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Sued for a mobile phone or broadband debt in the UK, your defence options

Plain-English guide for UK consumers facing a county court claim for unpaid mobile or broadband bills. Defence routes, statute-barred, mis-sold contracts.

Peter Kolomiets12 min readUpdated 2026-05-28

Sued for a mobile phone or broadband debt in the UK? Your defence options explained

You've opened a letter from a law firm or debt collection agency. They're suing you on behalf of EE, Vodafone, O2, BT, Sky, or one of the big debt buyers like Lowell, Cabot, or Arrow Global. The claim: unpaid mobile phone or broadband charges of £800, £1,200, £3,500. Some of it you recognise. Some of it you're not sure about. Or you paid years ago and think they've left it too long.

You have options. This guide walks through them.

The short version

When a mobile network or debt buyer sues you for unpaid bills, you don't have to pay immediately. You can acknowledge the claim, request proof they have the right to sue, and build a defence. The most common defences are:

  • You never signed the contract, or they never proved you received the goods or service.
  • The claim is statute-barred: more than six years have passed since your last payment.
  • The contract was mis-sold (they didn't tell you the cost, terms, or that you were on a fixed contract).
  • Early termination fees were unfair or breached Ofcom rules.
  • Network coverage or service failures mean you paid for something they never delivered.
  • It's not your debt: identity fraud or a case of mistaken identity.

You have 28 days from receiving the claim form to file a defence. This is not about ignoring the letter. It's about responding properly and on time.

At a glance

Deadline Action Form
14 days Acknowledge service N9
28 days File your defence N9B
6 years Statute of limitations (standard contract) Limitation Act 1980
3 years Statute of limitations (personal injury) N/A for debt claims
Variable Ofcom complaints window (after payment dispute) Ofcom reference
12 months Small claims track limit (most mobile claims) Civil Procedure Rules

Key regulators and rules:

  • Ofcom governs mobile and broadband providers. They set rules on early termination fees, contract terms, mis-selling, and vulnerable consumer protections.
  • Consumer Credit Act 2015 applies if the contract is a consumer credit agreement (most mobile contracts are not, but broadband bundles with credit may be).
  • Consumer Rights Act 2015 applies to unfair contract terms and breaches of service.
  • Limitation Act 1980 defines how long creditors can sue. For most debts, it's six years from last payment.

Who sues for mobile phone and broadband debt?

The original network provider

Providers like EE, Vodafone, O2, BT, and Sky sometimes sue directly through their legal teams or in-house debt collection. They hold the original contract and full payment records.

When they sue, ask for:

  • The signed contract (with your signature or evidence you agreed online).
  • Full itemised statement from opening to claim date.
  • Evidence of all payment reminders and final default notices.

Debt buyers

More commonly, your debt has been sold to a debt buyer. Lowell, Cabot Financial, Arrow Global, and Wescot are large players. They buy bundles of old mobile debts for a fraction of face value. They may hold:

  • A partial contract (summary page only, not full terms).
  • Payment records from the original provider (sometimes incomplete).
  • But NOT always the original signed contract or proof you agreed.

When a debt buyer sues, ask for:

  • Proof of the chain of ownership (that they bought the debt legally from the original provider).
  • The original signed contract.
  • Full statement from the original provider.
  • Evidence they are licensed to collect (check FCA register: most are not regulated as lenders, so they're not on the FCA list, but they must follow Consumer Credit Act 2015 s.160 and Fair Collection Practices).

If they can't produce the original contract or chain of ownership, the claim weakens significantly.

Step 1: Acknowledge service within 14 days (Form N9)

When you receive the claim form (Form N1), you must respond within 14 days. If you do nothing, the claimant can apply for judgment in default (you lose without a hearing).

Your first move: acknowledge service. This buys you time.

Go to gov.uk/respond-county-court-claim. Download Form N9 (Acknowledgement of Service). You can fill it in by hand, print and post it, or file it online (if your local court allows). State:

  • You acknowledge receipt of the claim.
  • You will file a full defence within 28 days.
  • (Optional) You dispute the debt and require proof.

