Yesterday, I received calls from a number of clients, mainly based in the North West of England, advising me they had been contacted by accident management and marketing companies, asking them if they had worked in noise and if they wanted to make a civil claim.

This comes hot on the heels of a phone call I received last week, by an accident management company. I was told by their advisor that I had completed a questionnaire somewhere, telling them that I had worked in noise. When I questioned them on how they had obtained my details and telephone number, they became a little agitated. When I advised them that I had been a solicitor since 1998, they told me it was obviously a mistake. I asked them for their Ministry of Justice registration number and they put the phone down on me.

There are well established rules for cold calling and details can be found online by following the link:

http://www.dmcommission.com/the-dma-code/

These companies are simply farming your data, which they will then sell to solicitors, either by way of a referral fee or some form of marketing cost.  This is where the problem lies.  The Code of Conduct for Solicitors firms does not allow them to accept cases from unsolicited marketing activities.  Therefore, claims companies will try to circumvent the rules by asking you to call them back on a freephone number, email them or fill out an online form after cold calling you.  This allows them to have a papertrail of how you supposedly contacted them so they can then pass your claim on to Solicitors.

Here is some practical advice and what to look out for if you are called out of the blue:

• Do not agree to a representative coming to see you when you have been called out of the blue.
• Do not agree to attending for a free hearing test as often they may try to charge you if you decide not to go ahead with the claim.
• Ask them how they came by your details. If their response does not sound plausible then it probably is not.
• Ask for their Ministry of Justice Number. All Accident Management Companies should be registered with the Ministry of Justice. If they cannot supply this information, you should avoid them at all costs.
• Put down the phone and make a formal complaint to the Ministry of Justice. Click on the information for consumers page. Phone: 0333 200 0110. Email: consumer@claimsregulation.gov.uk
• Do not believe the people calling you have a database of former workers who have worked in noise. This is a lie.
• Do not believe the company calling you has been given your details by the Department of Work and Pensions. This is also a lie we often hear.
• Some companies use bogus names or trading names to hide their real identity; always ask for their company registration number so you can research them afterwards on Companies House.
• Add yur telephone number to the Telephone Preference Service which prevents you being contacted by direct marketing via the telephone.

What to do if you are thinking of bringing a claim for noise induced hearing loss:

• Do your research and find a reputable solicitor.
• Look for accreditations such as Lexcel, APIL or the Law Society Panel.
• Contact the solicitors yourself.
• Before you enter into any agreement, ask them whether they are willing to work on a ‘no win, no fee’ basis and what percentage they will deducting, if any, from your compensation. Most firms will guarantee 75% of your damages, at least.
• Ask them to confirm what other deductions will be taken from your compensation, for example, insurance policies.
• Ask how many deafness cases the firm deals with. If it is only a few, then they may not specialise in this area. If it is thousands, ask how many cases each fee earner has. You do not want to be represented by somebody who has hundreds of these cases and only looks at your case every 6-8 weeks. These cases can be difficult and labour intensive. A case load of around 75 disease cases is ideal.
• Find out the level of fee earner who will be dealing with the case and what experience they have.
• Get a rough estimate on how long the case will take and a rough idea of how much the case will be worth. A good solicitor will be able to advise you at an early stage of the pros and cons of your case.
• Ensure you are satisfied with how the firm presents itself. Was it professional? Did the person dealing with your enquiry seem knowledgeable and understanding?
• Reputable firms will advise you that there is a 21-day cooling off period, after signing the agreement, during which time, you can cancel your claim without being charged.

Sadly, cold calling of people is still going on. Many people who are elderly and vulnerable are being called and convinced into making claims, for the sole reason of allowing these companies to sell their details to law firms. This is simply not right.

If you have been affected by somebody cold calling you and wish to discuss either making a complaint or a claim for noise induced hearing loss, then please contact us either by clicking the live chat box or contact us via email, by clicking on the link: https://hearinglossadvice.co.uk/contact/