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Tampering with voice recording

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gettingolder_2
gettingolder_2 Posts: 19 Forumite
I am currently in dispute with my pension provider. They failed on several counts to provide adequate and clear information when my policy reached the final Benefit Date and I have subsequently transferred out based on incorrect information. My understanding of the terms were spelt out in a covering letter I sent and the transfer was conditional on my understanding being correct. They ignored this letter and went ahead anyway. They issued an apology but are now trying to justify why they went ahead.
My letter confirmed what I believe I was told in a telephone conversation. Having seen a transcript of the conversation, I asked for and have received a digital copy. I have examined this carefully and believe that the recording has been tampered with. There are 2 key places where the conversation does not follow on. In one case there is a click and a short silence. In the other there is a click followed by a cough and apology followed by another click.
I realise this is a serious accusation to make and I want to be on firm ground before raising it. Does anyone have experience of this before, or know who might be able to independently verify my amateur analysis?
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Comments

  • dunstonh
    dunstonh Posts: 119,764 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Have you considered that the clicks/quiet bit could be the person using mute so their cough isnt heard or some background noise being muted out?

    Is the cost of you paying an independent analyst worth whatever it is you are looking to get?

    Is this a personal pension (or similar) or an occupational pension?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • uk1
    uk1 Posts: 1,862 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    These systems should be tamper proof and unless you are clear and can100% replay in your mind verbatim what sentences were missing then I'd drop it.
  • GhIFA
    GhIFA Posts: 619 Forumite
    Would think it's very unlikely - and virtually impossible to prove. What are the actual circumstances - i.e what did they tell you, and what actually happened when you transferred?
    I am an IFA. Any comments made on this forum are provided for information only and should not be construed as advice. Should you need advice on a specific area then please consult a local IFA.
  • Thank you for all your responses.
    The sum in question is >£10,000. The phone call was to clarify whether the payment included or excluded a compensation payment from a previous complaint which was eventually upheld. The recording includes no reference to the word compensation and the apparent edited sections appear at the only 2 points in the conversation where this would have occurred.
    Can anyone recommend an independent analyst?
  • Arthurian
    Arthurian Posts: 829 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 16 April 2013 at 4:22PM
    You seem to be looking for expert witnesses such as
    http://www.audioforensicservices.com/audio_services.html#analysis
    but the cost of hiring a solicitor and expert witness would involve huge expense.

    Sorry I cannot offer any personal recommendation. The link given is just from googling. Hope you find someone with more experience than myself.
  • uk1
    uk1 Posts: 1,862 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thank you for all your responses.
    The sum in question is >£10,000. The phone call was to clarify whether the payment included or excluded a compensation payment from a previous complaint which was eventually upheld. The recording includes no reference to the word compensation and the apparent edited sections appear at the only 2 points in the conversation where this would have occurred.
    Can anyone recommend an independent analyst?

    Before you go to those lengths, it could be worth you contacting them and telling them that you have a very clear recollection of some key words in the conversation where the clicks now appear to be. I'd "suggest " that the machine skipped and that if you fail to reach a settlement then you will insist on the equipment and tape being examined and that you "hope" that nothing purposeful has taken place. Hopefully you will have contemporaneous notes made and dated.;)
  • gettingolder_2
    gettingolder_2 Posts: 19 Forumite
    edited 16 April 2013 at 6:22PM
    The company made several errors in the presentation of the information for exiting the fund (primarily because of the compensation payment), failed to point out the guarantees that applied if I left the fund invested and then made this mistake by ignoring my conditional exit instructions. They have sent me a cheque for £100 with an apology which I consider totally inadequate. In line with your comment I am tempted to write expressing my doubts about the accuracy of the recording and suggest that unless I can reach a satisfactory settlement I plan to send a full summary of all the mistakes and forward it together with the recording to the ombudsman to see what view he takes of the handling of this case.
  • uk1
    uk1 Posts: 1,862 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The exit letter you sent to them - was it sent recorded?

    If so - it sounds like the ignored your instructions and that seems to be the core of your claim. You didn't write for fun. Best not be diverted to side issues.
  • robmatic
    robmatic Posts: 1,217 Forumite
    Thank you for all your responses.
    The sum in question is >£10,000. The phone call was to clarify whether the payment included or excluded a compensation payment from a previous complaint which was eventually upheld. The recording includes no reference to the word compensation and the apparent edited sections appear at the only 2 points in the conversation where this would have occurred.
    Can anyone recommend an independent analyst?

    No offence but it is exceptionally unlikely that a pension provider will commit fraud at all, let alone in connection with a sum of £10000 which is fairly trifling as operational losses go.
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree with the above, that any fine for what you suggest would be do large as to make what you suppose unlikely due to the costs of losing in your case.

    I would write again, recorded delivery, and detail your questions about the transaction above, detailing any possible loss. As in your post 8.

    That is the best way forward for now.
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