When it comes to the evidence, you will need to provide things like:
- Dates you first became aware of the issue or issues
- Confirmation of the date that you first raised the issue with the company
- Any copies of correspondence between you and the company. This can include emails, letters, webchat and SMS.
- Any details of telephone calls you have had with the company. This can include, the names, dates and time of the people you spoke to
- Any other relevant information that you consider will assist in your complaint.
Please note that it is the customer’s responsibility to provide as much information as possible to assist with their claim. Please note that if you are waiting on information from the company, to hold off registering a complaint until you have received that information. If you have only had verbal discussions with the company, please ensure a summary of those calls is provided with your application.
Submitting call recordings as evidence
Many companies routinely record the telephone conversations they have with customers for training and quality assurance purposes and sometimes these recordings can provide useful information for the adjudicator to consider.
Whose job is it to make sure the recordings are provided to the adjudicator?
It is your responsibility to collect and submit the evidence you would like the adjudicator to consider. This includes any call recordings that you would like adjudicator to listen to.
While companies may include call recordings as part of their response in a case, they may not do so. Therefore, you should not assume that the company will provide any of the call recordings in your case.
You can ask the company to send any call recordings that they had with you, but in most cases, you will need to submit a subject access request in order to obtain them.
What is a subject access request?
You have a legal right to access and receive a copy of your personal data, which includes call recordings, correspondence, account notes and other relevant information from any company who may have it. This is commonly referred to as a subject access request or ‘SAR’.
- You can make an SAR verbally or in writing, including via social media. Check with the company for details of the ways in which they will accept a SAR (some companies have a specific process that must be followed).
- Someone can also make a SAR on your behalf if you can prove that you have given your consent for them to do that.
- In most circumstances, the company will provide the information to you free of charge.
- Companies are required to provide the information within one month of your request, although this can be extended by the company for a further two months if your request is complex or if you submit multiple requests.
Will CISAS obtain the evidence/call recordings on my behalf?
No, CISAS will not obtain any evidence on your behalf. It is your responsibility to provide the evidence that you want the adjudicator to consider as part of your case.
In some circumstances, the appointed adjudicator may ask the company for a specific call recording or other piece of evidence. However, the adjudicator cannot force the company to provide it.
Does the company need to keep all of my call recordings?
No. Not every call to a company is recorded, and sometimes calls may have taken place so long ago that the company no longer has a recording available. Companies aren’t required to record every call and they often have data retention policies that mean call recordings are deleted after a certain period of time.
Should I submit my claim before I receive the recordings from the company?
No, you should submit your claim only once you have all of the information and evidence that you would like the adjudicator to consider. Also, once a claim has been made, we cannot put it on hold while you gather evidence. As companies can take up to three months to respond to a SAR, you should wait for their response before starting your case.