STEP 5: WHAT IMPRESSION DO I
WANT TO MAKE?
We recommend that this section is completed in
conjunction with the soubites from the website.
FIRST OF ALL YOU NEED TO CONSIDER HOW DO
YOU WANT TO COME ACROSS TO CREDITORS
WHEN YOU ARE SPEAKING ON THE PHONE?
Think about the image that you would like to project
to creditors when you are speaking to them on the
phone.
Write down your thoughts below by listing some of
the words which describe the impression you want
to make e.g. in control, happy
Some suggestions of what you could have included
here may be:
•
•
•
•
•
Honest
Sincere
Trustworthy
Calm
Positive about the situation
Remember your creditors have heard all the
excuses and apologies in the book, so it is important
to convince them that you mean what you say and
you want to get in control of your finances. They are
more likely to agree to your proposition if you come
across in a confident and credible way.
How can I make a positive impression?
We will be looking at some of the tools you can use
to achieve the impression you want to convey later in
this session. Remember:
• Smile-it does come across in your voice and will
instantly convey that you are friendly, open and
trustworthy.
• Listen effectively-it conveys to people that you
are interested in what they are saying. Take
notes of the key points of what they say; don’t
allow yourself to be distracted with things going
on around you and don’t interrupt them.
• Use positive words and phrases-it will make
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you sound positive and more confident
• Your voice tone should be clear and direct-do
not talk too quickly or slowly and avoid shouting,
even if you get frustrated or annoyed by what is
being said.
• Control the call-by being assertive, not passive
or aggressive but calm and in control of the call
Confidence on the phone will only come with
practice so try and practice what you are going
to say with a friend or partner and ask them for
genuine feedback on how you sound:
• Too timid/too forceful?
• Too hesitant/Too rushed?
• Too loud/too quiet?
Exercise: Practice your first Impression
1. Use any of the sample Phone guides from the
Negotiation Toolkit section
2. Role Play the conversation with a friend or
partner, preferably using a tape recorder to
record your conversation.
3. Using the Telephone Checklist from the
Negotiation Skills Developer toolkit rate
yourself against the various headings and ask
your partner to give you their feedback on the
impression you made on them.
b. The words we use
We choose the words we use. To convey the
impression we want to achieve on the phone it is
important that we think about the words we choose
to use. Some words have the effect of bringing
the matter home more forcefully and help us gain
attention.
Using positive words makes us sound positive and
using power words makes us sound “in control”.
Exercise: Using power words
1. Read out aloud the words in the left column
2. Then read out those in the right hand column
which are more positive or powerful-can you
notice a difference?
Soft words
Positive Power words
It is important that…
It is crucial that …
Soon
Immediately…
I think
I am confident/certain
Good
Excellent
I might be able to
I will definitely
It is likely
Its unavoidable
Using these words in your conversations with
creditors will ensure that you come across as in
control of the situation you are in and they are much
more likely to agree to your requests. Practice
using them in every day conversations with peopleremember to take a few deep breaths first to add
more emphasis-you will be surprised at the results.
Avoid shouting or whispering but speak as you
would in a normal conversation with someone at the
side of you.
Speak clearly -it is easy to rush what we say,
particularly if we don’t feel comfortable- we tend
to speak quickly to “get it out of the way”. Rushing
means our message will lack clarity and won’t be
understood. The ideal speed we should speak at to
ensure understanding is 120 words per minute.
Try the following exercise to see how fast your
normal speaking voice is:
Exercise: Measuring your pace
1. Set a stopwatch or ask someone to time you for
1 minute
2. Read the following passage out loud in front of
a mirror or to another person.
3. When the minute is up- mark where you have
got to in the passage.
Debt causes many people to spend a lot of time
worrying. It is a burden that can ruin lives and cause
many unforeseen health problems-psychological
and physical. Studies show that debt is a major
cause of worry amongst adults both young and
old and the toll it takes is tremendous. It affects
relationships between families, friends and
colleagues.
c. Our voice tone, volume and pace
We have looked at what we say but it is equally
important to think about the way we say words and
phrases.
Our voice tone should be clear and direct. Speak on
an “adult to adult” basis to avoid sounding either too
domineering or patronising.
