Can a recording of a pre-contract sales discussion be used as evidence ?

[RogerHarris]

I am considering signing up for a mobile broadband contract..from either 3, t-mobile or vodafone.

 

The interaction pre me signing a contract will be with a salesperson. I will ask for information like what is the minimum contention ratio, the maximum downtime in any given area as marked out by their coverage and how to interpret their coverage maps.

 

Does what the salesperson tell me pre-signing, have any bearing on the contract itself ?

 

If not can i make it so that it can, like arrange to record the pre-contract discussion ?

[Conniff]

You must warn them first, if you intend to share the call with a third party – for use as evidence in a small claims court, for instance – the failure to explain that you are taping the conversation at the start of the call could lead to a civil prosecution.

[Michael Browne]

You must warn them first, if you intend to share the call with a third party – for use as evidence in a small claims court, for instance

Correct. However, there is no obligation to inform them you are recording the call. If you don't then the recording cannot be submitted as evidence, although you can submit a transcript. If the transcript is disputed, a judge may subsequently allow the recording as evidence

 

the failure to explain that you are taping the conversation at the start of the call could lead to a civil prosecution.

Not that I'm aware of. By whom and under what law?

[Conniff]

Oops - I think I typed that wrong. You are quite right that you don't have to inform them you are taping.

[RogerHarris]

Does the information given by a salesman have any bearing on the contract ?

 

A broadband company could just say our salesman gave out wrong info. That was in isolated incident. Its not our fault, we will re-advise him/her, in the meantime you are bound by our contract.

[patrickq1]

i would presume you acted in good faith and if you have asked the correct questions and they have given answers to the fact that what they are telling you is factual and it turns out they were talking through their a*ses then you have been duped into making a signed a contract that was made under false pretences or words to that effect ,imo