Post or file it before the 14-day deadline. Keep a copy and a proof of posting or filing receipt.

This moves you to the "defended case" track. Judgment is no longer automatic.

Step 2: Request the original contract and full statement

Once you've acknowledged service, write to the claimant's solicitor and ask for:

  1. The original signed contract (with your signature, or proof of online agreement with your email and IP address).
  2. Full itemised statement from day 1 to the claim date, showing every charge, credit, and payment.
  3. Evidence of default (final demand letter, Default Notice under Consumer Credit Act 2015 s.86B if applicable, or final reminder).
  4. Proof of ownership (if a debt buyer): assignment document from the original provider.
  5. Certificate of Court from any previous court action on the same debt (if any).

Request this formally in writing. Your solicitor can do this, or you can send a letter to their address on the claim form, titled "Request for Particulars of Claim and Supporting Documents (Civil Procedure Rules 18)".

They must provide this, or the court will order them to. Many claims collapse at this stage because the claimant can't produce the original contract or chain of ownership.

Defence route: Never signed or never received goods (no contract formed)

If you never signed the contract and can show you were never sent a contract for signature, the contract may never have been formed. This is a fundamental defence.

Evidence supporting this:

  • You have no copy of the contract. You never received one in the post.
  • Your email records show no contract link or terms sent to you.
  • The date they claim you signed is a date you were abroad, in hospital, or otherwise unavailable.
  • You can provide alternative phone bills from a different provider for that period, showing you were not a customer then.

The burden is on them to prove you signed or agreed. If they rely only on a computer record they created, ask for the metadata: who created the record, when, and how (form, IP address, email?).

This defence is strongest when the claimant is a debt buyer without the original contract.

Defence route: Statute-barred (six years from last payment)

The most powerful defence: time has run out.

Under the Limitation Act 1980 s.5, the claimant has six years from your last payment to sue. After six years, the debt is statute-barred. They can no longer take court action.

Key points:

  • The clock starts from the last payment you made, not the date the contract ended.
  • A payment of any amount resets the clock.
  • A part-payment or acknowledgement of the debt in writing resets the clock (so be careful what you admit to).
  • If you've made no payments for six years, the debt is statute-barred.

Example: You stopped paying EE in January 2019. It's now May 2026. More than six years have passed. EE cannot sue. If a debt buyer has recently sued, you can file a defence claiming the debt is statute-barred under the Limitation Act 1980.

To prove this:

  • Provide your own records of the last payment date (bank statements, provider records you've downloaded).
  • If you don't have records, state that six years have passed since you stopped paying and you've made no payments since. The claimant then bears the burden of proving a recent payment you made.

This is not a defence of "you don't owe the money". It's a defence of "the law says you can't sue me anymore". The court will uphold it.

Defence route: Mis-sold contract (Ofcom rules and vulnerable consumers)

Ofcom (the communications regulator) sets rules on how mobile and broadband contracts must be sold. If your provider broke those rules, you have a defence.

Common mis-selling routes:

Ofcom Rule Breach: Lack of clear pricing

You signed a contract but were not given clear information about the total charge, early termination fees, or minimum contract term. Ofcom requires providers to give you:

  • Total cost per month in a clear format.
  • Early termination fee (ETF) upfront.
  • Minimum contract term clearly stated.

If the provider failed to do this, the contract is unfair under Consumer Rights Act 2015 s.62 (unfair contract terms). You can claim the contract is not binding or is voidable.

Vulnerable consumer

If you were a vulnerable consumer at the time you signed (mental health issues, language barrier, age-related vulnerability, or financial difficulty), Ofcom and the Consumer Rights Act offer stronger protections.

Evidence:

  • Testimony that you disclosed your vulnerability to the provider.
  • Medical records (if relevant) showing your condition at the time.
  • Bank statements showing financial hardship.

Ofcom complaints history

If you complained to Ofcom about the contract during your time as a customer, that complaint record is relevant. You can reference it in your defence and ask the claimant to provide Ofcom's decision.

