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.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder frankzappa Novitiate

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    Smile Using telephone recordings as evidence in court

    Hi

    Have been reading with interesticon about the issues around the recording of telephone callsicon. Apparently, to use these as evidence in court you would need the permission of the person/organisation you are recording (confirmed by Home Office). Obviously, no DCAicon is going to do this. I have heard that a transcript of the conversation can be used as evidence.

    Does anyone know how this can be achieved or in what circumstances transcipts can be used as evidence.

    Has anyone had experience of this?


  2. #2
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    Default Re: Using telephone recordings as evidence in court

    I'd like to see a source for the information which you are giving in relation to the need to obtain permission.

    The position so far as I am aware is that a private individual can record calls for his own purposes without permission.
    Using the material as evidence in a court claim falls within this.

    If you want to use recordings, you would need to inform the court beforehand, provide equipment and transcripts of the calls



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  3. #3
    Basic Account Holder frankzappa Novitiate

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    Default Re: Using telephone recordings as evidence in court

    Hi
    I sent an enquiry to a general info e-mail address on the Home Office website (commsdata@homeoffice.gsi .gov.uk. I've copied and pasted their replies below:-

    Me - "
    Dear Sir/Madam

    I would like to know if it is legal to use a taped telephone conversation as evidence in Court? I am currently being harrassed by a debt collectionicon agency and understand that I am able to record their telephone conversations for my own personal use. Does this extend to being able to use this as evidence in Court?

    Any advice you can give would be greatly appreciated.


    1st reply -


    It is legal to use a taped conservation in court, if you obtain consent from the other party ( in this case the debt collection agency) you are recording that you are intending to use it as evidence in court.

    Hence it will be illegal to use the taped conversation as evidence in court if consent from the other party is not obtained.

    Regards

    Commsdata


    and "Further to my enquiry, do I need consent for a transcript of the conversation to be used as evidence in court?"


    Their reply - "

    Yes consent would need to be obtained to use a transcript of the conversation as evidence in court, as the same principles apply.

    Regards

    Commsdata


    I'm not actuall being harrassed by a DCA at the moment but am 'preparing the ground' as I think I might be and will be recording calls if I am. Just wanted to be absolutely shure of the legal position in case this kicks off.



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    Default Re: Using telephone recordings as evidence in court

    I'm suprised. I don't agree with them.
    I don't think that they have reearched it.

    I would be interesting to ask them for the authority for their opinion



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    Basic Account Holder nick20045 Informative nick20045 Informative nick20045 Informative nick20045 Informative

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    Default Re: Using telephone recordings as evidence in court

    Many years ago, before my kids became of age, I have used transripts in Court in relation to matrimonial proceedings. (Namely she will claim harrassment when I go to collect my children when it was not true. She would then stop contact on the basis of her claims). I provided transcripts and offered the playback of the recording. The judge accepted it and reinstated my contact.

    IF you phone anybody and as soon as the phone is answered and it states that "This telephone callicon may be recorded for training or monitoring purposes" then you automatically have the right to make your own recordings.

    Then again, in my humble opinion, UNLESS you are after tricking somebody into saying something (e.g. make them so angry that for example they will swear at you so you claim abuse) why do you not tell them that the conversation is being recorded???????

    If I have nothing to hide and they have nothing to hide then it should be ok. Or are we becoming close to Big Brother and the Secret Service?


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    Default Re: Using telephone recordings as evidence in court

    The Home Office is wrong! You can record a telephone conversation at any time for your own personal records. You are under no obligation to tell the other party that you are recording the call.

    However, there are issues when entering the content of the call into evidence. It is permissable to issue a transcript of the call in evidence, though you may prefer to initially enter it as your version of the discussion. If the other party denies the evidence, simply state you have a full transcript of an actual recording made for your own records. Any judge worth his/her salt would admit the transcript and/or recording as evidence to clarify issues. In this respect, there are no hard and fast rules about the use of recordings in court where the other party wasn't informed of the recording in advance, so you do need to be careful about how you introduce it. It's about intent, especially if you're goading people to say something they otherwise wouldn't.

    The continuing confusion surrounding this relates to the old telecommunications act, where it was illegal to literally attach a recording device to the PSTN (public service telephone network), ie. by hard wiring. If you're using an acoustic bud or Skype or some other non-invasive system, you have no problem.

    It's a bit like CCTV (without the civil liberties issues) - if you're not doing anything wrong, what are you afraid of? If DCAs want to lie then deny it, they'd better look out!

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  7. #7
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    Default Re: Using telephone recordings as evidence in court

    Thank you for taking the time to reply xx

    I agree basically you can use them and basically it is after all the judge who has control of his/her court re wether they see them as valid, well works for judge judgy and I am her fan (I know that does not count in UK)

    Thing is I also agree with when ringing them unless tricking them if they give an experience of themselves which is not acceptable, then more fool them, for instance ringing orangeicon sales and the way they behaved when you could almost taste their keeness to get the sale, that they chose to behave that way and chose to in my opinion mis leed.

    Thanks again, any further responses always welcome xx

    orangeicon need to put their 'listening ears' on that is is not acceptable to mislead if they dont want an annoying customer like me who wont accept being ripped off, truecallicon rules xx


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    Default Re: Using telephone recordings as evidence in court

    I agree donkey xx If doing nowt wrong why worry about cctv or being recorded



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