Small Claims Court - Letters from other customers to support case

[MichaelGriffin]

Hello

 

I am hoping for some help please.

 

I have recently had a new bathroom installed from a local company in Bristol and I have had on going issues with them and it has gotten to the stage where we will be attending a hearing in the small claims court.

 

I would like some advice please regarding the admissibility of using other customer's letters as supporting evidence for my case. They have also had issues regarding this particular company and I feel it would be worthwhile if possible to use them.

 

So I am asking really is am I allowed to present these letters of complaint in the small claims court (and if so, is there a protocol I should follow). Also, do you think it will help a case such as this to present such, or will they disregard this as not strictly relevant etc.?

 

Would appreciate any input.

 

Thanks.

[MrShed]

I cant see why this would be allowed, or relevant.

 

The only issue before the court is the contractual arrangement between yourselves and the company.

 

Any lack to honour previous or subsequent agreements is irrelevant.

[MichaelGriffin]

Thanks for the reply. I think it would be relevant as the issues I am experiencing bare resemblance to other customer's experiences and supports my view that their workmanship does not meet the acceptable quality standards.

 

In terms of the strict legality of producing such in the small claims court - is this OK to do - so long as it is declared to the other party of course before? All I have read so far is that in the small claims court grants wide discretion to the judge and the rules regarding evidence are not as strict as higher value claims.

[MrShed]

Thanks for the reply. I think it would be relevant as the issues I am experiencing bare resemblance to other customer's experiences and supports my view that their workmanship does not meet the acceptable quality standards.

You do, the court wont.

 

It is irrelevant in YOUR particular case whether OTHER workmanship done has not met quality standards. All that matters is whether the workmanship in YOUR case was not met - others experiencing poor quality does not establish this, nor back up your claim.

[geoff1248]

It would certainly do no harm to obtain letters from other dissatisfied customers. There is a chance that the bathroom company may say that they have never had any other complaints, at which point you could produce the letters.

However, how do the court know that you haven't written the letters yourself?

[MichaelGriffin]

Thanks for that. So relevance aside - I would be allowed to present them, i.e., there is nothing to say I cannot bring it (I have the other customer's permission)?

 

Again all I have found re evidence in the small claims court is that there is wide discretion given to the judge in determining what evidence can/cannot be used and it is he that determines its relevance etc.

 

Thanks again

[MrShed]

It certainly wont go AGAINST you to bring such letters.

 

However, I suspect they will be dismissed out of hand by any court.

[geoff1248]

Remember that any letters you produce are not evidence as to what has happened in your instance, only what has occurred previously.

[perplexity]

I would like some advice please regarding the admissibility of using other customer's letters as supporting evidence for my case. They have also had issues regarding this particular company and I feel it would be worthwhile if possible to use them.

 

So I am asking really is am I allowed to present these letters of complaint in the small claims court (and if so, is there a protocol I should follow). Also, do you think it will help a case such as this to present such, or will they disregard this as not strictly relevant etc.?

 

 

"not strictly relevant" appears to answer the question.

 

If there is not a particularly relevant fact to be proved, it's extra work for nothing for as far as a judge is concerned and he is not going to thank you for that.