Thesis/link Thrteatening court for recording call

[brassnecked]

had a call this morning about paying arrears on a deferred student loan, arrears from a delayed deferrment from SLC. Told the guy I had recorded the call, after he said he had recorded the call and he went ballistic, saying he didn't give me permission, said they would likely take me to court, and so on, Where do i stand?

[brassnecked]

Ignore the fool, he just saw his backside because you came across as someone who knew their rights & they dont like that.

Dont speak anymore on the phone to them and refuse to answer security questions if they call you.

 

 

Thanks that's what I thought I told him I didn't need permission, he said they could sue me and that the recording was inadmissable as I think he meant breaching RIPA etc, judge would penalise etc Said I am on benefits so would only have to pay £1 or so a month if they tried to enforce the entire loan that is deferred. I think I really annoyed him.

 

I am going to phone their office and tell them writing only, and that my phone automatically records answered unlisted numbers.

Edited January 20, 2011 by brassnecked

[DonkeyB]

You can record any call you want for your own use. You can use a transcript in court, or the recording itself with the permission of the judge.

 

What you can’t do is let a third party hear the conversation without the other person’s permission.

 

You spoke to a tosser who didn’t know what he was talking about. Did you get him on tape making those threats? Those threats which were intimidating, and which did not truly represent the legal position?

[brassnecked]

You can record any call you want for your own use. You can use a transcript in court, or the recording itself with the permission of the judge.

 

What you can’t do is let a third party hear the conversation without the other person’s permission.

 

 

I have the file now as an amr transferred to a pen, and for any dca earwigging will not be playing it to a third party, but would submit a written transcript to a court for their consideration if I needed to.

[DonkeyB]

You would be entitled to submit it to TS or the OFT as part of a complaint, I believe.

[brassnecked]

You would be entitled to submit it to TS or the OFT as part of a complaint, I believe.

 

Will keep that in mind if required thanks guys I am now confident my position regarding recording such calls is OK

 

They should realise that unwanted calls could well be recorded without them being told anyway.

[fork-it]

I had a legal action threatened against me some years ago by a tradesman, and I contacted my company solicitor.

 

This is off the top...

 

If you are a business or a trader, and you record incoming calls, you must play a caveat or tell the caller Calls may be recorded or monitored for staff training purposes, this gives an opportunity for the caller to end the call. If you are a biz and you make the call to a person, then you must tell the person the call is recorded and allow the person to object to the call or end the call.

 

If you are a non-trading individual making or receiving a call, you do not need to play any caveat and you can record the call without telling them, but you need their permission if you intend to place a copy of the recording on public airwaves e.g. a radio/TV broadcast or upload it to a computer connected to the internet, a server.

 

Lots of case law, but takes a while to dig it all out.

[brassnecked]

Thanks fork-it that is how I understood it, I had no intention of "publishing" or posting on YouTube or anything or playing it back to third parties, merely transcribing it and keeping a .doc of the transcript, and an archive copy of the call for my own use, as and if required . this was something the caller said I needed his permission to do

[fork-it]

If you transcribe it, you dont need permission to publish it. Just dont publish anything untrue. Godfrey vs. Demon Internet Ltd.

[Bazooka Boo]

Have a look on you tube, you will see plenty of telephone recordings on there, I strongly doubt anyone sought the permission of the other to put it on there, you should stick it on there give the general public a good laugh at how just inept and uneducated these morons are!

[brassnecked]

If you transcribe it, you dont need permission to publish it. Just dont publish anything untrue. Godfrey vs. Demon Internet Ltd.

 

It's defo not for publication, just part of an ongoing portfolio I am keeping of communications from SLC and Thesis, and how arrears on a deferred account keep cropping up, or changing.

[blueboy6970]

Did you also mention that you told him you had recorded the call after he told you he had recorded the call?

 

Sounds like pot calling kettle black if he was OK with recording it himself but not if you did.

[ScarletPimpernel]

If the other party said that the call was being recorded then there's simply no issue over you also recording it.

 

Why not make a formal complaint to the DCA about their non-compliant use of psychological pressure and misleading communication? You could use your transcript - or just suggest they listen to their own recording.

[brassnecked]

If the other party said that the call was being recorded then there's simply no issue over you also recording it.

 

Why not make a formal complaint to the DCA about their non-compliant use of psychological pressure and misleading communication? You could use your transcript - or just suggest they listen to their own recording.

 

Thanks ScarletPimpernel, That is also an option, and may be something to look at as a general response where these organisations, are always saying the call is being recorded blah de blah

[42man]

I would just send it to the OFT !!

[ScarletPimpernel]

I would just send it to the OFT !!

 

Indeed, but since DCAs never admit to breaking the rules their efforts to wriggle on this one would be interesting to see!

[DonkeyB]

I’m sure every word he uttered was just the result of an unfortunate admin error.

[brassnecked]

I’m sure every word he uttered was just the result of an unfortunate admin error.

 

This call they said was a courtesy call, and the number was withheld, and was diverted to my mobile, as i was expecting another call. The phone automatically records unlisted calls if I answer them. So i will extend the courtesy of being able to correct their admin errors if they phone rather than write.

Edited January 21, 2011 by brassnecked
clumsy fingers hitting wrong keys

[regan11]

When I used to get calls from these idiots I would let them get wound up and then halfway through I would say"Oh by the way I'm recording this call just so we both have a record of what's being said" I was'nt but it was great to listen to them backtrack or hang up.