Letter Before Claim

creative-2008

I am in the unenviable position of needing to take legal action against a company I bought a product from, which was not fit for purpose. Communication with the company has completely broken down, and they have made their position clear that they are not willing to offer a refund.

I have drafted a 'Letter Before Action', which is 95% finished.

I am unclear about whether I am required at this stage to list the documents that I would rely upon in court e.g. a copy of our written correspondance, photos proving why the item is unfit etc.   I have carried out quite a bit of Google research and seem to have found conflicting information. Does anyone know the answer to this with certainty? Is there a simple and reliable website/guide that I can follow to support me with this?

user1977

You need to make clear what your claim is and the basis of it, but I'm never heard of any principle that you need to produce all your evidence - where are you reading that?

Sandtree

There is no need to list the evidence you will rely on but clearly it is expected that you will have provided any reasonable evidence in attempting to resolve the issue before turning to the courts.

creative-2008

Thanks @user1977 and @Sandtree

It didn't sound correct to me either. Yes, I have a list of all of the things that I have done to try and resolve this. Court is absolutely my last decision.

In terms of the information, it came from this article...

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim-aSFAC8Q6Jqan

I would welcome anyone's thoughts? Perhaps I am misinterpreting it

Sandtree

A case of belts, braces and superglue... they don't want you to sue them if, for example, you don't mention before court that you have an independent engineers report saying there is a major issue with the product but you kept that stum before the trial date.

You really should have shared such a report long before the LBA is even written.