Jump to content

 

BankFodder BankFodder


campbeji

Recording Phone Calls

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1305 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

 

I've read quite a bit of advice about recording telephone conversations with the financial institutions, and I agree that we should do this.

 

I do have a question that I haven't found answered elsewhere, basically what are the legal implications of recording your call? As I understand it, and I may be wrong, we can only record our own side of the conversation unless we tell all the parties to the call that we are recording the call, if we don't the tape may be inadmissable in court and possible a criminal action.

 

Which brings another thing to mind, what does the warning we get on the phone say about the call being recorded by the financial institution, the call may be recorded to be used for training purposes, is there anything else? if not does this not exclude it from being used for any other purpose?

 

Might be at the wrong tree on this, what do you all think.

 

Bye for now

 

Jim


Nothing done yet, Just arrived at the site recently, but the following banks etc will be hearing from me

Nationwide acc 1

Nationwide acc 2

Nationwide acc 3

My MBNA

Wifes MBNA

My Citibank

Wifes Citibank

My GE Money

Wife's GE Money - £78.85 - Preliminary letter sent 5/6/06

Mint - £140.00 - Preliminary letter sent 5/6/06

Capital One

Share this post


Link to post
Share on other sites

As far as I remeber, the Wireless and Telegraph Act says that you must inform the other party that the call is being recorded or monitored, even if it's just the one side.

 

Also, when financial instituions say that it's for quality or training purposes, then it's not admissible in court.

 

This is because they are obtaining information, and then deceiving you on it's intended use. Im sure that this may be criminal if they do.

 

Also, have you ever had an arguement with these people about something they've said, and then they've denied it. Well I' ve called their bluff by saying that if they record all calls, then please supply the recording.

 

This information would also fall under the Data Protection Act, but most companies can't or don't have a way to retreive them.

 

 

Ad.


CURRENT ACCOUNTS

Abbey - WON !!!

HSBC - Data Protection Act Sent 01/06/06 - Still awaiting statements

FirstFirect - WON !!

Smile - Data Protection Act Sent 01/06/06

 

CREDIT CARDS

CapitalOne - MCOL claim issued - ackowledged

MBNA - Data Protection Act Sent 01/06/06

CitiBank - LBA sent

Barclaycard - LBA sent

Egg - MCOL Claim issued

 

LOANS

Halifax - LBA sent

Marks & Spencer - LBA sent

 

HP

Online Finance HP - LBA sent

Open & Direct HP - LBA sent

____________________________________________

Click on the Scales in the top-right hand corner of my posts is you think it was useful

Share this post


Link to post
Share on other sites

I was under the impression.

 

If you do not advise, then you can play it to a third party,but you can not use it legaly.

 

If you do advice then you can use the recording as you wish.

Share this post


Link to post
Share on other sites

Thanks guys, that pretty much supports what I thought.

 

Jim


Nothing done yet, Just arrived at the site recently, but the following banks etc will be hearing from me

Nationwide acc 1

Nationwide acc 2

Nationwide acc 3

My MBNA

Wifes MBNA

My Citibank

Wifes Citibank

My GE Money

Wife's GE Money - £78.85 - Preliminary letter sent 5/6/06

Mint - £140.00 - Preliminary letter sent 5/6/06

Capital One

Share this post


Link to post
Share on other sites

Its not illegal to record a phone call when you are a party to the call, but the problem would arise when you tried to introduce this call as evidence if the other party was unaware they were being recorded.

 

However, in law and espcially in trials there is such a thing as probative value versus prejudical value. What this means is that, although something should strictly not be admitted as evidence, if you can prove it is of sufficent authority to bring new substancial evidence the Judge can consider letting it in.


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.

Share this post


Link to post
Share on other sites

The legal teams of the banks will almost certainly be able to get such evidence rejected if the banks aren't informed at the time of the call before anything is said.


BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Share this post


Link to post
Share on other sites

I dont know the legalities but when i tried to record a coversation with captial one they told me that they could not continue unless this was stopped immediately and put down the phone!

Share this post


Link to post
Share on other sites

That's a bit rich!!! They have been recording phone calls for years but get stroppy when we try the same. Try to get all recordings of your dealings with them under DPA. See what happens.


BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Share this post


Link to post
Share on other sites

They will lose them , they will be accidently destroyed in other words you have no chance but of course try.The problem is you warned them you was recording the call you do not have to inform them as a lot of people believe that you do.


When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Share this post


Link to post
Share on other sites

Share this post


Link to post
Share on other sites

I was told, a while ago, that you can only record a phone conversation with the other person's permission and that to do otherwise was illegal.

 

Although, the source of this was a company with which I was in dispute regarding warranty repairs on double glazing.

 

The company went to the wall about two years ago.


If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Share this post


Link to post
Share on other sites

OK, pretty confused now, I also read the link posted by BankFodder which seemed to have good points for both sides of the discussion.

 

At the end of the day whether you tell them or not is probably irrelevant, it's the use you put the recording too, and to be honest I can think of only 2 or 3 applications.

  1. To use as a reminder of the conversation
  2. To use as a point to discuss with friends/legal advisors
  3. To use as evidence in court
  4. To play back to the bank staff at a later date

With point 1 it dosn't matter at all, point 2 it may matter in the strictest legal terms but will only be a problem if your friend/legal advisor tells on you which is pretty unlikly. Point 3 may see the actual recording being disallowed, but you could use it to prepare a draft of the conversation, which as far as I can see will be allowed without objection. Point 4 dosn't cause a problem as there is no third party involved.

