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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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Recording phone call, formula


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Hello, this call is being recorded.

 

If you think about terminating this call, let me do the talking first and then you can choose what to do. Without saying the word, if you choose to.

 

If you will want to terminate this call anyway. I would like to speak to a manager.

 

Regulation of Investigatory Powers Act 2000, does not prohibit individuals from

recording their own calls as long as the recording is for their own use.

What is your legal ground on rejecting a call?

By not answering to that question or ending a call I will understand that you haven't

any legal ground for doing so and this is your personal choice.

Against that I will lodge a compaint.

 

Thank you, I have said it all now. You can transfer my call to manager now or we can start dealing.

 

 

I didn't know where exactly to share that. So i thought I'll place it in the forum relevant to the situation that made me to write it.

 

2 ladies from consumer complaint service hunged up on me saying they won't talk to me if I won't switch off recording (yes I tell everyone at the beginning).

So instead of changing my ways, I did that. I won't be saying witch mobile provider it was as I finished dealing with them now but wanted to share if someone is in the same shoes as me.

 

It's open for edits as it was done in some 30 min.

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No need for all that. You can just say the call is being recorded. Same as businesses do.

 

Who is calling you? A dca?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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On a personal level, of course they are entitled to refuse to be recorded. However, I can scarcely imagine that they are carrying out their company policy.

 

On your own level, you are wrong to give a warning. There is no legal requirement for you to do so and of course it will undermine the value of recording the conversation if you you tell them in advance.

 

Of course, you have the personal choice as to whether or not to let them know that you are recording the conversation but you will undermine your progress in any complaint if you do tell them. It's up to you.

 

Finally, it's a shame that you won't tell us which company this is. It would be helpful to everyone involved in this forum to share this kind of information.

 

If I were you I would make a complaint to the company that their customer service department is not prepared to do its job simply because they know that you are recording the conversation in exactly the same way that they are.

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Indeed I was reading the warning /advice on the forum to record but it doesn't say why someone should regret not recording.

Is it because you can go back and listen to conversation, use it in courts? Second isn't after all clear atvall.

Now I can't honestly understand why it should undermine the value of recording?

 

I'm recording automatically my CS conversations for ages now but changed a tactic to increase a chance to make it admissible. And today I only remember that there were cases that the value of recording was undermined by secrecy of deed.

 

Also there is a factor of CS telling less bs on the phone for example during customer retention if they know what is going on. So the value of informing other part about it might also be time saving, as instead of chasing misleading contract you won't get one in the first place.

 

As for why I'm not giving company name, it is to keep anonymous. Name will surface or surfaced different time, different place.

Edited by face-t
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Businesses have to inform customers that they are recording the call for the simple fact is that the call may be shared with others. This is not the case with personal calls.

 

By not stating that you are recording the call, you cannot share the call with anybody else however, you can make a written transcript of the call and publish that so long as you remove identifying information. For example, you record a call with Sarah. When you transcribe it, change Sarah to CS Rep.

 

In a court case, you can provide the transcript and the judge can order the release of the recording.

 

So, after my waffle, you don't have to tell them.

 

I had a similar issue a few months back. I had a meeting with a company rep and I asked him if he minded my recording the meeting and showed him my phone. He said no but what he didn't know was that I also had a spy gadget, a recording USB stick. I also have a camera pen and I tried it out with my hospital consultant, He had no idea I was recording.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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He said no
Did he say "no" to do "do you mind" or "can I record"?

simple fact is that the call may be shared with others
but it doesn't really translate do the same rights to us customers. Doesn't it? Which I think is co incredibly ridiculous!

 

Yes there are situations , where I would not announce I record. Hospital would be one of them or where dependency on service would be to high and I couldn't afford time delay.

 

But generally information at the beginning of conversation could just put off all this aggressive salesmen and them bs technique offering something they can't provide.

 

To answer one of the first questions: as I mentioned, before I said above formula, I was disconnected twice by customer service so I made them offer if they don't want to talk again, transfer me to manager. Simple. This way I can find out is it company policy or way of avoiding personal responsibility.

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… And incidentally if you really want to insist on recording then quite frankly the involved and complicated "formula" that you have come up with is calculated to put people on edge, to make them wary, to make them suspicious of you as well as taking up a load of everybody's time.

 

If you really want to let people know then a simple "by the way, just to let you know that I'm recording this call" is more than adequate. But frankly you shouldn't. It's really just a waste

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if you recod the conversation of interaction with a company that uses call recording themselves, even if only occasionally, it is called a level playing field and becomes admissible as evidence. You dont have to tell them that you are recording.

I would think that if more people did it then the higher tier customer services at places like BG and BT would improve dramatically as they would ahve to explain themselves to a court more often. Their smothering of anything that shows their incompetence in the prime consideration at present.

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I can add to this thread how it happened.