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d. Keeping Assertive
It is very important that you take control of the call
and maintain control throughout the conversation.
Some of the people you will be dealing with may
get very awkward and aggressive and it could be
tempting either to match their aggression or just
give in to their demands.
Remember you are in charge of your behaviour and
the best way to do this is by maintaining an assertive
attitude on the phone. This can be a very difficult
attitude to explain or describe. It comes mid way on
the continuum between aggression and passivity:
telephone.
3. In each case the person answering the call is
concentrating on a task that they particularly want
to finish when a colleague rings them up.
The colleague tells them that they want to talk
about planning the agenda for a meeting next
week. The person taking the call does not want to
be interrupted right then and wants to discuss the
matter later in the day
4. Of the 3 responses featured on the soundbite
identify which you think is:
Behaviour type
Soundbite no:
a)aggressive
Aggressive behaviour
b)passive
c)assertive
Assertive behaviour
Passive behaviour
Exercise: Identifying assertiveness
1. On the website click on the Audio Bank Folder
and access the file Negotiating Skills Developer
Identifying assertiveness exercise
2. This exercise has three short soundbites which
feature two people discussing a situation on the
72
See answer on page 153
From these responses you can identify what
assertive behaviour sounds like. It is very much
about taking control of a situation. Keeping calm
and expressing your viewpoint to ensure you gain
agreement from the other person. By adopting an
assertive attitude when you are on the phone with
creditors it is far more likely that your offer will
be considered and less likely that you will allow
yourself to be coerced or intimidated into paying
what you cannot afford.
The next page displays some of the characteristics
and consequences of different behaviour types.
When you have read these, think about what you
can do when you are on the telephone to ensure you
adopt an assertive attitude.
CHARACTERISTICS AND
CONSEQUENCES OF BEHAVIOUR
Behaviour Type
Aggressive
Characteristics
• Loud
• Shouting
• Swearing
• Tells-“you’ll have to, you
must….”
• Doesn’t listen
• No respect for others
• Uses “You”
Consequences
• Rubs people up the wrong way
• Is unlikely to get agreement
• Is regarded as a bully
• May achieve short term
victories
• Gains little respect
Passive
•
•
•
•
•
•
•
•
•
•
•
Assertive
• Strong, audible voice-without
shouting
• Asks open questions
• Questions “why”
• Listens actively
• Uses “I”
• Remains calm even when
provoked
• Sticks to guns
• Acknowledges other persons
viewpoint
• Knows what they are talking
about
Quietly spoken
Soft voice
Doesn’t ask questions
Uses “We” a lot
Gives in to everything
Agrees with everything without
putting viewpoint forward
Treated as a loser
People walk over them
Not taken seriously
Gets talked over
Commands little respect from
others
• Strong, audible voice-without
shouting
• Asks open questions
• Questions “why”
• Listens actively
• Uses “I”
• Remains calm even when
provoked
• Sticks to guns
• Acknowledges other persons
viewpoint
• Knows what they are talking
about
Exercise: Keeping assertive
List here what you are going to do to ensure you maintain an assertive attitude when you are talking to
creditors on the phone:
73
E.STRUCTURING THE CALL
e. Structuring the call
To come across professionally when you are on the phone it is important to structure what you say rather
than just rushing in to the call with a lot of unnecessary information. Think about what you are going to say
and the order you should say it.
The telephone call should include 3 stages:
• Positive introduction
• Main body of call
• Closing statement
List below what things you think you should be including in the different stages of the call:
Positive Introduction
Main body of call
Closing statement
Check your responses with the suggestions on the next page.
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CALL STRUCTURE
Positive
Introduction
The opening of the call is your opportunity to make a positive impression on the person
you are speaking to.
Ensure you are friendly and polite and the pace of your greeting is clear and not rushed.
• E.g. Hello/My name is……./My account number is……..
Ensure you are speaking to the correct person - It is essential that we are speaking to the
right person or we are wasting our time and theirs.
• E.g. Can you confirm I am speaking to the correct person? My query is………
Body of call
This is where we set the scene for the call.
State your situation clearly and concisely.
