Use of Phone Call Recordings with Ombudsman

nikalm

Hi there,

This forum has always been a godsend to me   but I've been unable to find an answer to this specific question so far, hoping you can help!

Between Aug-Nov 2018 I recorded phone calls with my letting agent (a large london based group) because I was getting concerned that I might have to take them to court. The issue dragged out and left me exhausted but I finally got round to following their complaint process and I'm now at the stage where I submit evidence to TPOS (the ombudsman they are signed up to).

The problem is I don't know whether I need to ask for consent from the Letting Agent to submit the recordings to the TPOS. My understanding is that I am allowed to record calls, but not allowed to share them third parties without express consent from those being recorded, though there seem to be exceptions and I'm hoping this is one of them

Thoughts?

theartfullodger

Supply a transcript of who said what.

When the other party refutes your honesty, ask if they'd like to hear a recording (which you only made as your memory is a bit uncertain)

davidmcn

I don't know chapter and verse off hand, but think it safer to provide transcripts of the relevant bits and make it clear that you have the recordings available. Worry about it if and when they challenge that (though would seem unlikely).

wesleyad

As the others have said you provide the transcript. What happens next one of 3 things, all of which are in your favour (assuming the recordings are as damaging to the LA as you believe)
1 The LA agrees that is what's been said and there's no need for the recording. You win.
2 LA disagree with whats been said. You state you have recordings. LA agrees to recordings being heard. You win
3 LA disagree with whats been said. You state you have recordings. LA doesn't agree to recording being heard. Ombudsman therefore assumes the recordings are damaging (else why would they deny their use) and believes transcript. You win.

Thrugelmir

nikalm said:

Between Aug-Nov 2018 I recorded phone calls with my letting agent (a large london based group) because I was getting concerned that I might have to take them to court.

Did you set the Agent up? 

princeofpounds

Transcript makes sense. But more broadly the use of covert recordings is admissible evidence in civil proceedings, but there is a big BUT attached.

A court has a power to rule the evidence inadmissible if they have concerns over how it was obtained. They can also change how damages and court costs are allocated if they aren't happy. It seems to be rather complex and case-dependent, but they tend to really not like it when the evidence is gained through false pretences e.g. pretending to be a market researcher, bugging other parties when they were alone and had a reasonable expectation of privacy, recording hours and hours of irrelevant material for one slip etc.

I don't know if the ombudsman follows civil proceedings rules but it's probably similar.