Write down the facts and supporting evidence
Write down all the information you want to tell the tribunal about the dispute. You will need to back up this information with evidence. It may help to take a sheet of paper and draw a line down the middle. On the left side, write the facts you want to tell the referee. On the right side, write the evidence you will use to support your facts.
The tribunal referee makes their decision by listening and looking at the evidence you and the trader present. Evidence can be written (in the form of affidavits) or verbal (when you give statements in the witness box). The court prefers verbal evidence but affidavits from witnesses may be given.
Evidence can include:
- documents like repair bills, receipts, advertisements, quotes, letters or a contract
- photographs (showing, for example, the faults in an item, or that a job was not completed)
- real objects like the damaged goods or parts (if they can be brought to the hearing).
Organise your witnesses
You can bring witnesses to the tribunal to provide evidence on your behalf and back up your side of the story.
Your witnesses could include:
- someone who was with you when you entered into the contract with the trader
- a person who saw the faulty or broken goods when you brought them home
- an expert who can talk about what is needed to fix or replace your item - you may have to pay the expert's expenses for attending at court, so you should discuss this with them.
Organise to meet your witnesses at the tribunal at least 15 minutes before the hearing starts to make sure you are all on time.
If your witnesses don't want to attend you cannot force them to. Instead you can ask them to write and sign an affidavit including their evidence.