• E.g. I have received a letter from you and I am unable to make the payment required
because………I would like to discuss this with someone please to see if I can come to an
agreement
Clarify anything you are unsure of
• E.g. I am not sure I understand what you are saying or Why do you say that
Use open questions where possible
• E.g. What/Why/How/When/Where
Explain what you would like to happen briefly and positively without being too aggressive
• E.g. What I would be able to afford/offer is……..
Use power words and positive language to convey your message assertively
Paraphrase what has been said to ensure your understanding is correct:
• E.g. So what you are saying is…..
Closing
statement
Summarise situation clearly
• E.g. So what we have agreed is……..
Gain commitment
• E.g. Is that acceptable to you?
Personalise call
• E.g. Thank you for your time today (and use their name)
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F) PRACTICE MAKES PERFECT
In actual fact it is practice with feedback that makes perfect. If you continue to behave in a particular way
and you have not had feedback which indicates if that behaviour is appropriate or could be improved you will
never achieve perfection.
At the start of this session you recorded a sample conversation with a friend or partner.
Try this exercise again to see if you have made any improvements as a result of your learning so far:
Exercise: Practice makes perfect
1. Select any of the sample Phone guides from the Negotiation Toolkit section
2. Role play the conversation with a friend or partner, preferably using a tape recorder to record your
conversation.
3. Using the Telephone Checklist from the Negotiation Skills Developer toolkit rate yourself against the
various headings and ask your partner to give you their feedback on the impression you made on them.
4. If you have rated any of the areas below “3”- revisit the section concerned
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TELEPHONE CHECKLIST:
HOW DID I SOUND?
Opening
Definition of High Score
4 = Excellent
3 = Good
2 = Not very good
1 = Unacceptable
Words – greeting (Hello/My
name is/My account number
is./Can I ask your name?)
Ensure speaking to correct
person
4
3
2
1
Comments/
Feedback
Correct and Clear
Can you confirm…….
Honest and sincere
Overall 1st impression
Body
Stated the situation clearly
and concisely
Used Open questions
Clarified situation e.g. “Why
do you say that?”
Explain what you want to
happen
Used power words
Close
Paraphrasing / confirmation
Summarised
Gained commitment
Personal message
General
Tone / Pace / Volume
Used name
Positive language
Active listening
Polite and courteous
Didn’t waffle/Spoke Close
honestly
Who/What/When/Why/How?
Took control assertively
What I would be able to offer
is…..
Certainly/definitely/absolutely
So my understanding of what
you are saying is…..
Summarised situation clearly
Is that acceptable to you?
Thank you for your time today
and use name
Clear and appropriate/Didn’t
rush
As often as appropriate
Remained positive throughout
Evidenced listening e.g. um’s
ah’s yes, I see
At all times
Used throughout call
Assertive attitude
What I think I did well was:
What I think I could improve is:
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2)IMPROVING YOUR OBJECTION
HANDLING TECHNIQUES
When you present your payment proposition it may be accepted immediately by the creditor. However they
may come up with objections to your proposals. Handled appropriately, you may still be able to achieve a
resolution. The objection will usually be that the payment you have proposed is insufficient. Many creditors
will insist on a minimum payment of X% of the balance and refuse to consider anything less.
If you remain firm you may be able to negotiate with them towards a mutually acceptable solution. Saying
NO can be a difficult thing to do but if you can do it with confidence and present a clear explanation which is
understood fully you are less likely to be challenged.
One technique you could try is the broken record technique which prevents aggressive or passive behaviour
occurring.
Exercise: Objection Handling techniques
1. On the website click on the Audio Bank Folder and access the file Negotiating Skills Developer Objection
Handling exercise
2. The exercise has a sample conversation between a customer and a creditor.
3. Listen to the 3 different conversations.
4. Make notes of how the statements change
Say what you can do
Rather than focusing on negatives i.e. what you can’t do- it is important to stress what you can do!
You can offer some kind of statement which will make them feel that there is an element of flexibility. You
should take control and say what you CAN do e.g.
