Sued for a credit card debt in the UK, your rights and what to do

You've just opened an official-looking envelope from the court. A credit card company or debt collection firm is suing you in the county court for unpaid credit card debt. Your hands are shaking. You're wondering what happens next, whether you can actually defend yourself, and how much this is going to cost you.

The good news: you have rights, and the law is on your side in ways the claimant might hope you never discover. You have 14 days to acknowledge the claim and 28 days to file a defence. You can challenge whether the debt is even enforceable. You can request proof that the creditor actually owns the debt and has the legal right to sue. And if the debt is older than six years and nobody has made you acknowledge it in writing, it may be statute-barred, meaning they cannot get a judgment against you at all.

This guide walks you through every step, from the moment you open that envelope to defending yourself in court.

The short version

1. Acknowledge service within 14 days using form N9 (posted to the court and claimant). This buys you 28 more days to decide your next move.
2. Send a section 78 CCA 1974 request (£1 fee) asking the lender to prove they own the debt and hold the original credit agreement. They must reply within 12 working days.
3. Check if the debt is statute-barred. If the last payment was more than six years ago and you haven't acknowledged the debt in writing, the claim may be unenforceable.
4. Decide your defence position. Options: no enforceable agreement, statute-barred, breach of Consumer Credit Act, amount disputed, or other grounds.
5. File your defence using form N9B within 28 days of service.
6. Prepare for mediation or trial if the case proceeds.

At a glance

What happened: who is suing you

When you missed credit card payments, the bank or credit card issuer kept trying to recover the debt for a period (usually 6-12 months). At some point, they either handed the debt to an in-house collections team or sold it to a third-party debt collection company. That company (firms like Cabot, Lowell, Arrow Global, Gladstone, Voscur, or dozens of others) is now suing you.

You will receive a "Claim Form" (a legal document) by post, along with a "Particulars of Claim" (a statement of what they say you owe). The claim form will name the court, the claimant (the creditor or debt buyer), you as the defendant, and the amount they say you owe.

You now have exactly 14 days from the date the claim form is served on you to tell the court you intend to defend the claim. If you do nothing, the court will enter a default judgment, a court order saying you owe the money, which ruins your credit file and may trigger enforcement action (county court judgment, CCJ; wage garnishment; bailiff visits).

Original creditor vs debt buyer: what the difference means legally

The bank or credit card issuer that issued your card is the original creditor. If they are suing you, they have the original credit agreement on file. They issued the card, they accepted the payments (or non-payments), and they have a clear chain of title to the debt.

A debt buyer (such as Cabot or Lowell) is a third party who bought the debt from the original creditor or from another buyer. Debt buyers purchase portfolios of debts at a steep discount (often 5-20% of face value) and then pursue collection. By law, when a debt is sold, the original creditor must serve a statutory "assignment notice" on the debtor, informing you of the sale and giving you the new owner's contact details.

Why this matters:

• Original creditors are more likely to have complete paperwork and a clear legal route to judgment.
• Debt buyers often lack a complete assignment chain. If the original creditor failed to serve an assignment notice, or if the debt was sold multiple times and the chain is broken, the debt buyer may not have the legal right to sue you.
• If the debt buyer cannot prove they own the debt, your defence is straightforward: they lack standing to bring the claim.

This is why your section 78 request (see below) is so powerful. When you demand proof of the original agreement and proof of assignment, many debt buyers cannot provide it, and if they cannot, they lose the right to pursue the claim.

Step 1: Acknowledge service within 14 days (N9)

The moment you receive the claim form, note the date. You have 14 calendar days to acknowledge service using form N9 (Acknowledgment of Service).

What form N9 does:

• Tells the court you have received the claim and intend to defend it.
• Stops the court from entering a default judgment immediately.
• Gives you an extra 14 days (on top of the original 28) to file your full written defence.

How to file:

1. Download form N9 from the courts website (www.gov.uk/respond-county-court-claim).
2. Complete it with your name, the claim reference number, and tick the box saying you intend to defend.
3. Print and sign it.
4. Send a copy to the court (the address will be on the claim form) and a copy to the claimant's solicitors (their address will also be on the claim form). Use recorded delivery or post it with evidence of posting.

Cost: Free.

What happens next: The court will acknowledge receipt. You now have until 28 days after service to file your defence form (N9B).

Step 2: Send a CCA 1974 section 78 request (£1 fee)

The Consumer Credit Act 1974 section 78 gives you a powerful right. You can demand that the creditor prove they hold the original regulated credit agreement and provide you with a copy of the signed agreement, all prescribed terms, and a statement of account.

