How to set aside a CCJ you didn't know about

When can a CCJ be set aside?

1. You didn’t receive the claim

If the claim form went to an old address and you didn’t know about the case, the judgment may have been “wrongly entered”. In some cases the court must set it aside, for example if the claim wasn’t validly served. You’ll need to explain when you moved and how you found out.

2. You have a real prospect of defending it

Even if the papers reached you, the court can set aside a judgment if you have a real prospect of successfully defending the claim, or some other good reason. Examples include:

• you’d already paid the debt
• the debt isn’t yours (for example, identity fraud)
• the debt is statute-barred – see statute-barred debt explained
• the amount claimed is wrong

3. You act promptly

Courts look at how quickly you applied after finding out about the judgment. Apply as soon as you can.

How to apply

1. Get the details: the claim number and court from your credit file, the Registry Trust register or the creditor.
2. Ask the creditor to agree. Sometimes a creditor will agree to set aside a judgment that was sent to the wrong address. A signed agreement (consent order) makes things easier.
3. Complete form N244. Explain why the judgment should be set aside, attach evidence (such as proof of your address at the time), and include a draft defence if you have one.
4. Pay the court fee, or apply for Help with Fees (form EX160) if you’re on a low income or benefits.
5. Attend the hearing if one is listed.

What about bailiffs while you apply?

An N244 application doesn’t automatically stop enforcement. You can:

• ask the court in your N244 to stay (pause) enforcement until your application is decided
• tell the creditor and any bailiffs you’ve applied, and ask them to pause
• if county court bailiffs are involved, use form N245 to ask for the warrant to be suspended while you pay affordable amounts – see warrant of control and form N245

If the CCJ can’t be set aside

If you do owe the money and the judgment was properly made, you can still:

• pay in full within one month of the judgment to have it removed from the register (if still possible)
• ask the court to vary the payments to an affordable amount
• deal with all your debts together through a Debt Relief Order or IVA

Read what is a CCJ?

Frequently asked questions

How much does it cost to set aside a CCJ?

There’s a court fee for an N244 application. You may not have to pay it, or may pay less, if you qualify for Help with Fees.

How long do I have to set aside a CCJ?

There’s no fixed deadline, but you must act promptly once you know about it. The longer you wait, the harder it is.

Will setting aside a CCJ remove it from my credit file?

Yes. If the judgment is set aside, it should be removed from the register and your credit file.

Sources

• GOV.UK, Form N244: application notice
• GOV.UK, Get help paying court and tribunal fees
• Civil Procedure Rules, Part 13: setting aside or varying default judgment