“At this moment in time I can’t afford
€x but I can afford to pay €y per month
for 6 months and I will then review my
finances and see what I can afford at
that stage”
78
3)DEALING WITH THREATS AND
INTIMIDATION
In most cases, the people you will deal with (the creditors or their agents) will take your situation very
seriously and will act in a professional, matter of fact manner. They will be familiar with dealing with people
in exactly the same situation you are in and whilst they may not always appear particularly sympathetic they
should treat you with understanding of the situation.
There will, however be those individuals who will not be so civil with you. From the Creditor’s viewpoint, or
anyone acting on their behalf, once you indicate to them that you are having financial difficulties, they can go
into panic mode in the fear that you will not be able to pay them back. Particularly if they are aware that you
have other creditors to repay, they can seem to be desperate to ensure they get as much as possible from
you in as short a time as possible.
In addition, some debt collection agents earn commission for every pound they can collect from you and they
will say and do anything to ensure you pay. They will:
•
•
•
•
•
Shout at you
Swear at you
Humiliate you
Threaten you
Call you four or five times a day (or more)
If you are not prepared for these kinds of reactions, it can be very intimidating, or even frightening. Our aim
in this section, is to prepare you for what may happen, to give you the facts about any threats they may make
and to give you information on your rights. This will improve your confidence when you are dealing with
Creditors or anyone who may be acting on their behalf such as Debt Collection Agencies.
Your stock answer to their threats could be something along the following lines:
“I have given you my written proposals
based on my realistic ability to pay. I
am not trying to avoid payment and I
take my obligations to you seriously.
However, I am simply not able to pay
more than I have offered at this time.”
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3)DEALING WITH THREATS AND
INTIMIDATION
There are a number of strategies you can adopt when dealing with threats and intimidation:
1.
2.
3.
4.
5.
Keep Calm
Stick to your guns
Prepare yourself
Get it in writing
Know your rights
1. Keep calm
There is no point in getting angry or upset with the creditors or their agents as they are only doing their job.
The best approach is to explain your situation calmly and factually.
Do not allow yourself to react in kind, especially if they are shouting or swearing as then you have lost
control. It can be very difficult to remain calm, particularly if they are doing their level best to humiliate you
but if you lose your cool - you lose control. It is very difficult to continue being aggressive or abusive with
someone who is staying calm and being reasonable, so if you do not react they will soon run out of steam.
Taking deep breaths or counting to ten works for some people. Simply repeating the fact that you know you
are in debt but you are doing your best to get out of the situation works for others.
2. Stick to your guns
Don’t make promises or commitments you can’t keep up-it can be quite tempting to agree to paying
another €x – just to stop agents ringing up or to get them off the phone. However if you cannot maintain that
commitment, the long term repercussions are that you have now broken one agreement and they are less
likely to trust you again.
This may then result in them going straight to court next time rather than negotiating with you. If you cannot
pay what they are asking - do not make false promises. Repeat that you cannot pay what you cannot afford
and there is no point in your agreeing to something you know you cannot sustain.
Think of the big picture- faced with a barrage of threats and abuse it could be quite easy to give in to their
demands. Particularly if they are being quite adamant that they MUST have another €x or they will send out
sheriff and that will actually cost you over a thousand pounds.
You could start to think “well it’s only €x-what’s the harm?”. However that €x can have a significant effect on
the rest of your financial situation.
• It means you then have less left over for your other creditors.
• It means that your other creditors will see that one party is getting an additional amount and then they
are less likely to view your distribution to them as fair
• It means that your other creditors will want more!
The worst thing you can do is to be intimidated into paying more than you can afford. Inevitably you will not
be able to keep up to the agreed payment and creditors will view the situation less favourably the second
time around.
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3. Prepare yourself
When you are speaking to creditors or their agents on the phone they may ask you a lot of questions about
your financial situation. This can feel like a verbal attack at times. Being prepared for this and having all your
information in front of you available at your fingertips will increase your confidence.
Ensure you have in front of you:
• A copy of your Financial Statement
• Your list of creditors
• Your repayment schedule
• Details of which creditors have agreed to your payments
4. Get it in writing
A lot of your communication with the creditors or their agents will be on the phone. The disadvantage of this
is that you have no evidence of what has been said or what may have been promised.
