Can A Secret Recording Be Used In Court

[scorpioman]

Can A Secret Recording Be Used In Court ?

I am confused, which is not hard given the legal minefield out there.

So here goes again.

I hold a recording showing wrong doing by Directors of a Ltd Company.

Those directors are now using solicitors to try and threaten a consumer into taking a lower offer of compensation or face the threat of higher costs!!

The Directors have sold Holiday Homes that are sub standard, not fit for purpose and in some cases dangerous.

My problem is this.

I am putting together the paperwork for the Extra Particulars N125 Certificate Of Service for Breach Of Contract.

I now have this recording which shows wrong doing and I believe the intent to defraud given their actions to try and get the evidence excluded from court, should it get that far.

How do BBC Watchdog use secret recordings?

How do the Police use secret recordings of Speeding Motorists and even burglars caught on CCTV?

What is the difference between a burglar who goes out equipped to steal and a Director of a Ltd Company who does the same?

One carries a gemmy and the other carries a big stick attached to terms and conditions that people sign up to, plus the threat of losing £10000's if you walk away.

I would love the guidance needed here as at some point I will be going public to expose what I can only call Rogue Traders.

Would Intent cover this under criminal law?

Regards

[Amethyst]

Morning xx Apologies for missing your post before.

I don't believe you would disclose this recording until further along in the process. How was the recording obtained and what in it, in your opinion, evidences intent to defraud ?

So you purchased a holiday home, and feel that the company who sold it breached their contract with you because the property was not fit for purpose - was this a house or something like a static caravan, lodge etc ?

Have you been ordered to serve full particulars or did you put your original claim in via MoneyClaim online as full particulars to follow ? What is the basis of your claim and is it for a full refund of the purchase, to force them to put things right or for compensation for your having to rectify faults they have refused to ?

The company have offered compensation already which you have turned down ?

In your other post you mention an injunction - what would that be for?

[slainte caragh]

Hi,

As far as I know, the evidence of speeding motorists etc is shown to said motorist before it is used. I know that photographic evidence is definately sent out.

When there is a "sting" (i.e drugs etc) I believe that they have to obtain some form of warrant or court endorsed paperwork to allow this evidence to be admissible, and if I am correct they must show this to the solicitor of the defendant first so they can check it is in order.

When I worked in a call centre, we were advised, and given copies of, the Telecommunications Act which states that any recordings of a person's voice must be taken with consent. "If anyone says I do not agree with this statement being recorded, please stop", your recording is null and void. I don't know if this covers video recording too.

tagging Diana M and Joanna C for help. They may know the legalities and I warn you, the above could be total cobblers in this circumstance as this is my knowledge of the subject.

[jaguarsuk]

A quick google brought this up: https://www.icaew.com/en/archive/lib...ed-in-evidence

[scorpioman]

Hi Amethyst, No worries I understand how busy this must get.

The problems are vast on the site I own two Holiday Homes on, from unmaintained footpaths, to terms and conditions which are basically illegal.

Problems with the site not standing by their legal obligations and on a more serious note they issue disconnection notices without ever talking

to us about the problems we have, they even Ignore Arbitration which is on their terms and conditions as a way of resolving disputes.


I am in court on the 28th March small track for a claim to put problems with decking and chassis right on my 2 Holiday Homes, I submitted the bundle to the court yesterday and paid the hearing fees.

The reason I asked about the recording is this. Another owner had serious problems with a Holiday Home that was falling apart, so she taped the manager at a meeting. The recording admits everything including the awareness of directors as to what was happening. I wanted to know what would happen if I submitted that to court?

Also I asked about the Injunction because I have just submitted a much larger claim for breach of contract and i am preempting their next move which I think will be to try and have me removed from site.

I have put in a letter before action and am preparing the very long Extra Particulars Of Claim Number - N125 Certificate Of Service. If they try to have me removed I wanted to know what type of Injunction I need and what form to fill in and of course the costs.

The company offered me £4500 to settle the first claim during MCOL mediation, this was against a claim of £9000 plus costs of £735. I turned that down during mediation and it was transferred to be heard at County Court on 28 March.

