2 general questions/comments

[Guest louis wu]

Hi

 

On Nickr's "strange responce......" thread, the subject of recording telephone conversations arose.

 

This is apparently a fairly simple task and BARRACAD explains it in Nicks thread.

 

The following questions present themselves.

 

1. Do you have to tell the person you are speaking to that you are recording (for self use obviously not, but for use in court???)

 

2. Can this taped conversation be used in court, or is it just to shake up the company you are talking to?

 

3. Do you have to tell every different person you speak to, ie when transfered on?

 

4. Can the company claim the words of its employee are "wrong/incorrect" and claim the do not represent the views of the company, or, are they bound by what the employee said?

 

I'm sure more will come to me, but that's enough for now.

 

Next

 

The issue of having your account "closed" by Abbey is a fairly reaccuring theme. It appears that in the T&C's the account can be closed down for a breakdown in relations between Abbey and customer.

 

The question is, is it worth telling Abbey that apart from these excessive charges that everything else in the garden is rosie, and this is a totally seperate issue from the usual day to day banking issues?

 

If it was only on the part of Abbey that things have reportedly "broken down", could this be used as an additional point of leverage, or is this just clouding the issue.

 

Thoughts on any of these point would be appreciated.

[andrew1]

Hi

 

 

The question is, is it worth telling Abbey that apart from these excessive charges that everything else in the garden is rosie, and this is a totally seperate issue from the usual day to day banking issues?

 

 

Good point

[NeilP]

If you wish to use the recording of the conversation in court (not that it will get that far) then you MUST inform each person you speak to that you are recording the conversation. If you fail to do this then the evidence is inadmissable in court.

 

With regards the closure of your account, although it has happened, it's not happening to everyone, and if you prempt this topic you may do more harm than good. Having said that are you hoping to stay with Abbey, or have you a parachute account open and therefore not really bothered?

 

Good Luck and keep us posted.

 

Neil.

[dinghy]

NeilP - I'm not sure that that is correct... I think that because you are a consumer and not a business I think that they are allowed... If I get a chance I'll see if I can dig something out to substantiate it...

[dinghy]

You could of course if nothing else argue it on the basis of reciprocity in the contract...

[Guest louis wu]

The point is, my credit score is lower than a snakes belly, finding it tough to get another account.

 

Have got an alternative, although its not ideal.

 

I have no love for the Abbey, but at least at the moment I do have full banking options (debit card, o/d cheque book, etc).

[barracad]

1. Do you have to tell the person you are speaking to that you are recording (for self use obviously not, but for use in court???)

 

2. Can this taped conversation be used in court, or is it just to shake up the company you are talking to?

 

3. Do you have to tell every different person you speak to, ie when transfered on?

 

4. Can the company claim the words of its employee are "wrong/incorrect" and claim the do not represent the views of the company, or, are they bound by what the employee said?

 

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.