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recorded my phone call

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Hi All

I'm after some information on my friends rights, whether she can uses the following.

She has a app on her phone which records her phone call conversations. (she has had some issues in the past with he said she said).

SHE DID NOT INFORMER THE CUSTOMER SERVICE AGENT THAT SHE WAS RECORDING THE CALL.

She booked a flight through a travel agent over the phone. Found a very good deal she though so.

She ask for a e-mail of the itinerary just to confirm everything was correct.
The agent replied that his computer was having issues all morning and he was unable to use his e-mail facility.

Instead she proceeded to confirm everything over the phone very slowly and clearly.

2 passengers departing the same date, returning different dates and different airports.

She made him repeat everything to her, i.e dates, times, passengers full names, with correct spelling, airports.

After being satisfied he had everything correct she went ahead and paid using her DD card.

she did not receive her conformation e-mail for 5 days. She chase them up several times and finally receive it.

When she received her conformation there are the following mistakes:

passengers 1 return date is not correct
passenger 2 name is not correct.
an extra charge for admin fee has been added for £21 pp.

There following happened next.

She called up that same agent, explained to him that he made a mistake even after confirming all the information with him.

He denied everything, saying that it was her mistake and she would have to pay a total of £350 more to correct everything.

They are going back and fort here, she cant get no ware with this agent, so she ask to speak to the manager. The whole conversation takes a turn for the worst here.

The agent gets very aggressive here. SHE CALLS HIM A LIAR, He hangs up on me her.

After cooling down and several attempts She finally get hold of the manager.

Straight off the manager gets very aggressive, does not want to hear anything she have to say. He doesn't appreciate her calling his agent a lair. It was her responsibly to check the itinerary before booking.

She try to explain her case (NEVER TELLING HIM THAT SHE RECORDED THE WHOLE CONVERSATION as he was super rude)

At this point she figured out no matter what she said she was getting no ware.
The manager goes on to say that there computers have had no problems for months. She specifically get him to confirm that there was no problem with that agents computer on that day and he was working on his own computer.

She then polity ask them there complaints procedure and how to escalate the situation.

He replies
"i don't give a s**t"

and hangs up.

(I listen to the original booking conversation that she recorded. Everything is clear, all there information is correct, She had the agent repeat everything back to her, and everything is correct, he had all the right information the first time)

Apologies for the long winded post.

The main question is can she use this recorded against them. I cannot seem to find a clear answer. Is it legal if she didn't inform them that she was recording the whole conversations.

Whats should she do?

Thanks
«1

Comments

  • tasticz
    tasticz Posts: 774 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Hi,


    UK law doesn't ban call recording, but there are some rules attached to the practice. The basic one, as outlined by Oftel (the independent regulator for UK communications), is that you must attain the consent of the person you're talking to if you intend to broadcast the recorded call to a third party.

    But in this case it was recorded without intend to broadcast but what the seller is doing is wrong and you have evidence to support it.

    Do you have legal cover on your home insurance? I am sure they will help you out if you don't then someone should be here soon.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    mazcaz wrote: »
    He hangs up on me her.
    When you, I mean she ;) made any of the calls to the TA, was there any recorded notice that calls may be recorded (e.g. for training purposes)? If yes then consent is mutual - it doesn't say WHO may record it. But by continuing with the call BOTH parties are agreeing to the call being recorded. ;)
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    The relevant law here is the Regulation of Investigatory Powers Act 2000 (RIPA). In the introductory part it defines interception as being:
    For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he—(a)so modifies or interferes with the system, or its operation,(b)so monitors transmissions made by means of the system, or(c)so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.

    Now the bit that I think is important here is
    make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.

    It seems to me that if your friend did not make the recording available to a third party until after the conversation ended (the transmission ceased), and your friend was the intended recipient of the conversation while it was being recorded, then it shouldn't fall under the definition of interception.

    Now I'm not a legal expert so don't take my word for it, but the definition seems quite clear on this point to me.
  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's your own 'personal information'...and you're allowed to record that.
  • It's not recording a call that's the issue but what you do with it.
    You can record but you can't allow a third person to listen to the recording.
    http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm
    Can I record telephone conversations on my home phone?
    Yes.

    The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Of course there's absolutely nothing to stop you (her) from writing a verbatim transcript of the call(s). ;)
  • keyser666
    keyser666 Posts: 2,140 Forumite
    I would be looking at getting the money back via her card and looking elsewhere to be honest now. I would not want to deal with a company like that. I would get the money refunded and let them take the fall for the booking it incorrectly.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Frankly from that Ofcom link, she's entirely free to send a copy of the recording for attention of the sales rep who is free to share it in his/her office or not. Then tell that person's manager that you have done so, and are waiting to see if the sales assistant changes their version of events once they listen to it.
  • ritesh
    ritesh Posts: 394 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    name and shame
    "I think I spent 72.75% of my life last year in the office. I need a new job!!"
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    paddyrg wrote: »
    Frankly from that Ofcom link, she's entirely free to send a copy of the recording for attention of the sales rep who is free to share it in his/her office or not.


    I was thinking that myself.
    If the sales rep is aware of the recorcing then they may just find a way to make the changes without a fee needing paying.

    As the amount in question is a considerable sum (£350), legal action is also a possibility and whilst the recording might not be able to be used without the permission of the sales rep, there is nothing to say that the judge (or whoever it is presides over small claims) won't be willing to allow its use.

    Even if it's not used in court, the very fact that the OP states it exists and that the rep won't allow it to be listened to may be enough to influence the decision.
    After all, it's not a criminal court and all that is needed is for someone to decide that on the balance of probabilities the OP is telling the truth.
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