How to Use Verbal Evidence for Mis‑Sold Products

In disputes over mis‑sold products in England and Wales, written evidence such as contracts and emails is extremely valuable. However, verbal evidence - what was said during negotiations, sales conversations, phone calls or meetings - may also play a central role in proving that you were misled into making a purchase. This article explains how verbal evidence can be used effectively in mis‑selling claims, the legal context for oral statements, how to record and present this evidence, and practical considerations for tribunals and courts.

Understanding Verbal Evidence in Mis‑Selling Disputes

A key legal concept in mis‑selling and misrepresentation claims is that a false statement of fact made before a contract was entered into may entitle you to remedies such as rescission (undoing the contract), damages (compensation), or other redress. Misrepresentation under UK law includes spoken statements made by the seller that influenced your decision to buy the product or service. These oral representations can be as legally significant as written ones, provided they can be proven with appropriate evidence.

Verbal evidence becomes particularly important when:

• Statements about the product's quality, features or suitability were made orally during a sales pitch;
• The seller gave assurances over the phone or in person that were not reflected in the written contract;
• You were told something that induced you to enter into the contract that later proves to be incorrect or misleading.

When Verbal Evidence Is Legally Relevant

Misrepresentation and Inducement

Under the Misrepresentation Act 1967 and common law, a misrepresentation is a false statement of fact that induces the other party to enter a contract. This false statement can be written or spoken. If you relied on an oral statement when deciding to purchase, that recital may form the basis of your claim.

To use verbal evidence, you must show that:

1. A specific oral statement was made by the seller or their agent;
2. You relied on that statement when entering the contract;
3. The statement was material, meaning a reasonable person would consider it important when deciding to buy.

This applies whether the seller knowingly misled you (fraudulent misrepresentation), was careless in what they said (negligent misrepresentation), or genuinely but incorrectly believed their statement to be true (innocent misrepresentation).

Verbal Agreements and Contracts

In the UK, not all contracts need to be in writing to be legally binding. A contract can be formed orally if essential elements - offer, acceptance, consideration and intention to create legal relations - are present. That means a verbal assurance or agreement can itself be enforceable, so long as it can be proven.

However, certain categories (such as agreements for the sale of land) must be in writing to be enforceable. Even where a contract is in writing, verbal statements made before signing can still be relevant if they induced the contract.

How to Capture and Present Verbal Evidence

Recordings and Notes

Keeping accurate records of verbal interactions improves the reliability of your evidence. Options include:

• Recording calls or meetings, where lawful. In England and Wales, one‑party consent recordings (you recording your own calls) are generally permissible, but will not be admissible as proof of origin if created covertly for litigation. Instead, use call logs and written summaries following conversations;
• Writing contemporaneous notes immediately after the call or meeting, including date, time, participants, and exact wording used by the seller;
• Emails summarising phone calls or meetings, asking the seller to confirm the content of the conversation in writing.

These records help to corroborate your version of events and add credibility in tribunal or court settings.

Using Witness Evidence

Witness Statements

Verbal evidence is often presented through witness statements. In civil litigation, including small claims proceedings, you prepare a written witness statement that sets out:

• What was said during the relevant interactions;
• Who made the statements (including names and roles);
• The context in which they were made; and
• Why you believed and relied on them when deciding to contract.

A witness statement must be signed and include a statement of truth confirming that the contents are accurate.

Supporting Third‑Party Witnesses

In some mis‑selling disputes, a third party present during the verbal exchange (like a colleague or another consumer) can provide a witness statement confirming what was said. This is especially useful where there is no written record of the conversation.

Corroborating Verbal Evidence

A challenge with verbal evidence is that it is inherently less tangible than documentation. To strengthen your case:

• Combine verbal evidence with contemporaneous written records such as emails, texts, call logs or diaries, showing consistency between spoken statements and later written references;
• Reference multiple sources of evidence where possible (e.g., two independent witnesses who heard the same statement);
• Match verbal statements against written offers, brochures or adverts to show what the seller represented.
  Courts and tribunals assess all evidence “on the balance of probabilities”, meaning they decide which version is more likely to be true based on the totality of evidence presented.

Presenting Verbal Evidence in Legal Procedures

In Negotiation or ADR

When negotiating directly with the seller or using an alternative dispute resolution (ADR) scheme, a clear summary of verbal evidence helps frame your argument. Prepare a chronology of events and include reference to your notes or summaries to show how the oral statements influenced your decision.

In Small Claims or Civil Court

Verbal evidence must generally be set out in your witness statement before the hearing. During the hearing, you or your representatives may be asked questions about the veracity, context and impact of the oral statements. At this stage:

• Be concise and factual;
• Base your evidence on what was said, not opinions or assumptions;
• Refer to supporting evidence where applicable.

Limitations, Risks and Good Practice

Memory and Credibility

The key risk with verbal evidence is memory reliability. Over time, details may fade or be remembered differently by parties. Contemporaneous notes increase credibility. If your recollection differs from other parties, the tribunal or court must decide whose evidence is more reliable.

Hearsay

In civil cases, hearsay evidence (oral or written statements made outside court used to prove the truth of what they assert) may be admissible but carries less weight unless corroborated. Where possible, rely on witness evidence rather than third‑party hearsay.

Legal Advice

Verbal evidence must be supported by clear legal reasoning to link the statements to a mis‑selling claim. Professional advice can help clarify which statements are actionable and how best to present them.

Key Takeaways

Verbal evidence plays a significant role in mis‑sold product claims when you allege that the seller made misleading oral representations that induced you to enter a contract. UK law recognises spoken statements as relevant to misrepresentation and contract formation, provided they can be proven and are material to your decision. Capturing verbal evidence through contemporaneous notes, summaries and witness statements strengthens your claim. When presenting such evidence in negotiations, ADR or court proceedings, organisation, clarity and supporting documentation help convince decision‑makers on the balance of probabilities. Understanding how to use verbal evidence effectively improves your prospects of obtaining redress for mis‑selling disputes.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.