Thank you. It comes down to whether you did enter into this contract (albeit verbal) or not.
At the moment you need to acknowledge the claim and file a defence. Your defence is quite simply that there is no contract between you whereby you accumulated the debt in the sum of £6884.02 or any sum at all and the claimant is put to strict proof of the existence of any such contract. You can also say that in the alternative, the claim is brought as a debt claim and that even if the Claimant is entitled to any money (which is denied) they are not entitled to the full amount of the debt for the service they didn’t provide but at most, they would be entitled to damages. You are defending the whole of the claim.
The Claimant is then going to have to at some stage in the future ordered by the court, put together a detailed particulars of claim and you are going to have to put together a detailed defence.
Get the court papers submitted as soon as you can, don’t leave it till the last day because time is now getting short and we have a weekend. Send by recorded delivery.
The Claimant solicitor is just being difficult. Write to the solicitor and tell them that you have submitted a defence and they will get that from the court in due course. Tell them that you put them to strict proof of the existence of a contract between their client and you and that you require the recording and if they are not willing to let you have it, at your discretion, you will make a make an application to court for pre-action disclosure of the transcript recording and you will ask the court to award costs against their client.
What you can also do is simply make a Subject Access Request under section 7 of the Data Protection. You need to send the request to the Data Controller at the claimant along with a cheque for £10 and tell them exactly what you want from them which is basically the transcript and anything else they have which relates to their dealings with you. They have 40 days to reply.
If they don’t let you have that, then you could make the application to court for pre-action disclosure I mentioned in the earlier paragraph. There is no harm in telling the solicitors what you have done.
Depending on the content of the telephone conversations, you may end up picture relating and agreeing that you did, albeit mistakenly, enter into a contract.
I don’t know the substance of any dealings between you or whether the amount they are claiming is a genuine measure of their loss pursuant to your breach or whether they are just claiming the debt from you. They are not entitled to the full amount of the debt if they have not provided the service but they may be entitled to an amount of damages/compensation.
Can I clarify anything else for you?
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