Why this matters:

If the original agreement is defective or was never properly regulated under the Consumer Credit Act, the creditor may lose the right to take court action against you. Many agreements from the 1990s and early 2000s have technical defects: missing creditor details, incorrect interest rates, improper pre-contract disclosures, or terms that do not comply with CCA regulations.

If the debt buyer (not the original creditor) cannot produce the agreement, they cannot prove they own a valid debt, and the claim fails.

How to send the request:

Write a letter (or use a template) saying:

Dear [Claimant/Lender],

Re: Credit card claim [court reference], defendant [your name]

I hereby request a copy of the original regulated credit agreement and prescribed terms in accordance with Consumer Credit Act 1974 section 78.

I enclose a cheque for £1 [or "I will pay £1 upon receipt of the documentation"].

Please provide this within 12 working days of receipt.

Yours faithfully,

[Your name]

Send to: The claimant's solicitors (address on the claim form).

The 12-day clock: The creditor has 12 working days to comply. If they fail to supply the agreement or a full response, you can use this breach as a defence in court. Many courts treat a failure to respond to a section 78 request as a serious procedural breach that can lead to summary judgment in your favour or a costs award against the creditor.

Cost: £1.

Step 3: Check if the debt is statute-barred (6 years from cause of action)

Under the Limitation Act 1980, a creditor cannot enforce a debt in court if it is older than six years from the date when the cause of action arose. For credit card debt, the cause of action is the date of the last payment or acknowledged debt in writing.

Is your debt statute-barred?

• If your last payment was more than six years ago and you have not written to acknowledge the debt in that time, the debt is statute-barred. The creditor cannot obtain a judgment.
• If you have written to the creditor acknowledging the debt (even in a letter saying "I intend to pay you back when I can"), the six-year clock restarts.
• If you have made a part-payment within the last six years, the clock restarts from that date.

Check your records:

Go through your bank statements, letters from the creditor, and emails. Find the last date you made a payment on the credit card. If that date is more than six years before you received the claim, note it down.

Using statute-barred as a defence:

When you file your defence (N9B), tick the box for "statute-barred" and set out the dates in your statement. The burden is then on the claimant to prove that you have acknowledged the debt in writing or made a payment within the last six years. If they cannot, the court will dismiss the claim.

Step 4: Decide your defence position

Before filing your defence, think clearly about what grounds you have. Common defences include:

No enforceable agreement

The creditor cannot prove they hold a valid, regulated credit agreement. This is often combined with a section 78 request breach.

Statute-barred

The debt is older than six years from the last acknowledged payment or payment itself.

Breach of Consumer Credit Act

The credit agreement was not properly regulated, or the creditor breached section 77 (information provision) or section 87 (default notice) requirements.

Lack of default notice

Under section 87 of the Consumer Credit Act, the creditor must serve a notice of default on you before taking court action. If they cannot prove they did, the claim may fail.

Missing or defective assignment notice

If the debt was sold to a debt buyer, the assignment notice (informing you of the sale and giving you the new owner's details) may be missing or defective. Without a valid assignment, the new owner lacks standing to sue.

Amount disputed

You dispute the amount of the debt. If the creditor's figures do not match your records, flag this in your defence.

Other defects

Improper service, wrong court, creditor identity issues, duress, or other grounds.

Step 5: File your defence (N9B) within 28 days

Once you have gathered evidence (bank statements, credit agreement, correspondence), identified your defence, and completed your section 78 request, you file form N9B (Defence).

How to file:

1. Download form N9B from www.gov.uk/respond-county-court-claim.
2. Fill in the court reference, your name, the claimant's name, and the claim amount.
3. In the "defence" section, set out your grounds clearly and concisely. For example:
   • "The claim is statute-barred. The last payment was made on [date], more than six years ago."
   • "The claimant has failed to provide a valid credit agreement despite a section 78 request dated [date]."
   • "The debt buyer failed to serve an assignment notice as required by law."
4. Attach copies of your evidence (bank statements, section 78 request letter, assignment notice if received, etc.).
5. Print, sign, and send the original to the court and a copy to the claimant's solicitors. Use recorded delivery.

Cost: Free.

If you have filed N9 (acknowledgment of service), the N9B deadline is 28 days from the original service date.

Step 6: Mediation and allocation

Once the claimant receives your defence, the case does not automatically go to trial. The court will send both parties to a mediation appointment (Small Claims Mediation, usually by phone). Mediation is a free, confidential discussion with a mediator (not a judge) aimed at settling the dispute.

