Records made at the time can be powerful evidence because they show what was recorded before a dispute developed.
You may see lawyers, ombudsmen or complaint handlers call these “contemporaneous records”. In plain English, that means a note, email, system entry, recording or document created at or near the time something happened.
They are not automatically correct. A system can record wrong information at the time. Their value is that they help show what the organisation or consumer recorded before later explanations, memories or arguments changed.
A record made at the time is not automatically correct. A system can record incorrect data at the time. The point is that timing is one factor in assessing reliability.
Key points
- Record events as they happen where possible.
- Preserve timestamps, sender/recipient and full context.
- A later summary may be less reliable if it conflicts with the original record.
- An error recorded at the time can still be evidence of what the organisation recorded, even if not evidence that the underlying fact was true.
Why timing matters
Memory fades and parties develop positions after a dispute begins. A record created during the transaction can help reconstruct what was presented, accepted, promised or recorded at that time.
A record made at the time can still be wrong
An internal note saying “customer is an OAP” proves that the organisation recorded that classification; it does not by itself prove the customer was actually an OAP. Distinguish the existence of the record from the truth of its content.
Create your own record
After a telephone call, make a dated note of who you spoke to, start/end time, key statements and actions promised. If important, send a follow-up email confirming your understanding.
In practice
- Use records made at the time to reconstruct chronology.
- Where a later account changes, compare it side by side with the earlier record.
- Treat incorrect data recorded at the time as a data-quality issue where appropriate.
What to do
A practical next-step plan
- Save original files.
- Record calls and events lawfully through notes/available records.
- Keep confirmation emails.
- Compare later narratives with the earlier record.
Common traps
Things that often confuse the issue
- Assuming “written down at the time” makes something automatically correct.
- Editing or renaming files in a way that loses metadata.
- Relying on recollection when an original record exists.