How to defend ccj

[Roxy123]

My husband today has received a ccj form from BT which we would like to try and defend as basically around 18months ago we had broadband with them and the service was shocking basically they weren’t providing the level of service slow speeds, dropping out all the time and not really useable and despite over 15 -20 calls with them to try and resolve of which half the time they would hang up the phone as they didn’t know what to do as they couldn’t resolve the problem and them sending a phone engineer to try and fix a broadband problem the engineer even said no idea why they have sent me I can’t fix it we basically said we are leaving mid contract as we felt they were in breach any way after a couple of final bill which we refused to pay they have now sent us a ccj form for £220 ( the original bill was for less than a £100 I think
my question is can we defend it and if so how
many thanks

[MIKE770]

explain what you are saying i..e. threat of court action? or an actual case been dealt with and a CJJ obtained against him, if so did you defend more basic info would be advisable please?

jaguar1954

[Roxy123]

He received court forms from Northampton court yesterday stating that BT are wanting to obtain a ccj so not yet a ccj but we have 14 days to respond so he wants to defend the whole amount, which we aren’t sure if you can for poor service he has had no default letter prior to this just a few letters saying he owes them etc etc nothing on credit report either

[MIKE770]

post copy redacted of what you have received?

[MIKE770]

Pre-Action Letters anything like this?

[Roxy123]

Just tried and i can’t seem to upload as the image is too large it’s basically a claim form for county court Lowell are the solicitors

[MIKE770]

she will be able to help downloading it Amethyst

[Roxy123]

[Amethyst]

IT's okay, good eyesight and it looks pretty much standard fayre from Lowell.

So first thing to do is to register and log in to moneyclaim online, the details are on the claim form. Once you're in you want to acknowledge the claim and tick intend to defend in full box. That's all, don't carry on to the defence part yet. All you're doing is ensuring that Lowell can't obtain a default judgment and giving yourself 33 days from the issue date to sort out what you want to do with this.

Then you want to send a couple letters off... first a SAR to BT - to obtain all the information they hold about this account - Subject Access Request Letter
to help you find out what happened with the account and the dispute/complaint you had and whether there was actually any amount left owing, and if the dispute/complaint hadn't been resolved whether you can argue any 'outstanding' amount isn't due to them due to their breach of contract ( in not supplying the services)

Then a CPR request to Lowell, there's not a huge amount of documents mentioned but you should ask for the Agreement and Terms, Default/Termination Notice and Notice of Assignment.
CPR 31.14 Request

[Roxy123]

Thank you that’s really helpful