing Association’s Code and any related guidance issued by the Direct Marketing Association.

Client Specific Rule 11 - A contract between a business and a client must be signed by the client and the business may not take any payment from the client until the contract is signed. The standard terms and conditions of any contract must be clear and also published prominently on the business’s website (where a business operates a website). The business must provide the client with the following information in writing or electronically before a contract is agreed: –
a) Honest, comprehensive and objective written information to assist the client to reach a decision including the risks involved in making a claim, in particular the possibility of losing money and, in the case of legal action, appearing in court.
b) The services that will be provided, in a way that does not misrepresent, either by implication or omission, any term or condition or by whom the service will be provided.
c) The procedures that will be followed
d) Contracts, including for insurance or loans, that the client will be asked to agree to.
e) Any charge the business makes. Where this is a percentage of compensation payable, the percentage must be indicated together with a typical example of the actual cost in pounds, or more than one example if the business makes differential charges.
f) Any referral fee paid to, or other financial arrangement with, any other person in respect of introducing the claim.

Client Specific Rule 16 - A business must permit the client to withdraw from a contract at any time. Any charge to the client shall be limited to what is reasonable in the circumstances and shall reflect work undertaken by the business.

The cancellation means that Falcon & Pointer Ltd may no longer carry out any claims management services.

fermi

Dan_R wrote: »

Happy to report that after making 40 million nuisance calls in three months Falcon and Pointer had its licence revoked by The Claims Management Regulator (CMR) following hundreds of complaints from the public. I don't know if the police are investigating the upfront payment issue as I believe thousands are owed money but fingers crossed.

Someone is bound to be following the money. Recovering is another matter though.

fermi

dunstonh wrote: »

The regulator should just ban all claims companies in Swansea and they would sort most of the issues overnight.

UK cold call capital named after more fines issued

https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2016/03/uk-cold-call-capital-named-after-more-fines-issued/