Telephone recordings

Please could I have some clarification on if and how long a telephone conversation needs to be kept for.
We have a claim, now at Financial ombudsman stage and we need  recorded conversation as proof. It is conversation with  insurance broker and contains discussion of building materials we used on our home and completion of information form before finding a suitable insurance for us. 
I believe the recording should have been saved, but it hasn't. ...
Thanks

Comments

  • caprikid1
    caprikid1 Posts: 2,413 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I actually think its down to their internal data retention schedule.

    GDPR is concerned more about collecting too much data and retaining it for too long.
  • tacpot12
    tacpot12 Posts: 9,179 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Yes, it's down to their own retention policy.

    You can ask aspersions on their retention policy if they had a recording and didn't keep it for six years, as this is the time limit for civil claims, so most companies should be looking to keep records of interactions that might be invovled in a civil claim for that long.

    However, if you have a civil claim against a firm, the standart of proof is "on the balance of probabilities". So you only have to show that "on the balance of probabilities you told the firm about the construction materials used. Given that you were engaging with a broker, and your recollect is that you were asked about the construction and you told them, there is no reason why you would not disclose the materials used given that you wanted insurance and were aware that it would not be valid if you didn't declare the materials used correctly.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • born_again
    born_again Posts: 19,761 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Tulipd said:
    Please could I have some clarification on if and how long a telephone conversation needs to be kept for.
    We have a claim, now at Financial ombudsman stage and we need  recorded conversation as proof. It is conversation with  insurance broker and contains discussion of building materials we used on our home and completion of information form before finding a suitable insurance for us. 
    I believe the recording should have been saved, but it hasn't. ...
    Thanks

    Depends on how bit their storage is. 
    I know with ours, the more call's the less time they are store for.

    Did you not request a copy as part of your complaint with the broker to start with?
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 17,639 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Tulipd said:
    Please could I have some clarification on if and how long a telephone conversation needs to be kept for.
    We have a claim, now at Financial ombudsman stage and we need  recorded conversation as proof. It is conversation with  insurance broker and contains discussion of building materials we used on our home and completion of information form before finding a suitable insurance for us. 
    I believe the recording should have been saved, but it hasn't. ...
    Thanks

    You need to simply state what was discussed, the broker will be asked for copies of the call by the Ombudsman, if the broker cannot provide it then they'll be asked to provide whatever evidence does exist of what was discussed (file notes etc). Ultimately it comes down to the ombudsman to decide what most likely did occur in the absence of an actual recording of the call, generally they are slightly customer leaning in these matters. 

    Sounds like a form was subsequently completed after the conversation?  Was that by you or by them? Consideration needs to be given to any declarations on the form if you completed them and if you put any side notes on it etc that the info was based on their recommendation etc.
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