Colin Cooke
31st July 2003, 16:44
The Singleton Report: Chapter 4. - Verbal contract
A verbal agreement is legally every bit as effective as a written one, the main difference being that the existence and precise terms of a verbal agreement are more difficult to prove as a matter of evidence than an agreement in writing where the relevant documentation can be produced.
Indeed, not all the terms need to have been agreed verbally or in writing. It is quite possible in law for an agreement to be made partly in writing, partly orally and partly by the conduct of one or both parties.
It should be borne in mind and great care should be taken at all stages prior to the signature of a written contract to ensure that a verbal contract is not inadvertently entered into on terms that may be unfavourable.
Basically what all this means is, ‘don’t throw anything away’ - keep a paper trial and record your business calls.
You can be too guarded in life I know, and there is no point worrying about every little thing that could go wrong. Some of life’s little annoyances, however, would go away if we took the precaution of recording calls more often and even at home.
For example:
Being called by companies offering everything from new cheaper electricity supplies to double-glazing is becoming a nightmare. Have you ever been tricked over the phone into accepting an offer you did not want? It happens to people all the time.
People have been tricked into accepting offers they do not want, or even locked in to deals despite refusing them at the time. People have turned down sales pitches on the telephone to change their utility suppliers and the deals go ahead anyway: - your word against theirs?
A verbal contract is legally binding: the problem is proving what was said. The whole area is a very grey one indeed, although cases have been fought and won on the grounds of an existing verbal contract.
I am not going to fill this page with cases and facts I will just say this: The world is full of unscrupulous people who will gather fruit from any orchard by any means possible and we are all, whether we like it or not, ripe for the picking. It doesn’t matter whether you are a retired or an active captain of industry, at some point the chances you will be stung. I have been, and so have most of my friends.
This is most relevant for anyone - in business – or occasionally making agreements or transactions by telephone. The best advice, that I have ever given anyone is - and please pay attention:
‘ If you deal or do business on the telephone, keep your copy of every contract and agreement - Record your calls’
The Singleton Report: Chapter 5. - About telephone Recording
Call Recording UK
Recording of telephone calls is so commonplace in the modern business world, that most people have forgotten the ‘I spy and Watergate’ connotations. Thank God, for a while it seemed the institutions like the big finance and insurance companies had it all the own way.
So much business takes place on the telephone nowadays. Gone are the times when nothing happened until purchased orders were received and triplicated and cheques had their five working days clearance. Deals are done, handsets replaced and we move on to the next thing.
In the late eighties and early nineties, insurance companies sold pensions and endowments like never before. Brokers found mortgages for people who could not afford them, and holiday companies’ sold holiday homes in Spain, for more than they were worth 50 times over in time share scams. In subsequent years their strong-arm sales tactics came under scrutiny and many institutions were criticised for their loose codes of practice.
In defence of some of these companies, the agents that were doing the selling, more interested in their commission than anything else, may not have been following company policy. (Putting it mildly)
Think about this: When you and I make an agreement and sign a contract, you get a copy and I get a copy. When you call any bank, finance house, insurance broker etc, the chances are you are being recorded. Although you may be entitled by law to have a copy of that call, nobody is going to offer you one. And you may find it harder than you think to get a copy if you were to ask. The best option is to record your own calls and in this ‘Personal Computer Age’, it has never been easier. - I’m 61 and I can do it.
How to Record
If you don’t have a PC, calls can be recorded with an adapter and a tape recorder. For occasional recording this is perhaps the most economical way to do it. It’ s messy however and in my experience, even if you can find the cassette with the recording on, it’s still a devil of a job to find the right conversation on the tape.
PC Call Recorders
These are the best option for recording at home or in a small office situation.
First of all, in my opinion, you can forget the type of recorder that uses your old voice fax modem. You may be attracted to this type of recorder because they are software only and therefore very cheap. The problem is, they are completely dependant on the characteristics of your modem. It is almost impossible to judge whether a particular recorder will work on a given system. Many people have been put off using PC call recording altogether by their experiences with these things. Plus, of course, many PC’s on networks in a small office will not even have an old VFM a modem and a digital telephone extension cannot be connected to a modem. – Forget it.
Best and most simple method
Keep it simple and buy the sort of recorder with it’s own little adapter/interface. These adapters attached, in series, with your handset or headset and if you get a good one, you don’t notice they are there. On a good recorder, the software, picks up the signal from your telephone via a small adapter, and starts recording it automatically. It will stop when you replace the receiver and then file a copy of the to a drive or directory of your choice. Some have many other facilities that you may or may not be interested in. Read the hype and see what you think.
There are many companies selling this type of equipment, most work well so you don't have to spend a fortune, but suffice to say, some are far better value for money than others by way of features and reliability.
Recorders that record just one telephone per PC should range from £50.00 to £250.00 - although many in that range are are vastly over priced. There are now some new ones on the market that are even cheaper – about time too - shop around.
Where to buy?
You may find these recorders in specialised high street outlets but it is more likely you will find a much better selection on the Internet, where they will probably be cheaper. Most are very simple to install and I bought my last batch of recorders from a company on the net and I had no problems getting up and running in minutes.
Try to search for ‘Telephone Call Recorders UK’ - or specifically ‘CopyCall’ as they make a great product that has many free accessories at a remarkably low price.
