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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69134
Experience:  Qualified Solicitor
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Would it be possible to arrange a call to discuss my data

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hello,
JA: Hello. How can I help?
Customer: Would it be possible to arrange a call to discuss my data protection rights as i feel these have been breached...
JA: Where are you? It matters because laws vary by location.
Customer: Lodon london
JA: What steps have you taken so far?
Customer: I purchsed a product and service from a company which was delivered to an unusable standard and not to my requested specification. The company told me that they had recorded all calls (a week later) as a way of threat. I asked them to send me recordings of the calls and asked why i had not been notified that calls were being recorded. They are refusing to refund my purchase or admit liability for the faulty product - to which in fact if the recordings do exist will show that they are at faualt thank you for your time and help with this..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: its the second time the company have not delivered a satisfactory product and im at a loss of £1200 in addition to costs incurred due to having to rearrange services related to the delivery of the product. I would like to take legal action with the company

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When did you make the purchase and was it over the phone or in person?

Customer: replied 6 months ago.
Hello, thank you for your assistance with this matter
Customer: replied 6 months ago.
By phone

No problem and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. There are various laws that deal with the recording of phone calls by businesses. In general you do not have to be informed if a call is recorded as long as the company will only use it for a limited number of purposes, like:

· establishing the existence of facts

· ascertain compliance with regulatory or self-regulatory practices or procedures

· to demonstrate the standards which are achieved or ought to be achieved by persons using the system in the course of their duties

· in the interests of national security, or for preventing or detecting crime

However, if you are personally identifiable from the call (not just by voice but there are other personal details that identify you) and the company is going to store that phone call it would amount to processing of data protection and they should have indeed informed you in advance in accordance with the GDPR.

Does this answer your query?

Customer: replied 6 months ago.
Thank you. The company are refusing to provide a full refund for the faulty products and not acknowledging my request to be provided with the detail sand recordings that they hold for me. They are using relating to recordings but not allowing me access to them. They have denied that i called twice upon receipt of delivery of the items (if they actually did have the recordings they would know that i did call) . They are refusing to refund as they said i didn't call within 14 days and not in line with their terms and conditions
Customer: replied 6 months ago.
Am i correct in believing it is my legal right to request access to the recordings? I was identifiable during the calls, home address, business details and even my card number was provided over the phone

Was this purchase made for business or personal use?

Customer: replied 6 months ago.
Business

Ok are you personally identifiable from the recordings or do they only mention your business, not you personally?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi, They do identify me by name...

Ok thanks in that case you can request access to them by saying you are making a subject access request under the GDPR

Customer: replied 6 months ago.
Did you call me today or was it one of your colleagues?

I was not the one who accepted your call request so it would have been someone else

Customer: replied 6 months ago.
The person that I spoke to today said that he was the person that i had been communicating with here online. On his advice, I have sent an email to the company at the heart of this matter... I do not have confidence that the information he provided was correct now.

Unfortunately I cannot see who that person is or what they have said

Customer: replied 6 months ago.
can you please refer me to someone that can. I have stated to the company that I'm taking legal action against them. The person that I spoke to said that they had broken the law by not informing me the call was recorded.
Customer: replied 6 months ago.
he also said that I was within my right to take legal action...
Customer: replied 6 months ago.
I have to see to my child now. Can you please inform me how to follow this up tomorrow?Many thanks,
Stephanie

Sorry not sure what you mean by 'refer you to someone who can' - someone who can do what?

Customer: replied 6 months ago.
The person that manages this services who can inform me of the. Person that contacted me today?

oh you would need to contact customer services, best done through***@******.***