How to finally put a stop to cold & silent callers.

[ufkacbln]

I find that asking for details of how they got my number as it is a high security MOD establishment works

 

[RhythMick]

Excellent.

 

[Mr Haematocrit]

There is a comedian in the US called Tom Mabe who records all his phone calls, he has a great experience with a telemarketer which you can listen to at the following url, its fantastic

http://howtoprankatelemarketer.ytmnd.com

 

[Drago]

Where does it say that? Recording your own call for your own use is usually entirely legal.

It's an offence buried deep within the Telecommunications Act to record a call made on a 'public telecommunications system' without the consent and knowledge of all those party to the conversation.

There is then another raft of legislation and case law to determine what is accepted as sufficient to inform any parties of the call being record, and yet different rules still apply to the dibble, councils etc.

So yes, unless there is something not reported in the story the gent had commited a criminal offence by that act, although as a civil hearing the small claims track of the county court won't care.

I've seen criminal cases collapse because a victim thought they'd be clever and try and obtain evidence in this way.

 

[Mr Haematocrit]

It's a shame this gent commited a criminal offence by recording the telephone calls

No he did not commit an criminal offence, as the recording was for his own use and has only been made available to himself and the caller. It only becomes an offence if shared with a third party

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.

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

 

[Drago]

He did commit a criminal offence. He recorded a telephone call made on a public telecommunications system (who initiated the call is irrelevant, and for why he recorded it is irrelevant) without either the knowledge or consent of the other party. It dates back in its original form to the 1947 Wireless Telegraphy Act, but wad updated and incorporated into the Telecommunications Act when the phone side of the business was hived off from the public sector and became BT.

An offence and a recordable crime.

I've arrested people and secured convictions for exactly that act.

The fact that he did it for his own use in a civil case may be submitted in mitigation, but it is not a defence. There is no statutory defence to this crime.

I'm not home so don't have access to my Blackstones Discs but this makes the point;

http://www.itccallrecording.co.uk/legal-summary.htm

Point 2 is the one pertinent to us, and doubly pertinent in this case as the gentleman was pursuing a business debt, the fees he was charging the PPI company for answering their calls etc.

 

[Mr Haematocrit]

He did commit a criminal offence. He recorded a telephone call made on a public telecommunications system (who initiated the call is irrelevant, and for why he recorded it is irrelevant)

The governing body for telephone communication in the UK states recording calls at home is legal.
http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

The RIPA document issued by the home office also says you can record phone calls without a warrent and the concent of only one party.

No disrespect but I believe ofcom Information more than the link you provide which belongs to a consultant company.
Are you able to provide any links from a reputable source to support your statement as it is subject i am very interested in personally

 

[Arch]

We don't know that he didn't just say something along the lines of "this phone call may be recorded" at the outset, like they do when you call any commercial body. I assume that would cover his back?

 

[carolonabike]

We were being plagued by calls from overseas so being registered with the TPS doesn't help. After being harangued by someone in an Indian call centre when I said I didn't want to speak to him I'd had enough so I bought a call blocker from Amazon which seems to have done the trick. .
The downside is it cost £40 to stop these idiots invading my home but we haven't had any calls for a month now so it seems to be doing it's job.

 

[Mr Haematocrit]

RIPA has nothing to do with the actions of private individuals. It exists to enable and regulate the activities of public bodies.

I fail to see then why it makes reference to not prohibiting the recording of phone calls by private individuals or why ofcom which I believe is the regulator for all uk communications makes reference to RIPA when stating that it is not against the law for a private individual to record a phone call in his own home.

 

[ASC1951]

RIPA has nothing to do with the actions of private individuals. It exists to enable and regulate the activities of public bodies.

Not quite right. The Regulation of Investigatory Powers Act 2000 does also apply to private individuals if they intercept communications - section 1 specifically says

It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—

(a)​

a public postal service; or​

(b)​

a public telecommunication system.

But it is indeed irrelevant to recording calls, because that is not in itself interception.

 

[theclaud]

I called the sea life centre earlier. They said my call might be recorded for training porpoises.

 

[ianrauk]

I just put the phone next to the TV speaker... let them listen to that for a while.

 

[ASC1951]

[QUOTE 2121963, member: 9609"]
(this is assuming you can only arrest people when the punishment can involve prison)[/quote]
Police powers of arrest are much wider than that. You can, for instance, be arrested to protect you from injury.

 

[TVC]

Police powers of arrest are much wider than that. You can, for instance, be arrested to protect you from injury.

Can you be arrested to protect you from theclaud's jokes?