Potential Breach of Contract

JSmithy45AD

Shevchenko01 said:

Good luck in court using that argument, they'll laugh you all the way back out.

Why?  Do you need to ask for permission to do something if they have already told you that it may be done?  Besides a) it isn't illegal to do, and b) there are arguments that, if one side is allowed to record then the other side may also record.  I wasn't asked, simply told that this is what they'd do so ... no choice.  But it's irrelevant as my recording came from them under a DP SAR.

And, believe me, many things have been allowed in court because the wording used was poorly chosen or ambiguous.

No choice? Of course you do, you can hang up. Who said it was illegal?

"Is it illegal to record a conversation in secret?

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

Things change if the matter is addressed with a claim for damages or if the recordings have been shared without the consent of the participants. Even worse, if the recording is sold to third parties or released in public without the consent of the participants then this could be considered a criminal offence."

"Can a private recording be submitted as evidence in court?

A private recording can be submitted as evidence, but with some conditions:

• A recording may be relied on in evidence if the court gives permission
• An application for permission should be made on form C2
• The recording should be made available to other parties before any hearing to consider its admissibility."

JSmithy45AD

Shevchenko01 said:

There is a lesson here BTW, never ever make what is a very expensive purchase/decision and then ask the guy selling it to you for confirmation of the finer details.

And as I have already pointed out here, I did - it's all in the recording - it confirms all I have claimed.

You did what? Take a salesman's word at face value without checking yourself beforehand? And your point is?

Shevchenko01

No choice? Of course you do, you can hang up. Who said it was illegal?

"Is it illegal to record a conversation in secret?

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

Things change if the matter is addressed with a claim for damages or if the recordings have been shared without the consent of the participants. Even worse, if the recording is sold to third parties or released in public without the consent of the participants then this could be considered a criminal offence."

"Can a private recording be submitted as evidence in court?

A private recording can be submitted as evidence, but with some conditions:

• A recording may be relied on in evidence if the court gives permission
• An application for permission should be made on form C2
• The recording should be made available to other parties before any hearing to consider its admissibility."

As I had to speak to them to initiate the complaint and request a call-back from a manager, there: no choice!  No choice means no viable alternative - yes, I could have "hung up" but the issue would never be even investigated.  Therefore, the choice was Hobson's choice.

Re any legality, your statement of 4 October at 7:52PM: "Good luck in court using that argument, they'll laugh you all the way back out."  is what I responded to.  Courts don't laugh you out at all, especially when something is legal.

But, as I have said (and I don't understand why you are so hung up about this), the recording came from them under a DPA SAR, so it is all irrelevant.

Shevchenko01

You did what? Take a salesman's word at face value without checking yourself beforehand? And your point is?

What salesman?  They are called (by their own organisation) "advisers".  You know, people who are supposed to advise.  And advisers (especially those within a regulated industry) must give the best advice possible and not mislead customers.  Giving advice on a subject that they are not qualified is considered to be misadvising.  It is reasonable for a customer to relay on the advice given.  Finally, the advice forms part of the contract between the organisation and the customer.

Jenni_D

In respect of alternative 5G MiFi routers ... are there any cheaper versions available that could be powered from an external battery pack for the occasions where you need to be mobile? (Just thinking outside the box to try to help you find a position that both parties may accept).  

Shevchenko01

Jenni_D said:

In respect of alternative 5G MiFi routers ... are there any cheaper versions available that could be powered from an external battery pack for the occasions where you need to be mobile? (Just thinking outside the box to try to help you find a position that both parties may accept).  

Thanks for the suggestion.  There are some, however my telecoms' supplier won't even cover these (cheaper) device costs.  This is why I think I will eventually have to go down the rout of a complaint to Ofcom and later sue for breach of contract.

cx6

of course the battery is getting hotter - you are using the phone as a hotspot...

but seriously, i use my s21 as a hotspot all day (i don't have a landline) and yes the battery gets hot but why is this a problem? 

i leave the phone plugged in charging as hotspot can drain the battery. but it works perfectly.

Jenni_D

cx6 said:

i leave the phone plugged in charging as hotspot can drain the battery. but it works perfectly.

That's also something that puzzled me ... why does the OP need to rely on only battery power when visiting clients? Regardless of whether it is a phone or a MiFi device, an AC power point is almost surely going to be available for use to power the device, isn't it?

Shevchenko01

cx6 said:

of course the battery is getting hotter - you are using the phone as a hotspot...

but seriously, i use my s21 as a hotspot all day (i don't have a landline) and yes the battery gets hot but why is this a problem? 

i leave the phone plugged in charging as hotspot can drain the battery. but it works perfectly.

But I have noticed that the battery life has started to diminish - whereas it would last a couple of days (even as a hotspot) at  the start, now it is less than a day.  And since buying it, all the advice has been "Don't do this!".

Shevchenko01

Jenni_D said:

cx6 said:

i leave the phone plugged in charging as hotspot can drain the battery. but it works perfectly.

That's also something that puzzled me ... why does the OP need to rely on only battery power when visiting clients? Regardless of whether it is a phone or a MiFi device, an AC power point is almost surely going to be available for use to power the device, isn't it?

If it's battery powered, it will also have the option to plug it in (usually via USB).  Therefore, if I am at a client and there is no option to use mains, or I need access to data elsewhere, perhaps on lunch, while shopping, you know, the normal day-to-day activities, ain internally powered MiFi device will do that.  You might ask, why not just use my phone for these small bits of data?  Because unless I leave my provider completely (cancel the contract), and we resolve this, they will migrate all my unlimited data off my phone and onto a Data SIM ... so all the data will be on that other SIM and none on my phone.