If mediation fails, the court will allocate the case to a track (small claims, fast track, or multi-track) based on the amount and complexity.

• Small claims track (up to £10,000): informal hearing, judgment by a judge or district judge, costs rarely awarded, limited evidence.
• Fast track (£10,000-£100,000): structured timetable, written submissions, trial, costs awarded.

What happens if you ignore the claim (default judgment, CCJ on credit file)

If you do not acknowledge service by day 14 and do not file a defence by day 28, the court will enter a default judgment. This is a court order saying you owe the debt in full.

Default judgment has serious consequences:

• County Court Judgment (CCJ): Your name and the judgment appear on the Registry of Judgments, Orders and Fines (ROJF) for six years. This ruins your credit file and makes it nearly impossible to borrow, rent a home, or get a mortgage.
• Enforcement: The creditor can then apply for a county court judgment and use enforcement tools: wages garnishment, charging orders against your home, bailiff visits, or freezing bank accounts.
• No defence opportunity: Once a default judgment is entered, you have only 28 days to apply to set it aside. The court can refuse if you have no reasonable grounds.

Do not ignore the claim.

Day to day: timeline week by week

Week 1: You receive the claim form. Read it carefully. Note the service date (printed on the form). Count 14 days from that date.

Day 14: Post form N9 (acknowledgment of service) to the court and claimant's solicitors by recorded delivery. Send your section 78 request (£1 fee) to the claimant's solicitors.

Days 14-28: Gather evidence. Review your bank statements, credit agreements, correspondence with the creditor. Check if the debt is statute-barred.

Day 28: File form N9B (defence) by recorded delivery to the court and claimant's solicitors.

Days 28-40: The claimant has time to file a reply to your defence (if they choose). The court will send both parties to mediation.

Weeks 5-8: Mediation appointment (usually by phone). Attend. Listen to the mediator. Discuss settlement options.

If mediation fails: The case is allocated to a track. Witness statements and evidence are exchanged. The case is listed for trial or judgment.

Common misconceptions

Myth 1: "If I don't respond, they can't win." False. If you do not acknowledge service and file a defence, the court will enter a default judgment automatically. The creditor does not have to prove anything. Your only remedy is to apply to set aside the judgment, which is difficult and often fails.

Myth 2: "I must attend court in person to defend." False. In small claims, you can defend by written statement alone. You do not have to attend court unless the judge orders it. Most debt claims are decided on paperwork.

Myth 3: "A debt buyer has the right to sue just because they bought the debt." False. A debt buyer must prove they legally own the debt and have a valid assignment chain. If the original creditor failed to serve an assignment notice, the debt buyer may not have standing.

Myth 4: "If I acknowledge the debt exists, I lose my case." False. Acknowledging you had a credit card and that you missed payments is not the same as acknowledging you owe the amount claimed. You can dispute the amount, challenge whether the debt is enforceable, or claim it is statute-barred.

Myth 5: "Section 78 requests are frivolous and courts hate them." False. Section 78 is a statutory right under the Consumer Credit Act. Courts take it seriously. If a creditor fails to respond properly, it is a serious breach and strengthens your defence.

Myth 6: "Debt buyers are always legitimate. They must have won every case they file." False. Debt buyers file thousands of claims, many of which are defended successfully. Many lack proper documentation, fail to prove assignment, or cannot provide a valid credit agreement. Do not assume they are stronger than you.

Related concepts

• Set aside a county court judgment in the UK: how to reopen a default judgment
• County Court Judgment (CCJ): what it means and how long it stays on your credit file
• Form N9: Acknowledgment of Service explained
• Form N9B: Defence form, line by line
• Statute-barred debt: is your debt enforceable?
• Consumer Credit Act section 77 and 78: your rights as a debtor
• Assignment of debt: who can sue you?
• Default notice section 87: what the creditor must do first
• Mediation and settlement in county court claims

Sources

• Consumer Credit Act 1974
• Ministry of Justice: Respond to a county court claim
• Citizens Advice: Debt: Dealing with a court claim
• Limitation Act 1980
• Courts and Tribunals Judiciary: County Court Guidance

Disclaimer: This page provides general information about UK county court procedure and the Consumer Credit Act 1974. It is not legal advice, and you should not rely on it as a substitute for advice from a solicitor or barrister. Every case is different. If you are unsure whether the information applies to your situation, contact Citizens Advice, StepChange, or a solicitor.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.