 

OK, now that this is straight in my head I will record the conversations without a warning, unless anyone can see a flaw in my reasoning.

 

Many Thanks

 

Jim


Nothing done yet, Just arrived at the site recently, but the following banks etc will be hearing from me

Nationwide acc 1

Nationwide acc 2

Nationwide acc 3

My MBNA

Wifes MBNA

My Citibank

Wifes Citibank

My GE Money

Wife's GE Money - £78.85 - Preliminary letter sent 5/6/06

Mint - £140.00 - Preliminary letter sent 5/6/06

Capital One

Share this post


Link to post
Share on other sites

Like campbeji I too have read BF's link and offer the following practical example.

 

A couple of years ago I had occasion to sue a trade debtor for a £1200 unpaid account. I made strenuous efforts to resolve the situation by letter and telephone before resorting to court action. The letters were always sent recorded delivery and all the telephone calls between us were recorded. I did not inform the debtor that I was recording the calls. Calls were liberally sprinkled with exhortations for me to go f*** myself and the resolution to pay only when hell froze.

He decided to defend the claim and the matter went to court. At one stage the judge allowed me to refer to my notes. After I had related one of the telephone conversations the judge shrewdly asked me if that was just my recollection. I told him that I was reading a transcript of a recorded conversation, whereupon he turned to the defendant and raised his eyebrows. Defendant, who had lied, went a funny colour. The judge then asked us to retire to a private room to try to resolve the matter. Defendant capitulated. Judge found for me, gave defendant two weeks to pay.

I swear I saw a twinkle in the judge's eye, but then I would say that, wouldn't I?

 

Onwards and upwards

 

Elsinore


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

Share this post


Link to post
Share on other sites

Is there a reference point I can use? For example, while on the phone and I mention halfway through that I am recording the call, and they then say "you should have told us at the start of the call" - I would then want to say "Section XXX of XXXXXXX guidelines state that I do not have to advise you that I am recording this call at all, as it is for my sole personal records, so unless I intend to disclose the material to third parties, I do not have to inform you".

Anything?


If I have been helpful in any way, please tip my scales :lol:

Share this post


Link to post
Share on other sites

I know this is an old post but it's the regulation of investigatory powers act (RIPA) that does not prevent you from recording conversations between yourself and another individual....the telecommunications act 2000 allows you to as long as one of the persons is party to the conversation (i.e. you) - you cannot however disclose this information to a third person without the consent of the other person that was involved in the call....however a judge may overturn this rule and allow the tape as evidence in court if it is in the public interest (i.e. the person is blatently lying and you say that you have a tape that proves them wrong)... you may however use that tape for personal reason to take transcripts and remind yourself of the conversation..... i get all my information from www.opsi.gov which has all the acts of parliament.....please check this for yourself incase i have got mixed up anywhere....

Share this post


Link to post
Share on other sites

I have played a recording of a phone call from a creditor in court. The defendant said that the transcript I quoted was not correct according to the computer notes that the defendants call monkey had made at the time. The judge then ordered the recording to be played.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Share this post


Link to post
Share on other sites

as long as you don't play them to a third party...like youtube...lol

you can record them.

I tell them and they tell me I can't..they say for training I say for memory..

you do not have to tell them but it is nice to get their reaction....

after disusing my account without asking for even my name or DOB they hung up when I informed them I was recording...

good old EGG....3 times they have done this.


If my advice helped you please click my star

Share this post


Link to post
Share on other sites
as long as you don't play them to a third party...like youtube...lol

you can record them.

I tell them and they tell me I can't..they say for training I say for memory..

you do not have to tell them but it is nice to get their reaction....

after disusing my account without asking for even my name or DOB they hung up when I informed them I was recording...

good old EGG....3 times they have done this.

 

 

Ive had the same thing today from ORANGE !

 

They kept getting arsey with me so called back and told them I was recording the phone call ! Hanged up on me after telling me its illegal !

 

TWATS

Share this post


Link to post
Share on other sites

Late to be contributing to this thread but have just had surprising and fascinating webchat with ICO regarding this.

 

The reason I contacted them was because a retailer who sold me dud product got difficult when I mentioned that I was recording the call. They refused to speak to me.

 

Since I was recording the call in order to be able to use the contents in what promises to be a future dispute, I didn't want to be hampered in my use of the content of the conversation so I went to the ICO in order to ask whether they had the right to 'refuse' to talk to me if I was recording (as they do) the conversation.

 

I use an app on Skype which is simple and saves the agony and time spent on SAR.

 

It turns out that this kind of issue falls under the domestic purposes exemption of the DP act. If you, as a consumer, record a conversation with a retailer's customer service dept for use in dispute resolution (ie to prove what was said) you are entitled

 

a) to do it without informing the other side, on the assumption that they have already advised you that the call is being recorded by them.

b) use its contents in negotiations with the company in question and with any legal adviser/court the dispute goes forward to.

 

This was a revelation for me and I believe a lot of us have been ignorant of this.

 

If you want a copy of the web chat, please pm me.

All the best,

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...