Defence route: Early termination unfair (Ofcom guidance on early termination fees)

Early termination fees (ETFs) are common in mobile contracts. If you left early and the provider is now claiming the remaining contract charges as "early termination", this may be unfair.

Ofcom guidance says:

  • An ETF must be a genuine pre-estimate of loss, not a penalty.
  • It must be proportionate to the time remaining and the provider's actual losses (system costs, loss of revenue, etc.).
  • A fee of 12 months' charges for a 24-month contract is often unreasonable if you've paid for, say, 20 months already.

Consumer Rights Act 2015 s.62 makes unfair contract terms unenforceable. An excessive ETF is likely unfair.

To build this defence:

  • Calculate what you'd paid by the date you left.
  • Compare the ETF charged to the remaining contract value.
  • Research whether the provider published ETF schedules (some do). If not, they broke Ofcom rules on transparency.
  • Cite relevant Ofcom consultation or decision on ETF fairness.

Defence route: Network coverage or service failures (breach of service)

If the provider failed to deliver the service you paid for, this is a breach of contract. You may have a claim-back or set-off.

Examples:

  • You signed up for 4G coverage in your area, but the provider never provided reliable coverage.
  • You were promised "unlimited" data but were throttled or cut off.
  • Broadband service was promised at 67 Mbps but consistently measured at 12 Mbps.
  • The service was out for extended periods (weeks), and you could not use it.

Ofcom publishes coverage maps and complaint data. You can research whether your area had known coverage issues during your contract period.

Evidence:

  • Screenshots of speed tests you ran during the contract (showing slow speeds).
  • Ofcom complaint records (if you filed one).
  • Contemporaneous emails or calls to customer service complaining about service.
  • Bills showing credit adjustments for service issues (if any were applied).

This defence is a set-off: you don't dispute the contract, but you claim damages for breach, reducing what you owe.

Defence route: Identity fraud or mistaken identity

If the debt is not yours, this is an absolute defence.

Examples:

  • Someone else opened the account in your name without permission.
  • Your ex-partner opened it under a joint address but you never authorised it.
  • A data breach at the provider allowed someone to clone your account.
  • The name or address on the claim is similar to yours but not exactly yours (mistaken identity).

Evidence:

  • Police report of identity fraud (if you've filed one).
  • Statement that you never opened the account or visited a provider's store.
  • Proof you were elsewhere on the date the account was opened.
  • Bank statement showing the account holder made payments from a different account than yours.
  • Credit reference agency report showing the account opened under your name but with details you don't recognise.

If you can show identity fraud, the court will strike out the claim against you and may order the provider to rectify the credit file.

Step 3: File your defence (Form N9B) within 28 days

Once you've gathered evidence and decided which defence to use, you must file your defence within 28 days of receiving the claim.

Download Form N9B (Defence) from gov.uk/respond-county-court-claim. You must state:

  • Which parts of the claim you admit, deny, or cannot admit/deny (because you don't have the evidence).
  • Your defence(s) in clear, numbered paragraphs.
  • The facts supporting your defence.
  • Which documents you'll rely on.

Example defence statement (statute-barred):

"The claimant's claim is statute-barred under the Limitation Act 1980 s.5. The defendant made the last payment towards this debt in January 2019. More than six years have elapsed since that date. No payment has been made since January 2019, and no acknowledgement of the debt in writing has been made. Under the Limitation Act 1980 s.5, the claimant's right to take action ceased in January 2025. The claim filed on 15 May 2026 is therefore time-barred."

File this by post or online before the 28-day deadline. Keep a proof of posting or filing receipt.

Step 4: Mediation and small claims hearing

After you file your defence, the case enters the "defended track".

Mediation

Most county courts offer free mediation before trial. You and the claimant (or their solicitor) discuss settlement. Mediation is informal and without prejudice: what you say cannot be used as evidence if the case goes to trial.

If mediation fails, the case proceeds to trial.

Small claims hearing

If the claim is under GBP 1,000, it usually stays on the small claims track. You'll have a hearing in front of a judge (usually in person at your local court, sometimes by video link).

