Abusive phone call

[killersla]

Hello all if someone could help me with this it would be great.

2 days ago at 10 30pm i recieved a call on my mobile from an withheld number and the caller left a voice mail.

now after listening to this voice mail i was in shock it was some woman screaming down the phone threating to do allsorts to me.

i believe it is to do with an incident at my work, but god knows how she got my number.

anyway i have rang t mobile and asked if they can tell me the number of the caller at that time and date to which they replied they do not have access to that info.

now before i go to the police with this do you think i could draft a letter to t mobile explaning to them what happened and for them to release the number to me?

any help on this would be great

regards

killersla

[Luminol]

Re: Abbusive phone call

Hi there Killersla

Ofcom states that:

Exceptions to the caller’s privacy rights

5.5 Both the old and new Directives set aside a caller’s general right to prevent the display of their CLI information where Calls are made to the emergency services or where the appropriate authorities investigate and trace malicious or nuisance calls. The Directives also provide for national legislation to restrict privacy rights in order to safeguard national security, defence, public security and to facilitate the prevention, investigation, detection and prosecution of criminal offences.


5.6 The relevant UK legislation that restricts privacy rights in order to safeguard national security and the other objectives identified above is the Regulation of Investigatory Powers Act 2000. The Act creates a legal framework within which Communications Data, which includes CLI data, may be obtained and disclosed to designated authorities in order to secure these objectives.


I believe that only the police can get T-Mobile to release this information as part of an ongoing enquiry, so Im not sure that they would give it to you under any circumstance, I think it would be better to report the matter to the police, if only to find out how they got your phone number.


Hope this helps


Lumi x

[WendyB]

Re: Abbusive phone call

And obviously keep the voicemail as evidence.

[killersla]

Re: Abbusive phone call

i have put the content of the call on my comp, so from what i understand from the post above really only the police can request that kind of info.

Do you think its not worth giving it a go because all the police are going to do is say just keep a record of the calls as i am very eager to find out who this is.

[Paule]

Re: Abbusive phone call

Were you named in the voicemail?
Could It be a wrong number

I would be more concerned who is giving out your number to be honest.

[scoobydoo]

Re: Abbusive phone call

Is it a mobile number that is purely your private number or associated with your employment?

[Guest]

Re: Abbusive phone call

i have put the content of the call on my comp, so from what i understand from the post above really only the police can request that kind of info.

Do you think its not worth giving it a go because all the police are going to do is say just keep a record of the calls as i am very eager to find out who this is.

Yes, only the police will be given this number and be careful that if you intend to go to the police you should do it soon. If you do not, your voicemail will expire which with T-Mobile is within seven days.

In addition, if you wish for this telephone call to be tendered as evidence, you must ensure that you have preserved the chain of custody or you may find that it is inadmissible. The best course of action, if you intend to go to the police, is to allow an officer to listen to it and make a recording if they deem it necessary.

[Amethyst]

Re: Abusive phone call

what's a chain of custody? (sorry if I'm being dense)

[Paule]

Re: Abusive phone call

what's a chain of custody? (sorry if I'm being dense)

Making sure everything is recorded in date order, ie paper trail etc.
So you dont suddenly pop up with something else at a later date that occured before your current evidence.

Bit like the bank charges you have to follow procedures etc

[StoneLaughter]

Re: Abusive phone call

what's a chain of custody? (sorry if I'm being dense)

You have to be able to show, beyond reasonable doubt, that the voicemail (in this case) was delivered to your voice mailbox at or on the time or day you say it was. If that cannot be proven "beyond reasonable doubt", it's not useful as evidence.

I'm afraid that a recording on your PC is unlikely to be sufficiently evidential for criminal purposes.

[Guest]

Re: Abusive phone call

A Chain of Custody is the means of documenting and tracing a piece of evidence, be it physical or electronic and includes all the operations that take physical or legal ownership of the evidence, from initial collection or seizure, custody, storage, reproduction and analysis. This means that in practice, evidence can be tracked through every link in the chain, from initial collection to being produced in court so that the court can be satisfied that it has not been tampered with, altered or even planted.

[Guest]

Re: Abusive phone call

You have to be able to show, beyond reasonable doubt, that the voicemail (in this case) was delivered to your voice mailbox at or on the time or day you say it was. If that cannot be proven "beyond reasonable doubt", it's not useful as evidence.

I'm afraid that a recording on your PC is unlikely to be sufficiently evidential for criminal purposes.

Precisely.

[killersla]

Re: Abusive phone call

well to be honest i have not had any thing more since, i did make a recording on my computer but as stated above it does not prove anything, so i think i will leave it at that.

but if i get any more then ill go straight to the police.

thanks for all the info

[StoneLaughter]

Re: Abusive phone call

Keep the recording. If you have one which has a perfect chain of custody and one which does not, it still strengthens your case.