Summary
In England, recording calls for personal use without informing the other party is generally legal. However, using these recordings as evidence may require the other partys consent. If you plan to send recordings to the CMS and not use them in legal proceedings, it should be acceptable. Contemporaneous transcriptions might be more credible for evidence. Consulting a legal advisor is recommended for assurance and guidance on admissibility.Full Conversation
I am using as evidence to send back to the CMS to prove advice and information I was given that is now being denied
In England, you can legally record calls without informing the other party for personal use. However, using those recordings as evidence may require the other party's consent. To strengthen your case:
- Consider informing the CMS representative in future calls.
- Seek advice on the admissibility of your recordings in legal proceedings.
Have you thought about getting legal advice on this matter?
I am not going to use these calls in legal proceedings at all
Since you plan to use the recordings to send back to the CMS and not in legal proceedings, you should be fine under English law as long as it's for personal use.
Have you considered contacting a legal advisor to ensure your approach is correct?
Am I ok to send it to the CMS as an attachment to evidence what i was told
Under English law, you can record calls for personal use without informing the other party. Since you're sending it to the CMS and not using it in legal proceedings, it should be acceptable. However, consider informing them in future calls. Have you thought about consulting a legal advisor for further assurance?
Is it different if I have had the call contemporaneously transcribed rather than recorded?
If you have had the call contemporaneously transcribed, it might be easier to use it as evidence since it is in written form. However, the admissibility of such evidence still depends on the context and purpose. It is advisable to consult a legal advisor to confirm the best approach.
Have you considered consulting a legal advisor for a more definitive answer?
Which is more legally safe - recording a phone call to the CMS or having a transcription contemporaneously without recording
In England, both recording a phone call and having a contemporaneous transcription have their own considerations.
- Recording a Call: Legal for personal use without informing the other party, but may face challenges in admissibility for formal processes.
- Contemporaneous Transcription: Generally seen as more credible since it's in written form, but still consider the context of its use.
Both methods are legally safe for personal use. For further assurance, consulting a legal advisor would be beneficial.
Have you thought about consulting a legal advisor to confirm the best approach for your specific situation?