Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Incoming Call Records

    For the past couple of days I have been recieving withheld calls, all threatening. Since I work for T-Mobile I know the general rule is "sorry, we don't keep incoming call records". However, I know for legal reason they have to, don't they? Has anyone succeeded in getting a copy of their incoming call records from a mobile network?

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  2. #2
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    Default Re: Incoming Call Records

    Each netrwork has its own department that has access to all the data downloaded from the switch, including the number (even if withheld) and the cell site the call was delivered to. This data is retained for 3 years but not the actual content of the call (audio).

    As a subscriber, you will not be able to request this, however this data will be released on request to the police (who will also know who to contact). The information is only disclosed in this way to keep the requests manageable, and to cut down of any possible forms of vigilantism. As to why you would want to and a withheld number.... I send all mine to voicemail.


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    Default Re: Incoming Call Records

    I don't usually answer withheld calls, but I had about 9 of them and reckoned it was probably a company trying to sell me something, so I answered to tell them I'm registered with TPS but I just got a lot of abuse from someone.

    Just as an extra point, I think it's actually someone I work with in the call centre... I'm gonna ask work if they can assist.

    Thanks for the advice, that's what I reckoned tbh.


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    Default Re: Incoming Call Records

    Even for a police officer to request this, he/she can not go direct to the network, it has to be a request sumitted detailing the reasons it is needed, what would happen to an investigation if the information wasn't made availble, and then have it approved by a senior officer in the ..., then that has to be passed on to the SPOC for the network, and takes about 14 days to come back.

    It's not as easy as you may think in accessing this information, only time it can be supplied without this method is via a 3x9 call, and the information is made available within minutes if not seconds.

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    Default Re: Incoming Call Records

    How each force decide to process these requests is up to them, and if one force requires a 'senior officer' to request the data, that that is their procedure. However, no network will refuse supplying the information providing it comes from official channels - and a single request from a police office (suitably verified) is official enough. Of course, the information is not available instantly, and budget restraints mean the cost for each enquiry must be met. (You didn't think the information was provided free of charge?).


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    Default Re: Incoming Call Records

    I did actually manage to get a hold of the number that called me.... Let's just say, although the networks make out it's a very long complicated process and you should be eternally grateful if they take the time and effort to find out for you... I found out within 3 minutes at work....


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    Default Re: Incoming Call Records

    3 minutes?! that long? if we're going to start saying how easy it is, then i'll add my 2 cents

    people calling me on my mobile i'll get the callers number, even if you dial 141 or block your CLI some other way, i'll still see your number. how do i do this? well thats for me to know and you to guess.

    But we we're talking about the average person trying to obtain this information, not using contacts through employment or abuse of power to get this information.

    For Joe Public, it is not straight forward, and generally not available for you to query, even if making a S.A.R - (Subject access requesticon).

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    Default Re: Incoming Call Records

    Of course, I appreciate that. I was merely pointing out that networks lie to customers when telling them that they do not physically keep a record of incoming calls, as they do.

    And I didn't use contacts through employment or an abuse of power.... I looked it up myself.


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    Default Re: Incoming Call Records

    I need my incoming call records for a court case because they prove i was not speaking on my phone while driving. 3 uk say they don't keep then but i have been told they do but only give them to the police etc... for serious matters.

    Does anyone know how I could get them?


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    Default Re: Incoming Call Records

    Hi, cant you demand the police prove you were on the phone, hence them have to get the records?

    Can a solicitor force the police to provide what evidence they have prior to the case and insist that way.


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    Unfortunately not. The burden of proof is on me. The police just have to say they saw my lips moving and a phone at my ear.

    I am fortunate that they did not check my car for a phone or ask my phone number. However, none of that matters without the phone records relating to my phone account.


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    Default Re: Incoming Call Records

    Goodness that doesnt seem fair and leaves cases open to personal officer opinion or even abuse of power. Hope you get some help soon, best wishes


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    Default Re: Incoming Call Records

    You don't know the half of it

    It's always their word against yours lol


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    Default Re: Incoming Call Records

    It's their word against yours

    If they could prove it but choose not to, maybe you could use that to your advantage (maybe they did check ....)


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    Quote Originally Posted by 2Grumpy View Post
    It's their word against yours

    If they could prove it but choose not to, maybe you could use that to your advantage (maybe they did check ....)
    Sorry, maybe I'm tired out just a bit dim ;-)

    could you translate that to 2 year old for me or pm me if it's can't be said here clearly.

    Thanks


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    Default Re: Incoming Call Records

    A few years ago I used to route my calls through a VOIP service to a pc and that would tell you the number of the caller regardless to being withheld or not.

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    Default Re: Incoming Call Records

    The police are prosecuting you for using your phone while driving.

    The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.
    At that point it is their word against yours.

    They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.
    However they have decided for whatever reason not to do so.

    The burden of proof is with the prosecution

    You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word against yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)


  18. #18
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    Default

    N
    Quote Originally Posted by 2Grumpy View Post
    The police are prosecuting you for using your phone while driving.

    The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.
    At that point it is their word against yours.

    They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.
    However they have decided for whatever reason not to do so.

    The burden of proof is with the prosecution

    You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word agains
    t yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)
    Generally most networks wont provide incoming call records to customers direct. They will however provide these to a lawyer if necessary for a court case although there is usually a fee.



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