We strongly recommend that you keep a detailed record in your Diary of every communication you have,
noting:
• The date/time of the visit or call
• The name of the person you spoke to
• The key points of what was discussed or offered
Ask whoever you speak to for confirmation in writing of what has been agreed and keep copies of all
correspondence you receive. Also ensure that you send a letter to the individual concerned confirming what
you have agreed. In this way it will become evident to the creditors, or their agents that you are taking the
matter seriously. It also provides you with evidence if you need to make a formal complaint against them.
81
5.KNOW YOUR RIGHTS
Part of being prepared is also about knowing what your legal rights are.
Your creditors, or their agents, are allowed to:
• Contact you if you default on a loan repayment or credit agreement.
• Call at your home to discuss the matter with you (although you are not obliged to let them in to your
home, you are not obliged to discuss things with them and you are within your rights to ask them to
leave)
However, what they are not allowed to do is:
• Harass you
• Discuss your situation with your neighbours
• Pretend that they have more powers than they do have
• Pretend they have the right to visit your home and take away goods or add collection fees to your debt
• Call you repeatedly at work or during unsociable hours
The key pieces of legislation which protect people in debt from unreasonable behaviour from creditors or
their agents are as follows:
Legislation examples
Criminal Law
Harassment Law
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Key Facts
It a criminal offence for:
• a creditor (or their agent)
to make demands (for
money) which are aimed at
causing “alarm, distress or
humiliation, because of their
frequency or publicity or
manner”
• if a creditor falsely implies
that non-payment of the
debt will lead to criminal
proceedings
• if the creditor pretends to be
someone they are not e.g. a
court official or sheriff
• to send a person a document
which looks like it has been
sent from a court.
It is a criminal offence to:
• pursue a course of action
“which they know, or ought to
know, amounts to harassment
of another person”
Possible punishment
A fine, for second or subsequent
offences the fine can be
increased.
What to do if you feel a creditor or someone acting on their behalf has broken the law
1. Gather evidence
Record times and content of visits and calls
Keep copies of threatening letters
2. Write a letter of complaint to the creditor concerned:
a.Inform them you are aware of Consumer Guidelines and believe they are in breach of these as well as
possibly being in breach of actual Irish legislation, if none specific, avoid use. See Template Letter HAR1.
b. Ask them to stop what they are doing
c. Tell them how you would prefer to be contacted
3. If the creditor continues to harass you make a complaint to the Regulator and use various Irish Gov’t
agencies including Ombudsman, Gardai etc
N.B. If the behaviour of the creditor or their representatives becomes at all violent or extremely
threatening contact the Garda immediately.
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5.KNOW YOUR RIGHTS
Examples of threats/
Facts
intimidation
You’re stupid to let yourself These are all empty threats which are made in an attempt to embarrass or
get in this situation
humiliate you into making a payment.
How do you think your
children would feel
knowing you can’t pay your
bills?
By making these threats, they are implying that people who know you will
get to know that you are in debt. This is simply not the case. Under Data
Protection legislation, organisations are not allowed to reveal information
they know about you to third parties without your express permission.
What would your friends/
family/neighbours/
colleagues say if the knew
you were in debt?
If Debt Collection Agencies do visit your home or workplace and threaten to
let other people know you are in financial difficulties they are also in breach
of:
• The Data Protection act If you don’t pay you will go
on a credit blacklist and
you will never be able to
get credit again-you might
even lose your job
There is actually no such thing as a “credit blacklist” but if you do not pay
your debts, you may find it difficult to get credit in the future. Your credit
record does, however, get reported to the Irish credit Bureau.
When you apply for credit of any kind Lenders will refer to the Irish Credit
Bureau. These agencies keep records of everyone living in the Republic of
Ireland. These records include:
• Personal information such as your name, address and date of birth
• Public records such as Court Judgements and bankruptcy information
• Credit history which is shared by all Financial Organisations e.g.
accounts held in your name, whether you have missed payments or paid
late
Therefore if you do apply for credit in the future, any arrears or late
payments will show on your credit report and could mean you are declined
for credit. Different lenders apply different standards so there may still be
some organisations who will lend you money. Also there are steps you can
take to improve your credit history
If you don’t pay us now
we will send the Sheriff
around next week to seize
your goods
84
This is likely to be a complete bluff. Unless they have a Court Judgement
against you-they cannot instruct a Sheriff. Even if they do, you do not have to
allow a Sheriff to come in to your home and they cannot force access*.
