credit security ltd

[Deb T]

You should consider a truecall trueCall - your nuisance call blocker and at the same time as this raise a complaint with the OFT

[Deb T]

You have to put them on notice that you're recording the call or it's zero use as evidence. Maybe that will do the trick, start the call from them with 'hi, can I have your name please and the name of your company ,' when they reveal it your next sentence will be ' thanks for that, I must inform you that I'm recording this call for the collection of evidence' I wonder if they'll put the phone down before they reveal themselves or after you've told them you're recording the call. But that is what I'd do and how I'd do it.

[Deb T]

There is no need to inform anyone that you are recording the call, I record all of my phone calls (thanks Truecall:D) and as my calls are not privy to any third party there is no legal requirement to let them know you are doing so.

 

If you were to offer the phone recordings as evidence in court, then it is up to the judge whether or not he would allow the call to be heard, not you or the other person on the end of the line.

 

I think we're on the same hymn sheet, as in my first line

You have to put them on notice that you're recording the call or it's zero use as evidence

[Deb T]

Sorry Deb, I have to disagree, it is up to the judge whether or not it can be used as evidence, the fact that you have not told them that you are recording the call matters not one bit, besides you would have informed them that you are using it as evidence in your defence.

 

 

You're not saying anything that isn't already obvious as in a judge has always been able to determine what evidence he/she will allow in court

and this extends to all and everything but if a recorded call is to be played in court (third party involvement at that point) then the consent to do so must be received from the person (s) being recorded. However, if consent is not given I do not think it can be played in court or even presented as evidence, it leaves things open for civil proceedings.

 

It's also why most CCTV's from shops are without sound or at least the sound is not provided on playback in court.

 

Perhaps a better reference of it beings seen as a civil not crimminal matter can be found here, the last two sentences are the ones to look at but given that it's the Attorney General, the Head of the Met and involves quotes from the the then Govt Minister Hazel Blears and Shami Chakrabati from Liberty

BBC NEWS | UK | Met chief in phone recording row

 

An uninformed non consenting individual in a non criminal case such as the above authors original post points to would not be played in court at any time, however an informed consenting individuals call will have much more of a chance of being allowed into court.

[Deb T]

However, it is better we agree to disagree, and focus on the OP's problem.

 

Boo;)

 

 

I agree but with a bit of a retraction from me myself and I, after further reading/digging/using google I think the concensus is that generally speaking you do not need permission to replay the call.

 

You can have it *burys head*

 

and a slap to the back at the same time (reputation)