Using recorded phone calls as evidence in deposit dispute?

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    Using recorded phone calls as evidence in deposit dispute?

    I am taking our landlord/letting agent acting for them to the online dispute resolution service due to a large and unreasonable withholding of the deposit. They have been rubbish with communications all year, and after moving out were saying contradictory and incorrect things so we recorded some conversations to show this. Is it acceptable and legal to submit them as evidence?

    Thanks

    #2
    If you intend using taped evidence in court, you will need to transcribe it accurately and have the tape on hand for the hearing. I have used taped evidence successfully to sue a crooked car dealer.

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      #3
      The other partyshould have been made aware that the conversation may be recorded. Original recording should be submitted, not a copy IMO

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        #4
        Legal - yes. Acceptable - yes.

        pm
        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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          #5
          Essential that the fact the conversation is being recorded is on the tape!!!

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            #6
            Originally posted by mariner View Post
            The other partyshould have been made aware that the conversation may be recorded. Original recording should be submitted, not a copy IMO
            A common misconception and not necessary - it is perfectly permissable to record a call as long as one party in the conversation knows its being recorded (in this case you)

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              #7
              Can I send the audio files off my phone over to the adjudicator? It's not court but the online deposit dispute service where we send them photos, emails etc.

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                #8
                Sorry to bump but I am submitting emails and my account today to the online dispute resolution and want to know if uploading audio files is fine before we finish later? I don't want to harm our case by doing so, though I think the audio is quite revealing about the agents mistakes and changes of story. Thanks

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                  #9
                  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. For further information see the Home Office website where RIPA is posted.

                  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.

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