*Exceptions to this are when the debt is for Income tax or VAT arrears
Examples of threats/
intimidation
If you don’t pay we will
send a debt collector round
to your house
Facts
This is also designed to scare you into making a payment .The mental
image conjured by this phrase is perhaps of 2 scary looking men armed
with baseball bats! It is the fear of someone coming to your home that is
designed to scare you and make you pay up.
Although Debt Collection Agencies do have the power to visit your home it is
not carried out often as it is an expensive method of collecting debts.
However they have absolutely no right of entry to your home-you don’t have
to let them in. They have no right to take anything from your home and you
are under no obligation to discuss anything with them.
You may find it easier to discuss things with someone on a face to face basis
so we are not saying you must not talk to them at all but you should not feel
intimidated by them and you are under no obligation to speak to them.
If you do not want to speak to them you should ask them to leave-if they
refuse, tell them they are trespassing and if they don’t leave, you will call the
police. If they remain, call the police, tell them that someone is trespassing
on your property and there is likely to be a breach of the peace.
If you feel a Collection Agency is treating you unfairly e.g. making a scene in
front of your neighbours (see previous section on harassment)
85
Examples of threats/
intimidation
If you don’t pay we will
take you to Court
Facts
This is designed to frighten you into making a payment, the threat is usually
an empty one, but it does tend to get results from a lot of people who,
understandably, do not want to go to court.
If they have implied the prosecution is in the Criminal Court-this cannot be
done-you cannot be prosecuted in the criminal courts because you haven’t
paid your debts but some creditors might try to make you think you canthat’s illegal.
Your case would be heard in the District Court which is a lot less formal
than a Criminal Court-it is not about being innocent or guilty but to settle
disputes about money owed and how to repay it. In most cases you will not
have to even go to a court hearing as most of the procedure is done through
the post*.
*(See section 3 on Court action)
Court action is normally reserved for people who won’t make any type
of payment or ignore creditors. If a case does go to court the Judge will
do just what we have recommended you to do-he/she will look at your
financial statement-see what you have coming in and going out and make a
judgement based on what he/she considers reasonable. In all likelihood this
will work out at the pro rata figure you have suggested you can pay anyway to
your creditors and if this is what you have offered already the Judge is likely
to accuse the creditors of wasting time and not award them costs.
Fact: The Courts will not permit your income to be reduced below a level
which you require to subsist. So, if you can’t afford to pay more than you
have offered, there is not a Law which will make you do so. Creditors
know this, but are banking on the fact that you don’t.
86
Examples of threats/
intimidation
Agents are calling at work
and you are concerned you
may lose your job
Facts
Agents are calling up to 5
or 6 times a day
If you do not pay, your creditors are within their rights to keep reminding you
from time to time but they must be reasonable. There is no strict definition
of “reasonable” but certainly more than 3 or 4 times a day and after 9pm at
night would be beyond the bounds of reasonable.
Agents are calling at
midnight
This is quite a common tactic used by over eager Debt Collection agents who
are really hoping to wear you down so you will agree to pay up just to get rid
of them ringing constantly.
If they are ringing more than this or at times which are “unsociable” then
they may be in breach of your legal rights
If they are ringing you at work you should tell them that this is not
acceptable as you could lose your job and give them an alternative number
on which to contact you.
If you are simply avoiding their calls then you have to take some degree of
responsibility here. It is always wise to communicate with them initially and
explain your situation rather than avoiding them and hope they will go away.
If however you have made them an offer and sent your financial statement
and they are ringing to try and increase the offer - then you can take action:
• You explain again that you are not able to pay more than you have offered
• You advise them that you regard your constant phone calls as a form of
harassment and are putting them on notice that you intend reporting
them to the relavant authorities.
