Recording telephone calls

[steven4064]

If you are being harassed by a DCA, it is iportant to gather evidence so that you can make them stop. Keeping detailed records is important but, even better, is to record their calls.

There are loads of different devices available for doing this and I have reviewed a selection. You can see the reviews here.

The best is trueCall which has the incredible feature that it records the entire call even if you press the record button in the middle of the call.

In the UK it is quite legal to record calls or your own private use without telling the caller you are doing it.

[ScabHunter]

Excellent.

Last month I made a post on BankFodder's thread asking why on Earth no-one had come up with a hardware or software product which would allow you to screen telephone calls.

Telephone harassment - an action plan

Now, it is as if someone has read my post and produced exactly the product I was asking for. No, trueCall is not cheap, but if you add up what you save by not having to buy Choose To Refuse and Anonymous Call Reject, it will pay for itself in time in most cases. If you are a heavy telephone user, this is an absolutely essential piece of hardware.

Thanks Steven for bringing it to our attention.

SH

[steven4064]

It also has other options I have not tried - anonymous call reject (screens out all calls with withheld numbers), nighshield (stops silent calls at night 11pm - 7am), personal shield (allows friends to press '5' to get through, tells everyone else to get lost), screen all unrecognised callers (only allows callers on a list to get through, everyone else goes to answer machine)

[DCA-KING]

Hi Steven you say(In the UK it is quite legal to record calls or your own private use without telling the caller you are doing it.) do you have any more info or a link on this would love this in black and white
regards DK

[Bookworm]

Oftel - faqs

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

[ScabHunter]

That is the big problem.

You can record these calls but can you use them as evidence?

If a DCA writes something unlawful in a letter, unless that letter has "Without Prejudice" on it, it can be shown in court.

If these telephone calls are not admissible as evidence, then they are no use anyway.

Also, what about the people who are recording telephone calls and uploading them to YouTube? Are they not just storing up potential problems for themselves by making calls available to third parties without the caller's permission?

SH

[rory32]

If a DCA writes something unlawful in a letter, unless that letter has "Without Prejudice" on it, it can be shown in court.

Without prejudice does not automatically mean that letters can not be shown in court. The letter must fulfill certain criteria for the without prejudice rule to be applied.

No, provided you are not intending to make the contents of the communication available to a third party.

This then falls under the criteria of what exactly is meant by a third party.

The best is trueCall which has the incredible feature that it records the entire call even if you press the record button in the middle of the call.

While I'm sure it is great, most people who are being harassed over their debts don't have a spare 125 quid kicking about.

[steven4064]

I don't theink 'third parties' includes use as evidence.

The relevant laws are:

Telecommunications (Data Protection and Privacy) Regulations 1999
Telecommunications (Lawfu; Business Practice - INterception of Communications) Regulations 2000
Regulation of Investigatory Powers Act 2000
Human Rights Act 1998

You can read them all on the INternet

[rory32]

I don't theink 'third parties' includes use as evidence.

I'm quite sure it doesn't Steven - that's why I raised the point. I am quite sure that what is meant by third parties usually falls under the scope of other people within the organisation and for training purposes or as a private individual distributing the material to others.

[steven4064]

Originally Posted by rory32

While I'm sure it is great, most people who are being harassed over their debts don't have a spare 125 quid kicking about.

I agree although the record only version will be cheaper - I'm trying to find out how much

[rory32]

Good stuff

[Bookworm]

In any case, the best thing to do of you want to enter a phone recording as evidence is to actually make a transcript of it and have the tape/recording ready to play with you at hearing. IF the judge wants to hear it then he can ask for it and/or if the other side says the transcript is not accurate then the judge can ask for it to get played to check.