Recording of telephone conversation with permission

cx6

If I were the company and I did indeed have a recording that proved my side of the argument then the first thing I would do was to give you a copy to save everyone hassle. 

If they are indeed in the right and want to pursue it then this is what will happen:

1. you will get a letter before action and a chance to pay

2. they will issue a small claims summons. Both you and the claimant will be given a chance to put your side to the judge who will make a decision. Some costs may be awarded but not much.

3. if you lose you will be given time to pay.

4. if you don't pay then the claimant can instruct 'debt collectors' (bailiffs) to get the money from you

Any other 'debt collector' before this process can be ignored.

Jenni_D

If they recorded calls, and didn't make the other party aware that they were recording, then they cannot share that recording with ANYONE or use it in any way. (Only a judge can authorise the use of recordings obtained without consent). I'm not 100% but I think it is a combination of RIPA and GDPR which governs this. (Random search result below).

https://www.ereceptionist.co.uk/blog/legal-to-record-phone-calls-uk

Is it legal to record phone calls in the UK? 

Yes, it is legal to record phone calls in the UK, but there are some restrictions.

Under the Regulation of Investigatory Powers Act 2000 (RIPA) it is legal for individuals to tape conversations, provided the recording is for their own use.

However, legislation states that sharing information without consent to a third party is a breach of this law, so the GDPR was created as a guide on the safe sharing of data.

To sum up: it’s not illegal to record a call or even collect data. It is illegal, however, to publicise or share such data with third parties without consent.

melb

his version of events is that we agreed to either 3 or 4 hours labour plus parts.  Who in their right mind would do that?  yes it is time to ask for a copy of the recording - although how they would be able to send it is another matter.  I disagree about whether the recording is justified to 'establish the existence of facts'.  i would have thought this would be more about asking questions and receiving answers - how is someone saying they don't know how long a job will take or what materials they may need to use classed as facts?
They are going to issue another invoice incurring a late payment fee of £35 plus 7% on top.  How is this legal when the Gov.uk site says that a late payment is after 30 days?

Jenni_D

They can't bill a consumer for late payment charges - only a court can authorise those. The legislation allowing late payment charges (Late Payment of Commercial Debts (Interest) Act 1998) only applies for B2B transactions. Section 2(1) makes this perfectly clear.

emmajones1976

So you havent even asked for the recording yet? Christ alive.

Sandtree

Jenni_D said:

If they recorded calls, and didn't make the other party aware that they were recording, then they cannot share that recording with ANYONE or use it in any way. (Only a judge can authorise the use of recordings obtained without consent). I'm not 100% but I think it is a combination of RIPA and GDPR which governs this. (Random search result below).

https://www.ereceptionist.co.uk/blog/legal-to-record-phone-calls-uk

Is it legal to record phone calls in the UK? 

Yes, it is legal to record phone calls in the UK, but there are some restrictions.

Under the Regulation of Investigatory Powers Act 2000 (RIPA) it is legal for individuals to tape conversations, provided the recording is for their own use.

However, legislation states that sharing information without consent to a third party is a breach of this law, so the GDPR was created as a guide on the safe sharing of data.

To sum up: it’s not illegal to record a call or even collect data. It is illegal, however, to publicise or share such data with third parties without consent.

I'm not sure how reliable "ereceptionist.co.uk" is or how much legal advise they get before posting articles?

RIPA seems to have mainly been replaced when you look at it in current state such as Regulation of Investigatory Powers Act 2000 (legislation.gov.uk) 

RIPA and the replacing Investigatory Powers Act really doesnt seem applicable here as clearly this is talking about external third parties listening into calls (eg the police). Plus if you look at Investigatory Powers Act 2016 (legislation.gov.uk) then consent is only required by the sender OR receiver not both and so the lack of OP's consent would be irrelevant under the legislation. 

Ergates

melb said:

his version of events is that we agreed to either 3 or 4 hours labour plus parts.  Who in their right mind would do that?  yes it is time to ask for a copy of the recording - although how they would be able to send it is another matter.  I disagree about whether the recording is justified to 'establish the existence of facts'.  i would have thought this would be more about asking questions and receiving answers - how is someone saying they don't know how long a job will take or what materials they may need to use classed as facts?
They are going to issue another invoice incurring a late payment fee of £35 plus 7% on top.  How is this legal when the Gov.uk site says that a late payment is after 30 days?

The recording will be a computer file.  They can email it to you, or they can burn it onto a CD, or put it on a cheap memory stick and post it to you. 

"how is someone saying they don't know how long a job will take or what materials they may need to use classed as facts?"  Because what they said on the call is the "fact" in question.  In this context "Establish the existence of facts" means "determine what was actually said on the call, not what people *think* was said on the call".   This is not contentious, you will get nowhere picking at this thread.

anotheruser

Wonder if you can submit a Subject Data Request - he will have to supply you with all the information he has about you.
No phone call = no phone call.  If he does not submit that to you, wouldn't that land him in hot water?

GrumpyDil

Possibly helpful to read the other half of this story https://forums.moneysavingexpert.com/discussion/6328367/overcharged-by-electrician#latest

Ergates

anotheruser said:

Wonder if you can submit a Subject Data Request - he will have to supply you with all the information he has about you.
No phone call = no phone call.  If he does not submit that to you, wouldn't that land him in hot water?

You can and they will - however it makes sense to just ask first as that will be simpler.