Negligent Agency Asking for Recorded Conversation?

lordlever

Hi Folks,

I'm having a fued with my estate agency who have messed me about for many months now (not protecting my deposit).
I've issued a complaint about this to them and I stated that one conversation I had with an agent once was recorded (when the agent lied about something). I just did it as I was getting lied to all the time and I needed some kind of record of something.

Basically the agency have replied asking for a copy of the recording due to 'data protection and legal requirement reasons'.

Does anyone know why they are asking this? I dont know if they may be trying to use it against me, or if they can use it against me.

There was no other mention of anything else other than that.

Any help on this would be great.

donfanatico

lordlever wrote: »

Hi Folks,

I'm having a fued with my estate agency who have messed me about for many months now (not protecting my deposit).
I've issued a complaint about this to them and I stated that one conversation I had with an agent once was recorded (when the agent lied about something). I just did it as I was getting lied to all the time and I needed some kind of record of something.

Basically the agency have replied asking for a copy of the recording due to 'data protection and legal requirement reasons'.

Does anyone know why they are asking this? I dont know if they may be trying to use it against me, or if they can use it against me.

There was no other mention of anything else other than that.

Any help on this would be great.

ultimate responsibility lies with the LL, have you actually spoken to them?

BitterAndTwisted

"Data-Protection and legal requirement reasons" equals they want to know how someone lied to you. There is no data-protection issue here as you won't be sharing someone else's private information with them. Tell them to take a hike!

Although, if you try to use this recording in court it might be considered inadmissible as you didn't tell them at the time they were being recorded.

All of this is not to the point: the point is that the final responsibility to protect your deposit is the landlord's, so the party you should be asking the information of is not their agent. They could have passed your deposit to the landlord for him to protect.

princeofpounds

Don't worry too much. I don't think that the data protection act applies to you as an individual recording your own calls for your own household record keeping.

http://www.legislation.gov.uk/ukpga/1998/29/section/36

You can't share the call with a third party however (with some exceptions). Bit more info here:

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

I think the call may well be admissible if you go to court. If you plan to use it as evidence you would have to disclose it anyway.

http://www.ryanlaw.co.uk/new_page_2.htm

BUT as everyone else says, pursue the LL for non-protection, not the agent.

thequant

lordlever wrote: »

Hi Folks,

I'm having a fued with my estate agency who have messed me about for many months now (not protecting my deposit).
I've issued a complaint about this to them and I stated that one conversation I had with an agent once was recorded (when the agent lied about something). I just did it as I was getting lied to all the time and I needed some kind of record of something.

Basically the agency have replied asking for a copy of the recording due to 'data protection and legal requirement reasons'.

Does anyone know why they are asking this? I dont know if they may be trying to use it against me, or if they can use it against me.

There was no other mention of anything else other than that.

Any help on this would be great.

you are under no obligation to disclose anything unless you were pursuing legal action against them.


point out to them that you will happy to disclose said phonecall at the appropriate time when you take legal action.

Thrugelmir

If you want resolution of the matter. Sending a transcript of the recording may help you argue your case with the agency. They may consider that you are bluffing. As at the moment all they have is you word.

lordlever

Thank you everyone for your help.
I contacted the agency manager who said the request was just to know how I was lied to as it was denied by the agent who I spoke to. I'm still reluctant to play it to the manager though, as although it would prove I've been messed about I'd worry in case I'm doing anything illegal (showing a third party).
I will consult the landlord directly about the deposit.
Thanks again folks, its a great help

jjlandlord

I don't think that an employee using company phone/email has any expectation of privacy. In addition, here clearly the call was a business call made by the person in his capacity of employee.
As such, I don't think that disclosing the recording to the manager would breach anything or be deemed a disclosure to a 3rd party.

McBozo

agree with JJ - I think sending them a transcript is worth doing though also.

princeofpounds

as although it would prove I've been messed about I'd worry in case I'm doing anything illegal (showing a third party).

This is where my legal understanding runs out, but as the lying agent was acting on behalf of the letting agency at the time, and you are replaying it to the letting agency, then I don't think it counts as disclosing it to a third party. But I can't tell you for sure.

G_M

1) have you actually written to the landlord at the address provided "for the serving of notices" about the deposit?

2) what ar you trying to achieve here:

a) to get compensation? If your deposit was not registered within 30 days you can sue now for 3 times the deposit
b) to get the deposit registered? Write (though registering now won't help the LL with c!)
c) to protect yourself from being served a valid S21 Notice (eviction 1st step)? Keep quiet! If the depost was not registered in time, any S21 will be invalid. Only by returning it can the S21 be served validly.
d) to get your deposit returned to you? Yu could point out c) above & request it be returned

As for the recording, I agree Data Protection is irrelevant here, but also that it is likely to be inadmissable in court. It's you choice whether to make it available to the manager in order to prove his employee's lies.