I would be grateful for the forums advice on my unusual situation. I am currently in dispute with an 'after-market'car warranty company about the repair of my broken autogearbox.
They have really 'dragged their feet' throughout the claim process, and hardly ever returned my calls. When I was complaining to one of their 'claim operators' about my frustration of never having my calls returned, he questioned my memory of how many times I had phoned. I informed him I had made a note of every call in a log. "Don't worry sir, so do we, every call is recorded" "really" I replied "I've never been told that" "oh yes sir, in accordance with 'insurance industry guidlines' every call is recorded to computer". I questioned the legality of this and ended the conversation.
At no time, in any call, was I informed my call was being recorded for the usual 'training purposes' etc. I would like to learn;
a) if they have recorded my calls without telling me, have they broken any law? Am I entitled to any transcripts of those calls?
b) If they havn't, and were just trying to fob me off, how do I make a complaint about such an attitude?
I havnt named the company in order to keep ethical, and the dispute is still ongoing. However if anyone contacts me directly I will happily share with you the identity of one warranty company you should steer well clear of!
Thanks in anticipation....David Kirkham
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www.retellrecorders.co.uk/legal/lawfulbus.htm
im pretty sure you are entitled to a copy of recording under the data protection act although you have to make a correctly worded request to the right person in their organisation
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They do have to tell you by law that they are recording your conversation. Not quite sure which law it would be however with a garage.
Only this week had to ring my banks head office three times in the day. When the person whom I wanted to speak started going through the long litany of recording your call for training etc on the secong call I stopped him and said you told me all this earlier Neil. 'Yes Sir I know, but I'm obliged to do so by the Financial services act (or something similar) to do so'.
On the third call he had to laugh before he began his lines.
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They don't have to tell you that they are recording you if it is for internal purposes. You don't have to tell them if the same applies.
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From memory it falls under the wireless and telegraphy act 1929 and ther is an obligation to inform the other party if the conversation is being recorded.
I could be out of date with this but I don't think so!
Legal eagles?
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David,
The following thread *might* be of interest:-
www.honestjohn.co.uk/forum/post/index.htm?t=28928
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"I informed him I had made a note of every call in a log. "Don't worry sir, so do we, every call is recorded" "really" I replied "I've never been told that" "oh yes sir, in accordance with 'insurance industry guidlines' every call is recorded to computer". I questioned the legality of this and ended the conversation."
Are you sure that he didn't mean that he had "made a note of every call to computer"? He does say "so do we" and may be using the term "recorded" as in "kept a record of". Otherwise I am sure that they have to tell you that it is being "recorded" as in able to be played back (Hope you get my drift!!)
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we`re given this info on the tube.
you must put in a written request(fax or e-mail ok,even the back of a fag packet)
the request must be delt with within 20 days.
you do not have to say why you want the info or mention the act.
this is for a public authoritie but i think it works in civi land to.
ray
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I registered for the Government's fixed monthly energy payments scheme recently and, during the conversation, was informed that I was agreeing to a legally binding contract.
I asked the call centre operative if there was anything else of which I should be informed and got a vague response. At this point I pointed out that I had a 10-day "cooling off" period if necessary and requested to speak to the manager.
The manager agreed I had not been given proper information, that he would listen to the recording of the conversation at my request and added that the person involved would be "released" if at fault.
I said I would not wish anyone to be "released", only to have the error of their ways pointed out; he again agreed to this request and that he would contact me again if he felt it was necessary. Not heard any more.
So recordings can prove useful for both parties.
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What\'s for you won\'t pass you by
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dear david k
about a year ago, everytime i rang a company to complain i told them i would be recording this call for my own records.try it you'll be amazed how helpful they can be.
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If I recall correctly, it is legal to record telephone conversations as long as one of the two parties to the conversation is aware that it is being recorded. In other words it is legal as long as it not done by a third party and unknown to the two people actually making the call.
I hope that makes sense!
A few years ago I ran a company in the service business and we routinely recorded calls. Why not? It's the truth that you are after, it saved many a dispute where the customer claimed not to have been told something (or vice-versa).
I don't see any problem, as long as you have access to the tape -unedited.
Don drbe
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