I have not told them I have the recording but I have asked the two people on the recording if I can have their permission to use it. I believe the manager recorded and admitting liability etc has been sacked, but I now have their contact details.

I just want to get this right and not make any stupid moves

Any help much appreciated

Thanks

[scorpioman]

A quick google brought this up: https://www.icaew.com/en/archive/lib...ed-in-evidence

Thanks JaguarsUK I am still confused :-) I will tread carefully though.

[scorpioman]

Hi,

As far as I know, the evidence of speeding motorists etc is shown to said motorist before it is used. I know that photographic evidence is definately sent out.

When there is a "sting" (i.e drugs etc) I believe that they have to obtain some form of warrant or court endorsed paperwork to allow this evidence to be admissible, and if I am correct they must show this to the solicitor of the defendant first so they can check it is in order.

When I worked in a call centre, we were advised, and given copies of, the Telecommunications Act which states that any recordings of a person's voice must be taken with consent. "If anyone says I do not agree with this statement being recorded, please stop", your recording is null and void. I don't know if this covers video recording too.

tagging Diana M and Joanna C for help. They may know the legalities and I warn you, the above could be total cobblers in this circumstance as this is my knowledge of the subject.

Thanks :-) Now totally confused

[jaguarsuk]

Thanks JaguarsUK I am still confused :-) I will tread carefully though.

I read it as saying it's pretty much at the discretion of the judge as to whether it can be admissible in court with Singh v Singh and Ors [2016] EWHC 1432 being the case precedent you'd have to quote as why you think it would be.

However, it also warns the potential pitfalls which appear to be potential for you being penalised with not getting full costs awarded to you if you win and counter action for breach of human rights or breach of the other party's data protection rights.

[slainte caragh]

Thanks :-) Now totally confused

Yeh it's a minefield with video evidence. Joanna C and Diana M may know exactly what to do, I am almost certain that any form of clandestine recording is inadmissable in court without warrant, I think journalists have to have insurance etc incase they get sued, as Jag says this can be seen as a breach of someone's human rights!

I think the way TV programs get away with it is, they work in close company with Trading Standards, the police etc. They get the information and the trust first, the police get the permissions to video and the evidence is passed directly to the relevant authorities (Kinda like "Get Dom" or whatever his name is- he always has a member of the appropriate body with him when the footage is taken!)

How you stand as a member of the public alone, unsure but I will do some digging.

[slainte caragh]

UPDATE:

https://www.icaew.com/en/archive/lib...ed-in-evidence

So it seems it CAN be admissable, but be careful, you could get hit with a DPA claim!

I would strongly suggest arranging an appointment with a specialist solicitors (the ladies I tagged earlier for example) and showing them what you have.

[Phaeton]

What would it's worth be though? it's between another customer & a Sales Manager who no longer is with the company, if it has nothing to do directly with your case surely the defense would just ask that it be made inaddmissable.

Sorry i'm just thinking out loud, it might be irrelevant

[scorpioman]

Thanks all, I am still none the wiser re the recording, but I have asked both people in the tape if I can use it and am awaiting their reply. I believe it shows the intent of the company in question to rip people off, it names a director and sales staff who were involved, mine is just another case along the way for this lot who bank on people not going to court.

I will wait for the two ladies copied in to respond.

They offer to compensate an owner on the recording and then renege on that and now are trying to make the recording inadmissible, they even threatened the other owner with retaliatory counter claim in order to push up the costs in order to frighten them off!!

If I do need the Injunction as I suspect they will try to have me removed from site, which type of Injunction is needed? Is there a form number? How much does it cost?

Thanks for the replies to date, very much appreciated

[jaguarsuk]

UPDATE:

https://www.icaew.com/en/archive/lib...ed-in-evidence

So it seems it CAN be admissable, but be careful, you could get hit with a DPA claim!

I would strongly suggest arranging an appointment with a specialist solicitors (the ladies I tagged earlier for example) and showing them what you have.

Is there an echo in here? (see post #4 & #8) :wink:

[scorpioman]

Is there an echo in here? (see post #4 & #8) :wink:

Thanks, I am reading them but having trouble getting my head around it. :-)

[slainte caragh]

Is there an echo in here? (see post #4 & #8) :wink:

sorry mate 13 hour shift yesterday