At the hearing:

  • The claimant presents their case first (or their solicitor does).
  • You present your defence.
  • The judge asks questions.
  • You're allowed to bring a friend or representative (but not always a solicitor, depending on the court and judge).

The judge decides on the balance of probabilities. If they believe your defence is more likely true, you win. You may not have to pay, or you may be ordered to pay a reduced sum.

Costs

If you're on the small claims track and you lose, the claimant cannot recover their full legal costs. This keeps the risk manageable.

If you win, you may recover a small fixed costs contribution from the claimant.

Day to day: what happens when?

Week 1: You receive the claim form. Open it immediately and note the deadline (14 days from the date on the form, not the date you opened it).

Days 2-10: Request the original contract and statement from the claimant's solicitor. Start gathering your own evidence (bank statements, emails, call records, Ofcom complaints, speed test results).

Day 13: File Form N9 (Acknowledgement of Service) at the court. Fax, post, or file online. Keep proof.

Days 14-27: Build your defence. Write down the facts supporting your chosen defence. Gather supporting documents. Consider whether you need legal advice.

Day 27: File Form N9B (Defence) at the court. File before 4pm on the 28th day deadline.

Weeks 4-6: The court sends a case management questionnaire. You and the claimant fill it in, discussing whether you want mediation or trial.

Weeks 6-12: Mediation, if you both agree. Or, the case is set down for trial.

Weeks 12+: Trial preparation. You exchange documents and witness statements. The judge sets a trial date.

Trial: You attend court or join by video link. The judge hears both sides. A decision is made on the day, or within a few weeks.

Common misconceptions

"If I don't pay, they can take me to prison." False. Debt is civil. Prison is for criminal matters (fraud, theft) or for breaching a court order (e.g., a freezing order, or failing to pay ordered maintenance). You cannot go to prison simply for owing a debt.

"I have to pay the debt as soon as I get the letter." False. You have 28 days to respond and file a defence. Use that time to gather evidence and build your case.

"If the contract is in my name, I must owe it." Not necessarily. You must have signed or agreed to it. If the claimant can't prove you signed it, or if the claim is statute-barred, you have a defence.

"Debt buyers always have the right to sue." Not always. They must prove they own the debt (chain of ownership) and that you owe it. If they can't produce the original contract, their claim weakens.

"Ofcom will help me if I'm sued." Ofcom will not appear in court for you. But Ofcom decisions and guidance on unfair terms, mis-selling, and early termination are relevant evidence you can cite in your defence.

"I should ignore the letter and hope it goes away." Wrong. Ignoring it results in judgment in default (you lose without a hearing, and a CCJ goes on your credit file). Always respond within 14 days.

  • How to respond to a county court claim (the basic process)
  • Statute-barred debts: when you can't be sued
  • Credit card debt claims in the UK
  • Defending a claim for payday loans
  • Mis-sold contracts: Consumer Rights Act unfair terms
  • Early termination fees: when are they legal?
  • Identity fraud: how to defend
  • Ofcom complaints: how to file and win
  • Broadband contract disputes

Sources

Disclaimer

This page provides general information about UK legal principles and defence routes for mobile phone and broadband debt claims. It is not legal advice. Your situation is unique. Before filing a defence or relying on any of these routes, you should:

  1. Check the specific facts of your case (dates, amounts, whether you signed, etc.).
  2. Gather your own evidence (bank statements, emails, call records).
  3. Consider seeking advice from Citizens Advice, your local law centre, or a solicitor.

If you're on a low income, you may qualify for free legal aid. Contact your local law centre or Citizens Advice to check.

Courts apply the law to the facts of your case. A defence that works for one person may not work for another.

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

Peter Kolomiets
Founder, CaseCalm

I got sued in the UK and ended up defending myself in court for the better part of two years — reading the rules, filling in the forms, sitting through hearings. The system isn’t really scary once you’ve seen it from the inside. It’s just that nobody explains it.

So I started writing the guide I wish I’d had when the first letter arrived. That’s all this site is.

Sources

Not legal advice. This page is for information only. For your situation, consult a qualified solicitor or Direct Access barrister. This page provides information about UK mobile and broadband debt claims. It is not legal advice.