Mortgage Broker Taping Phone Conversations

SJethwa

I was dealing with a mortgage broker who (to cut the story short) wasn't dealing with my enquiries or application to get an AIP for a buy-to-let quickly enough before I went on holiday, despite earlier promise to deal the matter quickly.

Despite several messages to check his availability to complete the application as originally planned he refused to reply and then eventually said to me to look for another broker claiming I wasn't acting 'professionally'.

Because I felt he let me down at last minute, when I spoke to him on the phone I let him know my displeasure by saying a couple of swear words from frustration. I regret saying them, but he was not being very tactful or reasonable.

The situation then took a twist. He messaged me later that he records his phone calls and has reported me to the police with a reference number.

My question is this: is he allowed to record phone calls and messages without declaring it explicitly? Either in writing or verbally?

I have checked his T&C document that I had signed and it does NOT mention recording of phone calls as part of doing business with him.

Looking forward to comments about the phone taping, whether this is legitimate or not.

Thanks

kingstreet

So you swore at someone on the phone and are now trying to weasel an outcome where the other party was in the wrong...?

Amazing.

If you didn't like the service you were receiving, voice your displeasure and take your business elsewhere.

LawAbiding

Just forget about it

Contact another broker.

SonOf

My question is this: is he allowed to record phone calls and messages without declaring it explicitly? Either in writing or verbally?

yes...... .

ACG

I have just had to look up if swearing at someone is a criminal offence, apparently the most you would get is a fine, but even that is unlikely unless it is a public place with a police officer present or you repeat it a few times (according to google).

I would be inclined to reply to the message with 2 words - the first beginning with F and the second O or the very least a laughing face.

If he cant take an irate call after letting someone down then he needs to buck his ideas up. When I worked for a bank on a call centre I had people swearing and threatening me daily, thats life. Although I grew up in pubs where it was fairly normal to hear people swearing at each other so maybe I am just immune to some extent.

Obviously you should not do it, but life goes on.

[Deleted User]

From: https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/

Is it illegal for businesses to record conversations?

Here is where the law gets stricter, as there are many laws in the UK to stop businesses from recording conversations. Under the Telecommunications Regulations 2000, companies can only record calls without telling you if the recording is used for monitoring or keeping a record of communications for:

establishing the existence of facts
ascertain compliance with regulatory or self-regulatory practices or procedures
to demonstrate the standards which are achieved or ought to be achieved by persons using the system in the course of their duties
in the interests of national security, or for preventing or detecting crime

Id say a mortgage broker recording their phone calls falls very squarely in to the top 3 examples so I dont see any reason why he shouldnt record calls. A complaint against you can wipe your reputation in this industry, best to come armed with facts that cant be disproven

SJethwa

Thanks for the replies everyone. Of course swearing is not a nice but under frustration of being let down at the last minute by not being communicated to, that's my only defence.

But under the new GDPR regulations is it not compulsory to state if phone calls will be recorded (for training or monitoring purposes) and then permission is sought and recorded.

This is not my field of knowledge.

I am annoyed that he resorted to going to the police over a relatively trivial matter, he now seems to me like the sort who knew what he was doing with this course of action.

Would it affect my credit score (which has no blemish).

LRmortgage

I doubt very much if he has actually been to the police.
He probably just doesn’t want your business, for whatever reason and is looking for a way to keep you away from him.
Personally, I’d just move on and find another broker.

SJethwa

Yes I agree 100% that I should go to another broker and lessons learnt.

He actually has gone to police and sent me a Kent Police reference number from where he is based. Luckily he was working on 'no fee' basis where he gets commission from the lenders only.

LRmortgage

I can’t imagine what he said to the police, “Officer, someone swore at me and now I’m upset”.
Although I believe you can now report crime online and get a reference number that way, I suspect that may be what he did.

SJethwa

So from the information and comments above looks like it is possible to tape phone conversations and if this mortgage guy is to be believed can be passed on to the police as evidence for swearing it at him from frustration.

Although hopefully our stretched police forces are too busy to investigate such nonsense reports.