Recording collections agent collecting the vehicle following VT

[Kotya]

Hi All,

So I have recently VT’d my vehicle with Santander Consumer finance. Given current climate, surprisingly, on Saturday I had a call from collections agent Crystal Collections and they are coming for the vehicle today.

Mh question is, can I record the conversation with the agent (voice only), without disclosing that the process is being recorded? The reason for disclosing it is that I’d prefer everything to go smoothly without any unnecessary stress and people tend to become agitated once you tell them that everything is being recorded. However, I’d like to have some evidence in case they try to bully me into signing any sort of paperwork.

Any advise on legality of this sort of matter and whether it would stand in court as an evidence? It shouldn’t breach GDPR as it is for personal use?

Thank you in advance

[R0b]

Hello

You may be entitled to rely on the exemption that the recording is for personal use only, but it would be sensible to inform them that you wish to record the conversation rather than trying to do it secretively. Of course the agent can object but that is up to that person as is their right and I think this should come down to each side having a bit of common sense.

Having said that, I don't think it is necessary to record the conversation. I appreciate your concerns of being 'bullied' into signing the paperwork but really there's a couple of options if things go sideways:

1. Tell them you are going to now record the conversation so that there is evidence the agent is trying to force you to sign the paperwork, at that point they will probably back down.

2. Tell the agent you are not signing the paperwork and if they threaten you by saying they won't take the car away without a signature then you tell them go ahead, and you will call Santander immediately, explain what has just happened and tell them they will then have to re-arrange a new collection date at their own expense. You are not legally obliged to sign any paperwork post termination.

3. If you are living with someone, have them witness the whole situation and they can provide a statement as to what went on.

Most collections tend to go quite smooth and I've yet to hear from anyone who has said they have been physically bullied into signing the paperwork, rather they sign the paperwork because they are too afraid and think that is the only option they can take when in fact it isn't.

If you are somehow bullied into signing the paperwork, then make sure to scribble over the top of it that it was signed under duress by the agent and take a photograph of the document if possible. Some signatures are required on electronic devices so that's not possible but most these days have the option of ticking the box that says customer disputes report.

[Kotya]

rob thank you for the detailed info. It was way easier than expected, they guy didn’t even seem too bothered about the car, had a quick walk around looking for damage (car’s shining), ASKED if it has full service history, not even bothered with verifying my words and that’s it. Stuck trade plates on and drove off *♂️ Oh and asked to send logbook back to Santander as the car was on private plates and I’m still yet to receive the updated logbook.

While I have your attention, would you know what is the standard timeframe for the finance company to send a letter that account has been closed and there is nothing left to pay?