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Can I record a phone conversation?


WhiteTruckMan

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I'm having trouble with a neighboring council (Burnley Borough Council) using baliffs to pursue a council tax debt of somebody with a similar name to me. The other person has an address in burnley, but the council has somehow found my address, stuck the other persons name on it, then passed it on to debt recovery agents i.e. baliffs to pursue. I've contacted the baliffs by phone, and in a recorded conversation which they agreed to, have notified them that this person does not and never has lived here, and that any further letters will be returned with a bill for £25 handling. They informend me that my address was provided by BBC.

Now here's where it gets interesting. I've contacted BBC debt recovery department by phone, and the first thing that you hear is a recorded message that calls my be recorded for monitoring and training purposes. However when I get through to an operator and I inform them that I am recording the call as well, they refuse to discuss anything. So do I have to disclose the fact that I am recording a call, as anything said may be a basis for a formal complaint?

WTM

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WhiteTruckMan

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Is the very existance of a recording confidential?

I'm wondering if you can say in open court 'I have a recording of X telling me abc and if X disputes this then let him give me permission to air this recording'

WTM

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namtas

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Is not all of this a confusing by product which is enshrined as part of the legal restriction brought in to prevent phone tapping where it is actually I believe illegal for anyone to record both parties in a telephone conversation.

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spuds

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Reading the comments being made, it would appear that a problem might occur, if the third party is actions of a legal proceeding.

I have known cases of a person recording 'nuisance' calls, and the recordings were supplied to a police officer, and action was duly taken on the evidence of the recordings.

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Flak999

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Forum Editor

"It's a very tricky area of law."

It certainly seems to be!

You say "The defence argument, and it's a good one, is that if a person knew that the conversation was being recorded the content of it would have been significantly different." That seems obvious, nobody knowingly is going to incriminate themselves, but by making a secret recording in which they do incriminate themselves they surely have condemned themselves from their own mouths. The proof is self evident!

I don't understand why that is considered "cheating" and the person who made the recording has not profited from it as such, they have merely exposed the truth of the situation. As with so many of these instances with the police and retired Generals who tried to peddle their influence, without these recordings it would be just here-say.

It seems to me to be very strange then, that this practice is frowned upon.

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Graham*

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I can record a call by pressing a button on my phone. I can then tell them they are being recorded, and that is the beep they can hear.

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WhiteTruckMan

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Graham

What kind of phone is that? Smartphone?

WTM

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