• You advise them that from this point on you will only communicate with
them in writing
• You advise them that if you receive any further telephone calls from them
or their organisation you will see that they face proceedings under quote
Irish legislation
• You send them Template Letter HAR1
These are the most common examples of threats and intimidation techniques that may be used by the
Creditors or their Agents. However if you:
1.
2.
3.
4.
5.
Keep calm
Stick to your guns
Prepare yourself
Get it in writing
Know your rights
You should be able to deal with whatever they say or do to you.
REMEMBER IF YOU DON’T LIKE WHAT YOU ARE LISTENING TO YOU CAN PUT THE PHONE DOWN!
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QUESTION 7 KNOW YOUR RIGHTS
QUIZ
Test your understanding of your rights when dealing with creditors or their agents by completing the
following quiz:
Question
1. Can a Debt Collecting Agent call at your home
2. Can a debt collection agent contact you at work?
3. Do debt collecting agents have legal rights to
enter your home?
4. Can creditors legally send out letters which are
meant to look like court papers to scare you in to
payment?
5. Will you go on a credit blacklist if you cannot
make payments?
6. Can a court appointed sheriffs turn up at your
door to remove goods without giving any notice?
7. Do sheriffs have legal rights to enter your home?
8. Could you be taken to a criminal court for non
payment of debt?
9. Can creditors legally charge costs and fines to
recover debts?
10. Could debt collecting agents discuss my
situation with my family, neighbours or colleagues?
11. If a debt collection agency rang you at 11.00 at
night – would that be legal?
12. Who can you complain to if you feel your
creditors are acting unlawfully?
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Your response
NEGOTIATION SKILLS
CONFIDENCE CHECK
At the start of this section we gave you a confidence check. Having worked through the skills development
guide how confident do you now feel in dealing with the following situations:
On a scale of one to ten with 1 meaning you have little or no confidence and 10 meaning you feel 100%
confident .
Circle how you feel about each one in terms of what you can do now.
NB: Make sure you listen to the Soundbites before you take this test
How confident do you feel...
...getting your point across on the telephone
Little/no confidence
100% confident
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
Please state reasons for your rating
...sounding as if you are in control on the telephone
Please state reasons for your rating
... handling objections on the telephone
Please state reasons for your rating
...dealing with threats and intimidation on the telephone
Please state reasons for your rating
Improvement and Feedback
We are certain that your confidence levels will have improved but if your ratings are lower than seven in any
of the categories it would be worth while revisiting the relevant sections.
Remember confidence is something that comes mainly with practice but also with feedback so do ask your
partner, friend or family member (identified in Step 1) to give you honest feedback about the impression you
are making when on the telephone. They can listen in to a call and give you feedback based on the telephone
checklist.
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MY PERSONAL KEY LEARNING
POINTS
THINK ABOUT WHAT YOU HAVE LEARNED FROM
THIS SECTION AND MAKE A NOTE OF THE MAIN
POINTS IN THE KEY SHAPES BELOW. THIS WILL
HELP TO ENSURE YOUR LEARNING IS KEPT
FRESH IN YOUR MIND.
Step Five: Learning Outcomes
In this section we have looked at ways in which you
can improve your confidence when negotiating with
creditors by:
• Building your knowledge
• By giving you the tools to enable you to take
action
• By developing your skills
As a result of your learning, your outcomes from
the session are that you have:
Improved your skills in the following areas:
• General telephone techniques
• Objection handling techniques
• Letter writing
Improved your knowledge of:
• The Debt Collections Process
• What will happen if you get taken to court
• What will happen if you fail to make payments
• What are the legal alternatives if you cannot pay
• Your legal rights when dealing with creditors
Produced professional letters using the templates
provided which have been sent to your creditors
Improved your abilities
You have negotiated successfully with all your
creditors by phone and/or by letter to arrive at
mutually accepted offers of payment.
Improved your confidence
• You have negotiated successfully with your
creditors on the phone in a professional and
confident manner which has resulted in your
offers being accepted
• You have dealt effectively and assertively with
threats and intimidation from creditors on the
phone
Next Steps
In the next section you will be looking at how you
can improve your financial situation by increasing
your income and reducing your expenditure.
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