How to prove that I have received a phone message?

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    How to prove that I have received a phone message?

    Hopefully a quickie.

    I have received a message from T on my mobile phone answering service.

    How do I prove in future that I have received such a message and what the content was? The need is potentially to counter any future claim that the message was not left.

    My plan is:

    a) To record content (play back to microphone connected to 'puter) for voice recognition.
    b) Play back to third party witness who will sign transcript, and make a "statement of truth" if that becomes necessary.

    Is that sufficient, and does (e.g.,) my LA not count as sufficiently independent?

    Thanks for any replies. I'm dotting i's and crossing t's on this one.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

    #2
    Write a letter to the tenant acknowledging the message left, with date and time etc, then make a recording to your laptop if you can, including the date and time as it states from the answering service, and click the message envelope option at the end so the number plays.

    Failing this if you take it to any phone shop I'm sure they will be able to make a recording for you.

    Comment


      #3
      If it's that important, then get a solicitor to be the witness to the transcript (and the number the call was made from), but I seriously doubt you could DIY voice recognition - you'd need an expert witness, I reckon.

      Originally posted by Springfields View Post
      Write a letter to the tenant acknowledging the message left, with date and time etc,
      Yes, and contents of the message.

      Comment


        #4
        Thanks, Westminster.

        The message is clear and intelligible.

        One issue is that I don't know if it is *that* important, as everything is grey area and this may just be shadow boxing as ever.

        This is the first potentially really nasty one of these I have had to deal with. Before I've had someone doing a runner while telling utilities they left earlier than they did so utils come after me for the interim, Water Meters installed secretly, unpaid rent etc - just the usuals that happen from time to time.

        My thought was to turn up to Court, if it comes to that (doubtless 90% probability that it won't), with a witnessed transcript - which can have been turned into a Statutory Declaration if necessary - and a supporting recording on an iPod.

        ML
        Refer Mad Regulators to Arkell vs Pressdram.

        Comment


          #5
          Does the tenant identify him/herself or the address clearly in the message.

          i.e. if your tenant is a male, does he say something like:
          "Hi, its David Thompson (for example. Its better if their name in unusual or rare) from (address)?

          If he says, "Hi, its Dave from the flat here...", I think this would be less useful, without something else in the message that clearly identifies him (or her) or that they are your tenant at x property at this time (do you have more than 1 rental property?)

          If the message clearly identifies the tenant, unless a lawyer advises you not to, I would not inform the tenant that you have retained the voicemail message.

          Comment


            #6
            I know from a Police point of view they can not listen to voicemail messages as it is deemed to be a type of tapping the phone. However text messages come under different legislation and can be used as evidence in court

            Comment


              #7
              Voicemail messages or recorded phone conversations can be used as evidence in court if the Judge allows it.

              Comment


                #8
                The topic was recently mentioned.
                The Law prohibits disclosure of recorder phone conversations without consent of all parties, although a Judge may accept it as evidence. Therefore, I must say I am rather unclear as to the 'safety' of releasing tapes in court.

                Comment


                  #9
                  Surely by leaving a voicemail he's consented to tyhe recording?

                  Is there not an APP available on your 'phone to record voicemails?
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    You can record telephone messages even without the other parties consent/knowledge. The actual legislation states that one of the parties must know - and that is to prevent the phone being 'bugged' by MI6 or the "News of the World".

                    Comment


                      #11
                      Making your own copy of the message may be iinsufficient as evidence as any audio file can be 'manipulated'

                      2 poss options before your service deletes the voicemail
                      1 take your phone to a solicitor so s/he can see the call log, access the original message and provide a certified transcript or copy, or
                      2 ask your mobile provider to provide a true copy of the log & message for possible use in legal proceedings.
                      Either option may incur a fee

                      There should be no prob re caller consent as they should be aware they were leaving a recorded, stored message.

                      If it were a message left on a landline digital answer machine, I would suggest any copy or transcript should be supported by the original message/machine pref with an automatic date / time stamp so do not delete it.

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        Surely by leaving a voicemail he's consented to tyhe recording?
                        Originally posted by Snorkerz View Post
                        You can record telephone messages even without the other parties consent/knowledge.
                        Yes you can record the telephone conversation without the other party's consent. And a voice mail is obviously a recording with the other party's consent.
                        What I pointed out is (to my knowledge) the prohibition to disclose such recording to a third party without consent.

                        Comment


                          #13
                          OFCOM FAQ on..
                          Recording and monitoring telephone calls or e-mails

                          A general overview of interception, recording and monitoring of communications
                          http://www.ofcom.org.uk/static/archi...qs/prvfaq3.htm

                          (Dunno if they are right mind..)

                          'cors, I only ever record calls for "Training purposes"..
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            Thanks for that link Artful. It basically states what I had read somewhere, namely:

                            Can I record telephone conversations on my home phone?

                            Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.

                            Do I have to let people know that I intend to record their telephone conversations with me?

                            No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.
                            Bottom line being: Probably best to get legal advice before disclosing any recording.

                            Comment

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