What is a CCJ and how do you apply to have one set aside?

A County Court Judgment (CCJ) is a court order requiring you to pay a debt. CCJs can be entered without a full trial if a defendant does not respond to a claim form. If a CCJ has been entered against you when you did not know about the claim, or where there are genuine grounds to challenge it, you can apply to have it set aside.

This guide explains what a CCJ is, the grounds for setting it aside and how the Form N244 procedure works.

What is a CCJ?

A County Court Judgment is a court order requiring the defendant to pay a sum of money. Most CCJs are entered as "default judgments" where:

• The claimant issued a claim form
• The defendant failed to file an acknowledgment of service or defence within the time limits
• The claimant applied to enter judgment in default

Default judgment can also be entered where the defendant has filed an admission of the claim.

Why CCJs matter

A CCJ has serious consequences:

Registration

CCJs are registered on the Register of Judgments, Orders and Fines, where they appear for 6 years (unless paid within one month, in which case they can be removed).

Credit rating

The CCJ appears on credit files and significantly damages credit scores. Mortgages, loans, credit cards and even tenancies can be affected.

Enforcement

The judgment can be enforced through various methods:

• Bailiffs and High Court Enforcement Officers
• Attachment of earnings orders
• Charging orders against property
• Third party debt orders
• Bankruptcy proceedings

Reputation

For businesses, CCJs can damage commercial relationships, particularly with banks and suppliers.

The two routes to set aside

CPR 13.2: Mandatory set aside

Under CPR 13.2, the court must set aside the judgment if:

• The judgment was wrongly entered (for example, because the claim was acknowledged in time)
• The whole of the claim was satisfied before judgment was entered
• The whole of the claim was paid before judgment

This route is mandatory. If you establish the grounds, the court must set aside the judgment.

CPR 13.3: Discretionary set aside

Under CPR 13.3, the court may set aside the judgment if either:

• The defendant has a real prospect of successfully defending the claim; or
• It appears to the court that there is some other good reason why the judgment should be set aside

This route is discretionary. Even if the criteria are met, the court will consider whether to exercise its discretion to set aside.

The "promptness" requirement

Whichever route is used, the application must be made promptly. CPR 13.3(2) specifically requires the court to consider whether the application was made promptly. Delay is one of the most common reasons set aside applications fail.

"Promptly" is judged in the circumstances. Months of delay without good reason will usually be fatal. Days or a few weeks may be acceptable, particularly if there is a good explanation.

The procedure

Form N244

The application is made on Form N244 (the standard application notice in civil proceedings). The form asks for:

• Your details
• The claim details
• The order you want (set aside)
• The grounds
• Whether you are providing a witness statement

Supporting witness statement

A witness statement supporting the application is essential. It should cover:

• The factual background
• Whether you were aware of the claim
• Whether you received the claim form
• The grounds for set aside
• The substance of your defence (if relying on CPR 13.3 prospects)
• Any explanation for delay
• What you propose should happen

Court fee

A court fee is payable. The amount depends on whether the application is on notice or without notice and whether there will be a hearing.

Service

The application must be served on the claimant.

The hearing

Most set aside applications are dealt with at a short hearing, typically 30 minutes to an hour. Both sides have the opportunity to make submissions.

The "real prospect of success" test

For a CPR 13.3 application based on prospects of defence, you need to show a "real prospect of successfully defending the claim". This is a relatively low threshold:

• The defence must be more than fanciful
• It does not need to be likely to succeed
• It does not need to be the strongest defence imaginable
• It must have some substance

The court looks at the evidence available. The witness statement should set out the factual and legal basis for the defence.

Common grounds for set aside

The claim form was not served

You did not receive the claim form. This is the most common ground. The court will want to see evidence that service was not effective.

Service at the wrong address

The claim was served at an address where you no longer lived, or at a business address you no longer used.

The claim is wrong on its face

The claim has obvious errors, such as suing the wrong person or claiming an amount that does not match the contract.

The debt is disputed

There is a genuine dispute about whether the debt is owed (the goods were never delivered, the work was never done, the contract is disputed).

Limitation

The claim was brought outside the limitation period.

Payment

The debt was paid before the claim was issued or before judgment was entered.

Identity

The defendant is not the person who owes the money (mistaken identity).

What evidence to bring

The claim form and judgment

The documents the court will need to consider.

Evidence of service issues

Proof of your address at the relevant time, evidence that you never received the claim, evidence of any change of address.

Evidence of the substantive defence

Documents supporting your defence: contracts, receipts, correspondence, photographs.

Evidence of prompt action

When you became aware of the judgment and the steps you took.

Explanation for any delay

If there has been delay, why it occurred and what you did.

The court's approach

The court will consider:

• Whether the procedural ground (mandatory) or substantive ground (discretionary) is made out
• The strength of any proposed defence
• Whether the application was made promptly
• The reasons for any delay
• The prejudice to the claimant if the judgment is set aside
• The wider interests of justice

Conditions on set aside

Where the court sets aside a judgment under CPR 13.3, it can impose conditions. Common conditions include:

• Payment into court of all or part of the disputed sum
• Filing a defence within a specified period
• Cooperation with directions for the future conduct of the case

Conditions are intended to protect the claimant and ensure the case progresses properly.

What happens after set aside

If the judgment is set aside, the case is restored to its position before default judgment. The defendant files a defence and the case proceeds:

• Allocation to a track
• Directions
• Disclosure
• Witness statements
• Trial

Most cases settle before trial.

If set aside is refused

If the application fails, the judgment stands. The defendant remains liable. Options at this stage include:

• Negotiating a payment plan with the claimant
• Applying for an instalment order
• Paying the judgment in full (which allows it to be marked "satisfied")
• Considering an appeal in limited circumstances

Removing a CCJ from your credit file

If a CCJ is paid in full within one month of being made, it can be removed from the register. Otherwise it stays on the register for 6 years but is marked "satisfied" once paid.

If a CCJ is set aside, it is removed from the register completely.

Common mistakes

Delay

Waiting too long before applying. Promptness is essential.

Weak witness statement

A vague or unsupported witness statement is unlikely to succeed. Detail matters.

Failing to address the defence

The court wants to see the substance of any proposed defence. A bare denial is not enough.

Wrong court

The application must usually be made to the court that entered the judgment.

Ignoring the claimant

Failing to engage with the other side's response or position usually weakens the application.

When to take legal advice

Set aside applications are technical and require careful preparation. For most cases involving any significant amount, taking specialist advice is worthwhile. A direct access barrister with civil litigation experience can advise on the prospects, draft the witness statement and represent you at the hearing on a fixed fee.

Looking for a barrister at short notice?

Direct access means you can instruct a specialist barrister without going through a solicitor first. This is often faster and significantly more cost-effective, particularly where the case is already part way through. Send us a short outline of your case and our team will respond the same working day.