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I called cap one to request a copy statement that was supposed to be enclosed inside one of Mr Udy's letters that arrived this morning.
I informed the call taker that I was recording the conversation and she refused to deal with call unless I switched off the equipment. She said it was bank policy and that they were unable to deal with any calls that were being recorded!
She said that this was a very old policy of the company.
Anybody received a similar response or suggest how to handle this kind of situation?
Then inform them that it is a little hard to justify their argument when they are potentially doing the same to you.
TBH I would not bother with phone calls anyway, I feel it it always best to get a letter from them. Then you can be sure that you can make reference later to it very easily, and on occaision even post it back to them to show what mistakes they have made. If it gets that far an erroneous letter will be more convincing to a court than a recorded phone call which the bank could always more easily deny.
I would call them back point out the fallicy of their argument, then put your request in writing, set deadlines and move forward based on those - you are now on your time not theirs
hth, Shanks
Prelim sent May '06
LBA sent June '06
Fob off now rec'd to the prelim
Copy of fob off now rec'd as response to LBA!
Full repayment of all charges since 1997 now received.
Account Closed
Donation made
I intend to follow up with a letter, although I told them I had turned off the equipment so that they would take the call.
I pointed out that they record calls. I was told that was for training and quality purposes and for no other purposes and that it was only a proportion of calls that were recorded.
I told them that I was also interested in monitoring for training purposes and to assess the quality of the call but she refused to continue until the call recording ceased.
I just wondered whether they were entitled to refuse the phone call having been told the conversation was being recorded. We have to accept this condition when they want to talk to us.
Just record the call regardless - if it is for your own personal use there is no need to inform the other party that you are recording the call.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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I told them that I was also interested in monitoring for training purposes and to assess the quality of the call
Love it, tbh I don't know what their legal entitlement is in this. But put it down as them just playing awkward and press on with the claim. You will be the winner in the end so don't let this aspect worry you.
Cheers
Prelim sent May '06
LBA sent June '06
Fob off now rec'd to the prelim
Copy of fob off now rec'd as response to LBA!
Full repayment of all charges since 1997 now received.
Account Closed
Donation made
I did continue recording on the basis that I was only pointing out they had failed to enclose a copy statement referred to in the letter - I just wanted to make sure I had their attention and that they sent me a copy quickly so that I could finish putting my claim together - already been through the lba stage. They also refused to fax or email, instead I was told the copy had been ordered from the correct dept and would take 7-10 working days to arrive.
I just thought it was interesting that they were adopting this strategy. However, in future if I don't want to take a call from these kind of organisations I will just tell them I can't continue if they are recording the call.
Although, usually I just refuse to answer their security questions on the basis that they could be anybody pretending to be my bank / credit card company. I point out I don't want to be a victim of identity theft! This usually gets them off the phone.
You would not be able to use any recorded information as evidence legally unless you told them the calls were being recorded.
As you know already their perception is that there is 1 law for them and another for the customers,and quite often they do let their immaginations run riot,to a point where even Walter Mitty would struggle to compete.
Generally you should avoid telephone contact for this and other reasons.
Stick to the written word which of course can always be substantiated as need be.
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I already knew that you can only use a conversation in court if you have told the person you are recording.
My issue was this - is refusing to handle a call on grounds of it being recorded a new development or had others already experienced the same response?
I don't think the problem is just restricted to Capital One - some call centre staff for various companies are under the impression that you need their permission to record a call.
This is incorrect - you can record the call, so just don't bother telling them.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Just reviving this thread... I've had several dealings with companies who are also of the belief that I'm not allowed to record my telephone calls. I expect it's because they're afraid of being caught out or seem to think that "tapping a phone line" is against the law.
Company policy or T+Cs mean bobbins when brought alongside UK Law - until a company's terms supercede Law then carry on recording and dont leave the recordings on a train or lose them in the post
The BidsterMeister Helper of the hapless and hopeless...
To deal with the problem, send a letter to the company head office and put them on notice that all calls to you and from you will in future be recorded.
Keep a copy, of course and recorded delivery slip.
In all future calls to the company, don't bother to refer to the recording. You can rely on the fact that you have given a general notice. You don't need permission from the company.
Do this with banks, DCA's or anyone else you might deal with on the phone.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Call recording - refusal to deal with call
to request a copy statement that was supposed to be enclosed inside one of Mr Udy's letters that arrived this morning.
Reply With Quote
, I would refer them to their own website where it states... 
Originally Posted by sagaloo
