Can I get a CCJ set aside?
Short answer
Yes. If a CCJ was entered in default (because you did not respond to the claim), you can apply to the court to have it set aside using Form N244. You must act promptly and show a real prospect of successfully defending the claim.
A County Court Judgment can be set aside (cancelled) by the court in certain circumstances. The most common situation is where a default judgment was entered because the debtor did not receive or respond to the original claim form — for example, because it was sent to an old address. Under CPR Rule 13.3, the court may set aside a default judgment if the defendant has a real prospect of successfully defending the claim or there is some other good reason to set it aside. The court will also consider whether the application was made promptly. To apply, you must complete Form N244 (application notice) and pay the court fee (currently £313 unless you qualify for Help with Fees — verify the current fee at GOV.UK before applying). You must also provide a draft defence or evidence explaining why the CCJ should be set aside. Courts have discretion and will consider the strength of your defence, any delay in applying, and the prejudice to the claimant if the judgment is set aside. If the CCJ was entered after a hearing that you attended (or had the opportunity to attend), setting it aside is much harder — you would normally need to appeal. Once a CCJ is set aside, the underlying claim continues and will be listed for a hearing. You should seek legal advice before applying to set aside a CCJ, as an unsuccessful application wastes costs and can be used against you in the proceedings.
In-depth guide
Read the full guide →Still need help?
Describe your specific situation and Case Buddy will explain what the law says — free, instantly, with no sign-up required.
Ask Case Buddy free