Cold Calling victim who fought back
Article added: 27/10/2012
Complaints about unsolicited calls and texts from sales and marketing companies have reached an
all-time high, but one man took it upon himself to fight back.
A man from Middlesex, successfully claimed back the cost of his time from a firm which called him
when he had specifically asked them not to.
The man from Middlesex felt like he was being hounded by calls and texts from companies telling him they could help him
claim compensation after an accident or claim back money spent on missold payment protection insurance (PPI).
He hasn’t had an accident; he’s never taken out PPI and he’s registered with the Telephone
Preference Service (TPS), which should stop unwanted sales calls. So he decided to take action.
A lot of reports about the case were grossly misleading. They made it sound as though he actually
sued and won, when in fact the company he was suing paid up before the case began. There is an
Now to some people, that’s a win and to others, a ‘wins a win’. However, a word of warning to all
you lawyer wannabes out there. Many cases like the one in Middlesex have been lost because by
and large there are few, if any, legal grounds to sue a company over an unsolicited phone call.
Irritating they may be, drive you mad even, but that's not enough to substantiate a legal case.
Mr Herman was lucky. Had the company fought the case and won, it would have cost him his time
and court fees and the company could have tried to counter sue him for any costs they incurred.
Taking legal action and failing in the small claims court is not, as some people think, free.
AAC, the company which had called Richard on behalf of PPI Claimline, paid him £195 for his time
and electricity, as well as his £25 court costs.
John Mitchison from The Telephone Preference Service said “General third party opt-ins do
not override the TPS. The company should have been screening against the TPS. It’s a legal
TPS Services can help you screen your data against the Telephone Preference Service
registers and help you manage and maintain your internal DNC lists to manage telephone
numbers of people asking to be removed from your lists.