Verbal agreement with Cabot

[DoctorP]

Hi, can anyone advise? I have a debt with Cabot. I contacted them in November last year with the intention of setting up an agreement. On checking my credit file I discovered they had recorded the debt twice, so I went through the long process of getting the FOS involved to get it corrected. At the time I was finishing a degree course and new I would start work this August, so I agreed verbally with their call centre that I would start paying in September this year after I started my new job. In August I was sent a county court claim letter by restons solicitors. When I pointed out to Cabot that we had a verbal agreement they just decided they couldn't access phone call recordings but were "confident their call handlers wouldn't miss anything" and are trying to push me to accept a Tamlin order for the original debt plus legal fees. Does anyone know if this is something I stand a cat in hells chance of fighting or do I have to pay the legal fees to avoid a CCJ?

[R0b]

Re: Verbal agreement with Cabot

Hi, can anyone advise? I have a debt with Cabot. I contacted them in November last year with the intention of setting up an agreement. On checking my credit file I discovered they had recorded the debt twice, so I went through the long process of getting the FOS involved to get it corrected. At the time I was finishing a degree course and new I would start work this August, so I agreed verbally with their call centre that I would start paying in September this year after I started my new job. In August I was sent a county court claim letter by restons solicitors. When I pointed out to Cabot that we had a verbal agreement they just decided they couldn't access phone call recordings but were "confident their call handlers wouldn't miss anything" and are trying to push me to accept a Tamlin order for the original debt plus legal fees. Does anyone know if this is something I stand a cat in hells chance of fighting or do I have to pay the legal fees to avoid a CCJ?

Hello, the problem that you have is verbal agreements are difficult to prove as it's your word against theirs. Did you follow the call up to Cabot confirming what was discussed on the phone and that you will begin paying from September? You could do a Subject Access Request against Cabot and if you recall the date and time roughly when you made that call you could request an audio copy of it or alternatively you could make an application to the court for specific disclosure of the audio recording as proof of what was said. The problem sometimes is that calls may only be kept for up to 6 months or less so the call may no longer be available.

Are you saying that when you agreed over the phone Cabot agreed a lower amount of the debt or is the only difference being the legal fees added on top? If it goes to court, then it will be a question of fact and the judge will probably decide on who is more credible and the more of a paper trail you have as well as having the correct facts and not changing your story, the better your credibility will be and the judge may likely find in your favour.

If they have issued a claim in August, have you filed a defence because if you haven't then it sounds like you are out of time and Cabot can file for a default judgment. If you have filed a defence, could you post up what you have put (with any personal info removed)?