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Message started by irrelevant on Sep 29th, 2009 at 5:19pm

Title: Automated Calls - National Wills Association
Post by irrelevant on Sep 29th, 2009 at 5:19pm
Sigh.
Just spend ages trying to find out what to do about automated pre-recorded sales calls ...

The line is TPS registered, of course.  Just had a phone call from a withheld number with a recording advising us that Government research shows that over 70% of people don't have a will, and we may be entitled to free wills or free legal advice,  just press 5 to speak to an advisor ... so I did.  Asked for company name "National Wills Association" "Is that the company name, or just what you're trading as?" "Company name", "so, limited or plc?" "Limited".  [no it's not, no such company].  Asked for contact number, "we can't take incoming calls", asked for address "Why, are you coming to visit me?" Said no, just like to know who I deal with.  And he hung up!

I've got a recording, but while it seems the ICO is the people to deal with, they don't want to know if you can't tell them who called you!  Sigh ...


Title: Re: Automated Calls - National Wills Association
Post by sherbert on Sep 29th, 2009 at 5:44pm
I have just received the very same call but hung up after 70% of people don't have a will

Google does not come up with anything about National Wills Association

Title: Re: Automated Calls - National Wills Association
Post by SilentCallsVictim on Sep 29th, 2009 at 6:59pm
We have been here before.

A call consisting of a recorded message is a breach of the PECR, assuming that it has a "direct marketing" purpose. The definition of "Direct Marketing" is very broad. This has nothing whatsoever to do with the TPS.

The ICO should take action. The name given by the caller should be enough for the ICO to start an investigation, especially when, as in this case, they make millions of calls.

Title: Re: Automated Calls - National Wills Association
Post by irrelevant on Sep 29th, 2009 at 9:16pm
Well I've sent them a brief email ...  trying to go through their website takes you to a PDF ("How to complain") which looks like they want me to fill in a paper based form and post it them!  How quaint ...


Title: Re: Automated Calls - National Wills Association
Post by SilentCallsVictim on Sep 29th, 2009 at 9:37pm

irrelevant wrote on Sep 29th, 2009 at 9:16pm:
Well I've sent them a brief email ...  trying to go through their website takes you to a PDF ("How to complain") which looks like they want me to fill in a paper based form and post it them!  How quaint ...

The online form is found at https://forms.ico.gov.uk/pecr-complaint.aspx.

This is linked to from http://www.ico.gov.uk/complaints/privacy_and_electronic_communications.aspx.

Clearly their investigations are more difficult if one cannot provide the full details of the caller and it is fair for them to ask for as much information as one can readily provide. To suggest that those who do not provide full details of their identity are not obliged to comply with the regulations and cannot be subject to enforcement action is absurd.

Title: Re: Automated Calls - National Wills Association
Post by irrelevant on Sep 29th, 2009 at 10:21pm
Ah, thanks for that.  Filled in the form, let's see if that does anything ...


Title: Re: Automated Calls - National Wills Association
Post by NGMsGhost on Oct 11th, 2009 at 4:40pm
I find the best technique with these flagrant TPS abusers who also withhold their number (or who use the number unavailable loophole) is to profess to an interest in their service and ask to be sent more details in the post.  At that point you then get a brochure telling you who they really are and their address and phone number details.  You now have enough information to file a complaint with the TPS and the Information Commissioner (the latter being the more effective route to try to get any action taken).

Having said that this technique backfired on me with a very nasty Indian Call centre outfit called the Consumer Research Centre (CLI withheld) who turned out to already have all my details and then passed them on to various UK organisations indicating I had agreed to be called by them.  This was even after they terminated the call to me halfway through their questioning on various products I might be interested in hearing more about after I finally challenged them on its unsolicited nature.

I wonder if the people who called you are in any way connected with Assured Legacies who I have previously received such cold calls about will writing services from back in 2006.  See www.assuredlegacies.co.uk

The ICO is a bit better following up on complaints of this kind than they once were but that might just be because they know I am an awkward cuss who will make a fuss to the IC if nothing at all is done.

Title: Re: Automated Calls - National Wills Association
Post by irrelevant on Dec 16th, 2009 at 5:32pm

Quote:
16th December 2009

Case Reference Number **********

Dear **********

Thank you for your correspondence dated 29 September 2009 regarding the receipt of unsolicited automated telephone calls from the National Wills Association. Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like.

The Information Commissioner advises on and enforces the Privacy and Electronic Communications Regulations 2003 (the Regulations). These Regulations cover the way organisations market subscribers by electronic means (for example using telephone, fax, text and email). Marketing can include the promotion of goods, services, aims or ideals.

Regulation 19 of the Regulations does not allow unsolicited automated marketing telephone calls to be made to a number without the subscriber’s prior consent.

Unfortunately, on this occasion, the Information Commissioner’s Office has been unable to identify the organisation that called you. In order to identify a caller we rely heavily on the information provided by individuals in their complaint. Where an individual cannot provide enough details about the identity of the caller, we are usually unable to take up the complaint.

Finally, if you receive a ‘live’ telesales calls to a Telephone Preference Service (TPS) registered phone number, or an automated marketing call that you have reason to believe comes from an identifiable UK source then you can access our complaint form from our website www.ico.gov.uk under Complaints  or by contacting our helpline on 08456 306060, or 01625 545745 if you would prefer to call a national rate number. We have designed the form to provide us with the specific information we need to investigate your complaint. If you do complete a form please return the form to us quoting the reference number at the top of this letter.

Please accept our apologies that the Information Commissioner’s Office could not be of more assistance to you on this occasion. However I hope this has been helpful in explaining the situation.

Yours sincerely,


So I guess that as long as they carry on using false or missing numbers, not telling anybody their actual company name, or giving any identification at all, they can carry on harassing people as much as they like without fear or consequence.

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