Revenge on a UK cold caller

spiro

Hammyman wrote: »

Sorry, doesn't happen as it is completely illegal under employment law.

Gross misconduct = instant dismal, no verbal warnings, no written warnings, no final warnings, just the sack.

crazyguy

They can indeed try and take me to court over recording calls, I dont mind at all as theres is a littles issue I can counter claim against called Data Protection and there are between 3-5 parts breached in all.

macman

spiro wrote: »

Gross misconduct = instant dismal, no verbal warnings, no written warnings, no final warnings, just the sack.

True, but no employer with any sense ever dismisses on that basis-the norm is suspension (on full pay). If you actually caught someone with their hand in the till, then maybe.
But in these circumstances it would have requiredan investigation, which can hardly have happened in the timescale given.

david39

If this story is true (which I very much doubt) then the OP has fallen into the usual trap.

The people who are ringing you are trying to get as much info from you to either scam you in some way, sell you some worthless service or, at worst, sell your details on to other scamming firms for a profit.

Whereas before they just had a telephone number and a possible name from a file they've been sold, they now have a CONFIRMED name AND your address - and you probably gave them other clues to your identity and status while you were mouthing off at them.

Not the wisest of actions, I fear - and I don't think for one moment you'll see a cheque - they love passing you on to a supervisor who acts all friendly to you, because then you willingly give him all of the info they were looking for in the first place

I'm surprised that you didn't give them your bank account details so that they could pay the money directly into your account!

macman

And often the 'supervisor' or 'director' is nothing of the sort-just another telesales person.

crazyguy

A simple who is check, website domain and Company's check reveals all this information for free !

robt_2

Mistral001 wrote: »

Thanks for the link. .

It says that you can record the call if it is for your own use and when you do not make it available to a third person. It also says that if you are in doubt you should seek legal advice.

It doesn't say that. It says a 3rd party.

The call is between an individual (the person who started the thread), and the company - there is no 3rd party there.

Hammyman

spiro wrote: »

Gross misconduct = instant dismal, no verbal warnings, no written warnings, no final warnings, just the sack.

Depends on what is in the contract but Gross Misconduct is usually confined to theft and violence.

I know that the "we've sacked him" is a common thing they tell moron car drivers when they complain to a haulage company and the complaint gets filed in the bin.

Mistral001

robt wrote: »

It doesn't say that. It says a 3rd party.

The call is between an individual (the person who started the thread), and the company - there is no 3rd party there.

Yes it does say third party. Person was my inperpretation, based on the fact that only a person can talk on a call or listen to a call or a recording. But can you talk to a company? Can a Company listen to a recording? A company is not a person. It is a legal entity without ears or a mouth.

Maybe one for the lawyers. Seeking legal advice is mentioned several times in the link afterall. There might not have even been a test case on this one, meaning that the precise interpretation of the law on this matter has not been established.

Mistral001

I must say, i am behind the times. I was always told that making a recording of a conversation without the person's permission, was illegal. TV companies get away with it because they can play the "public interest card". that was what I thought was the end of it.

Now I see that it is sometimes legal. I just looked up Wikipedia and they have quite good information on it as well as the link to ofcom that robt gave.

I also see that mobile phone companies provide facilities to record on their phones. I suppose it is inevidatle as it would only take a tweak to the software to provide it.

However, the statement that it is not illegal has to be qualified very carefully. It is not illegal under some circumstances. I have looked up several links and see that the legal situation is changing all the time. The Wikipedia site mostly relates to firms recording telephone conversations and how it relates to customers and their employees. They probably have the legal resourses to do it precisely within the law.

I hope the OP does not have any problems with this firm. I have been insensed by these cold callers myself on many ocassions. Even used to have my own "please hold your call is important to us......" just for cold callers and just left down the phone and let it running. That was many years ago when cold calling was not so sophisticated or devious.