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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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A company I am taking to court has lied about the details /

Customer Question

A company I am taking to court has lied about the details / contents of a call to the courts. I have a recording of the call, am I allowed to present this as evidence to the courts? what if I transcribe the call so that it is a document?
Submitted: 4 days ago.
Category: Law
Expert:  F E Smith replied 4 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I havenot forgotten your question.

can you give me all the background to this court action please

Expert:  F E Smith replied 4 days ago.

It is not illegal to record anyone’s voice.

Therefore there is no reason why you should not use the recording.

However they will object to it in which case you can produce the transcript. Also have both to hand.

The rule with regard to illegally obtained evidence changed some years ago and now even if it is blatantly illegally obtained it can be admissible if it’s in the interest of justice to do so.

Let’s say for arguments sake they said something and you have a recording and they now lie through their teeth saying they did not say that.

It would be totally unfair for them to say it was an illegal recording and not admissible.

Go for it.

Can I clarify anything else for you?

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close.

Thank you.

Best wishes.

FES

Customer: replied 4 days ago.
Thank you so much, that's a really helpful answer - probably the best answers I've had on this platform.the context is that I took out an insurance policy which specifically covered a breakdown of a part. when it did occur (about a month into the contract), the refused to cover it saying it was worn before, though their own engineers report contradicts this and affirms that it was an unexpected breakdown. They are then trying to run the narrative that I was trying to just buy the insurance to use it and cancel it, and cite a phone call where I apparently asked if it can be cancelled at any time. However, this is false - the phone call was actually about moving to an annual plan (showing I actually wanted to be with the company long term), which I have a recording of to contradict their false narrative. They also acted maliciously to change the contents of my account to reflect their narrative.I also noticed that they updated their terms and conditions as soon as I submit the court case. Unfortunately, I lost the original copy of the terms and conditions I signed, so I need to get the original one I agreed to when taking out the policy. Are they under any legal obligation to provide me a copy of the t&cs I signed / am bound by? How would you recommend going about getting a copy of the t&Cs?
Expert:  F E Smith replied 4 days ago.

Thank you. Those comments are very kind.

To be honest of these extra warranty contracts are in my opinion subject to argument.

There is an argument they will use about wear and tear although let’s face it, things don’t breakdown unless there is something wrong with them so that would apply to any single claim that you bring.

You can make a subject access request under section 7 of the Data Protection Act asking them for the copy of the terms conditions which previously applied. They have 40 days to reply to that.

I don’t know why this is in court, but you could always complain to the Financial ombudsman in addition. It’s free.

Customer: replied 1 day ago.
That’s very true - the reason I chose court was just the speed of things - the ombudsman has a waiting time of around 6 months at the moment (and I thought court would be quicker but it appears not).I am also currently starting a startup and I’m sure I’ll have many legal questions (especially with the nature of the startup). I’m unlikely to remain a part of this platform, but I’d love to stay in touch and tap into your legal skills - what would be the best way to stay in touch? What are your rates? Thanks! :)
Customer: replied 1 day ago.
Start up question - Hi again! Quick question regarding a position I’m in with my start up. I purchased a domain name with a company who charged me but failed to register it. The domain name was then purchased by someone else on another platform. When I went to set up the domain, not knowing it had not been registered as I had received a receipt for the transaction, I noticed I couldn’t set it up, and found out that it was registered to someone else. I contacted the domain provider, who said that registration had failed as the company number I entered was: ‘TBC’ (however they did not specify the need for a valid company number). They issued me a refund for what I had paid. But I am now left with my company domain name sold to someone else, and will likely have to incur large costs to recuperate it. I was wondering what options I have and whether I have any legal grounds to pass the cost on to them? Or what could I do about the large cost i will now incur due to their negligence?