 

Since I have had all the conversations with company

[when I said I record and when I didn't say]

 

 

I called them to make amendments,

but this time I was mentioning that it's being recorded.

I fact there was no promises that they will call but forgot about it,

 

 

they called me with new deal proposal when I didn't ask,

finally I had this feeling they didn't want it to go to court,

which I have promised based not only on failed service

but also on really outrageous calls that that I was having in the meantime

 

 

- being also close to [misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance].

 

So I think that saying warning at the beginning of a call is part of a strategy one wants to apply.

 

For the software/hardware bit.

Backing up is usually a little pain.

 

I have an Android phone that uses ACR for recording

[it's starts automatically, but can be set not to record calls form certain numbers

- for example from certain Phone Book entries]

it registers the date, time, and number of call in file name

so it's simple to find one later.

Also version I use is free [or was when I got it first time].

 

 

Then If you have laptop, PC, RaspberryPi at home you can install SyncMe Wireless on the phone

[also free]

to transfer automatically recorded files across wireless network and choose to leave original on the handset or not. Same way you can back it up to more then one location on the home network.

 

 

It would be a good idea to have it all encrypted as phone calls include your most sensitive data and voice samples!

 

 

The simplest way would be to have it encrypted within a system you use.

So BitLocker on Windows or native encryption on some Linux distributions [Mint for example].

Otherwise VeraCrypt [free even for companies] can be used.

 

Unfortunate most people will not know how solid grounds for any court case will they have

- even having every single call.

 

 

Or will they be able to beat the opposition, or how much is the cost and how much is the maximum

[in case if it drags?],

or will they get return of the cost if they win.

 

 

There is plenty going through a head of ordinary citizen,

even if they've managed to get recorder.

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:crazy::noidea:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Probably simpler to just name the Mobile Service you are having problems with face-t .....and remove all the cloak and dagger and smoke and mirrors approach.

 

Andy

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I'm not sure what the point of this thread is?

 

Record your calls, don't record your calls, sounds very FMOTL to me???

 

It seems to me the OP wants to make a simple process (or simple problem) very complex.

 

Perhaps they could clarify, in one clear sentence, what problem they want help with fixing, or what point they want to make?.

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There is no simple problems, otherwise we wouldn't need bunch of lawyers or consumer forums for that matter. We all have different approach as we live different lives.

Therefore I don't give simple answers [apart from soft/hard configuration - this is straightforward]

I prefer open approach; as I indicated in first post it is for someone in my shoes. If someone is happy with my approach can use it as it - most likely - didn't cost me as much time as going to court [plus all the other downsides for average Joe].

 

 

If anyone have any questions in that mater, there is always space and time to elaborate.

 

! addendum: to send encrypted files from computer to one of the popular cloud storages one can use open source Cryptomator [Linux, Windows, iOS]. This way files locally will stay unencrypted but in cloud/internet/server they will be unrecognisable. :violin:

Edited by face-t
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Perhaps they could clarify, in one clear sentence, what problem they want help with fixing, or what point they want to make?.

 

 

There is no simple problems, otherwise we wouldn't need bunch of lawyers or consumer forums for that matter. We all have different approach as we live different lives.

Therefore I don't give simple answers [apart from soft/hard configuration - this is straightforward]

I prefer open approach; as I indicated in first post it is for someone in my shoes. If someone is happy with my approach can use it as it - most likely - didn't cost me as much time as going to court [plus all the other downsides for average Joe].

 

 

If anyone have any questions in that mater, there is always space and time to elaborate.

 

! addendum: to send encrypted files from computer to one of the popular cloud storages one can use open source Cryptomator [Linux, Windows, iOS]. This way files locally will stay unencrypted but in cloud/internet/server they will be unrecognisable. :violin:

 

So, as far as "one clear sentence" : it appears the answer is "no"

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I'm still at a loss as to what this thread is all about?

 

Are you saying that when this cloak & dagger firm ring you, that you record the call for your own records, should any issues arise at a later date, and IF issues do arise, you can tell them it was recorded, OR, prior to any conversation taking place, you read verbatim:

Hello, this call is being recorded.

 

If you think about terminating this call, let me do the talking first and then you can choose what to do. Without saying the word, if you choose to.

 

If you will want to terminate this call anyway. I would like to speak to a manager.

 

Regulation of Investigatory Powers Act 2000, does not prohibit individuals from

recording their own calls as long as the recording is for their own use.

What is your legal ground on rejecting a call?

By not answering to that question or ending a call I will understand that you haven't

any legal ground for doing so and this is your personal choice.

Against that I will lodge a compaint.

 

Thank you, I have said it all now. You can transfer my call to manager now or we can start dealing.

??????

Or is there something I'm missing?

 

The above isn't required, and is self defeating, you can, AND SHOULD, record your calls routinely.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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