Small Claims Court Secret Recordings

Ghost23

Hi, my first thread, excuse me if I get this wrong ! A builder let us down badly & suspecting what was actually going on, I made a few secret recordings using my phone during meetings, really for my record so I had note of exactly what was agreed. I’ve subsequently been let down again by then & have now just taken them to Small claims Court. Sure enough they’ve put in writing (from their own Solicitor) that the meeting was the opposite of what was actually said. I’d like to transcript the recording I have and submit this transcript to the Court. Really just checking it would be acceptable ? I’m hoping it would be as it demolishes the lies these people are currently telling & Id have hoped the Court just want to get to the truth ASAP ? I appreciate the feedback as this is proving a fairly stressful process. Thanks

Tigsteroonie

I don't know if it is acceptable given that you didn't advise the other side that they were being recorded and that it could be used. IANAL. But presumably there is nothing to stop you transcribing the conversation and presenting it as your "recollection" of the conversation.

tacpot12

You are allowed to record conversations that you are a party to without telling the other party they are being recorded, so there is no issue with presenting the recordings in County Courty.

Ghost23

Thanks for that. I was hoping that was the case. So transcribe it first and put it into the Court, but offer it up for listening, if it’s questioned by the defendant ? Ultimately I’m sure the Court want the truth 👍

steampowered

Yes, recordings are admissible as evidence.

You would need to refer to the meeting in your witness statement. You would refer to the transcript/recording as supporting what is in your witness statement.

Ghost23

Excellent thanks. So pleased I recorded these meetings. Reading their defence, shaking my head at the pure lies, and knowing I have them recorded saying the opposite. Look forwards to seeing their faces. I have referred to the meeting, they have replied contradicting the facts, so if I go back with a full transcript & make reference to the fact I have it recorded ? That should be ok ?

da_rule

Do you have the recordings in a format that you can share with the solicitor for the defendant? It might be worth just sending them a copy with a brief note stating that you’ll accept a settlement offer given that their client has clearly lied.

As this is a potential small claims matter, you can submit a reply to defence within 14 days. In this I would address each point that is false and then raise the fact that the conversations happened and that you have recordings and provide a summary. If you can get a full transcript in this time then great, if not, just mention that a transcript can be provided.

waamo

You aren't allowed to spring any surprises in court so sending a copy of the recording to their solicitor at the earliest opportunity may prove fruitful.

hollydays

I think I’m right in saying it’s up to a court whether these recordings are admissible.

Ghost23

Thanks everyone. Yes I have them in a shareable format. I’ll get my stuff together, transcribed and off to the Court. Really appreciate your input 👍

Ghost23

I am going to speak to the Court before sending anything in. While I have no reason to doubt what I’ve been told, I’d like it ok’d by the Court before submitting it. Fingers crossed.