Remember, you have a legal requirement in business to print somewhere on your public company literature the following:
‘For security and training purposes your calls may be recorded’
Try to put this somewhere on any advertising you produce that encourages people to call you. Not everyone does this, but I think it is advisable. -
John Queensbury Singleton
Extract from JQS report. © Copyright exists
A verbal agreement is legally every bit as effective as a written one, the main difference being that the existence and precise terms of a verbal agreement are more difficult to prove as a matter of evidence than an agreement in writing where the relevant documentation can be produced.
Indeed, not all the terms need to have been agreed verbally or in writing. It is quite possible in law for an agreement to be made partly in writing, partly orally and partly by the conduct of one or both parties.
It should be borne in mind and great care should be taken at all stages prior to the signature of a written contract to ensure that a verbal contract is not inadvertently entered into on terms that may be unfavourable.
Basically what all this means is, ‘don’t throw anything away’ - keep a paper trial and record your business calls.
You can be too guarded in life I know, and there is no point worrying about every little thing that could go wrong. Some of life’s little annoyances, however, would go away if we took the precaution of recording calls more often and even at home.
For example:
Being called by companies offering everything from new cheaper electricity supplies to double-glazing is becoming a nightmare. Have you ever been tricked over the phone into accepting an offer you did not want? It happens to people all the time.
People have been tricked into accepting offers they do not want, or even locked in to deals despite refusing them at the time. People have turned down sales pitches on the telephone to change their utility suppliers and the deals go ahead anyway: - your word against theirs?
A verbal contract is legally binding: the problem is proving what was said. The whole area is a very grey one indeed, although cases have been fought and won on the grounds of an existing verbal contract.
I am not going to fill this page with cases and facts I will just say this: The world is full of unscrupulous people who will gather fruit from any orchard by any means possible and we are all, whether we like it or not, ripe for the picking. It doesn’t matter whether you are a retired or an active captain of industry, at some point the chances you will be stung. I have been, and so have most of my friends.
This is most relevant for anyone - in business – or occasionally making agreements or transactions by telephone. The best advice, that I have ever given anyone is - and please pay attention:
‘ If you deal or do business on the telephone, keep your copy of every contract and agreement - Record your calls’
The Singleton Report: Chapter 5. - About telephone Recording
Call Recording UK
Recording of telephone calls is so commonplace in the modern business world, that most people have forgotten the ‘I spy and Watergate’ connotations. Thank God, for a while it seemed the institutions like the big finance and insurance companies had it all the own way.
So much business takes place on the telephone nowadays. Gone are the times when nothing happened until purchased orders were received and triplicated and cheques had their five working days clearance. Deals are done, handsets replaced and we move on to the next thing.
In the late eighties and early nineties, insurance companies sold pensions and endowments like never before. Brokers found mortgages for people who could not afford them, and holiday companies’ sold holiday homes in Spain, for more than they were worth 50 times over in time share scams. In subsequent years their strong-arm sales tactics came under scrutiny and many institutions were criticised for their loose codes of practice.
In defence of some of these companies, the agents that were doing the selling, more interested in their commission than anything else, may not have been following company policy. (Putting it mildly)
Think about this: When you and I make an agreement and sign a contract, you get a copy and I get a copy. When you call any bank, finance house, insurance broker etc, the chances are you are being recorded. Although you may be entitled by law to have a copy of that call, nobody is going to offer you one. And you may find it harder than you think to get a copy if you were to ask. The best option is to record your own calls and in this ‘Personal Computer Age’, it has never been easier. - I’m 61 and I can do it.
How to Record
If you don’t have a PC, calls can be recorded with an adapter and a tape recorder. For occasional recording this is perhaps the most economical way to do it. It’ s messy however and in my experience, even if you can find the cassette with the recording on, it’s still a devil of a job to find the right conversation on the tape.
PC Call Recorders
These are the best option for recording at home or in a small office situation.
First of all, in my opinion, you can forget the type of recorder that uses your old voice fax modem. You may be attracted to this type of recorder because they are software only and therefore very cheap. The problem is, they are completely dependant on the characteristics of your modem. It is almost impossible to judge whether a particular recorder will work on a given system. Many people have been put off using PC call recording altogether by their experiences with these things. Plus, of course, many PC’s on networks in a small office will not even have an old VFM a modem and a digital telephone extension cannot be connected to a modem. – Forget it.
Best and most simple method
Keep it simple and buy the sort of recorder with it’s own little adapter/interface. These adapters attached, in series, with your handset or headset and if you get a good one, you don’t notice they are there. On a good recorder, the software, picks up the signal from your telephone via a small adapter, and starts recording it automatically. It will stop when you replace the receiver and then file a copy of the to a drive or directory of your choice. Some have many other facilities that you may or may not be interested in. Read the hype and see what you think.
There are many companies selling this type of equipment, most work well so you don't have to spend a fortune, but suffice to say, some are far better value for money than others by way of features and reliability.
Recorders that record just one telephone per PC should range from £50.00 to £250.00 - although many in that range are are vastly over priced. There are now some new ones on the market that are even cheaper – about time too - shop around.
Where to buy?
You may find these recorders in specialised high street outlets but it is more likely you will find a much better selection on the Internet, where they will probably be cheaper. Most are very simple to install and I bought my last batch of recorders from a company on the net and I had no problems getting up and running in minutes.
Try to search for ‘Telephone Call Recorders UK’ - or specifically ‘CopyCall’ as they make a great product that has many free accessories at a remarkably low price.
Remember, you have a legal requirement in business to print somewhere on your public company literature the following:
‘For security and training purposes your calls may be recorded’
Try to put this somewhere on any advertising you produce that encourages people to call you. Not everyone does this, but I think it is advisable. -
John Queensbury Singleton
Extract from JQS report. © Copyright exists