How to Set Aside a CCJ

Receiving a County Court Judgment can have significant financial consequences, particularly if the judgment appears on your credit file and affects your ability to obtain a mortgage, loan or other credit.

However, there are circumstances in which you can ask the court to set a judgment aside. This does not simply mean asking the court to cancel a CCJ because it is inconvenient. You will normally need to establish a proper legal basis for your application.

You can make the application yourself, instruct a solicitor to deal with it for you, or seek legal advice and representation from a Direct Access barrister.

What Does It Mean to Set Aside a CCJ?

A County Court Judgment (CCJ) is a court order confirming that one party owes money to another. A default judgment may be entered where a defendant fails to respond to a claim within the required time.

To set aside the judgment means asking the court to put the judgment aside, usually allowing the underlying claim to continue as though the judgment had not been entered.

This is different from simply paying the judgment. If you accept that you owe the money, paying a CCJ may satisfy the debt, but it does not necessarily mean the judgment was wrongly entered.

When Can a CCJ Be Set Aside?

There are circumstances where the court must set aside a default judgment. For example, this may apply where judgment was entered incorrectly because the procedural requirements for obtaining default judgment had not been satisfied.

In other circumstances, the court has discretion to set it aside.

Under the Civil Procedure Rules, the court may set aside a default judgment where the defendant has a real prospect of success in defending the claim or there is some other good reason why the judgment should be set aside or the defendant should be allowed to defend the claim.

The court will also consider whether the application has been made promptly.

A common situation is where someone says they did not receive the claim, perhaps because proceedings were sent to an old address. However, not knowing about the proceedings does not automatically guarantee that the CCJ will be set aside. The circumstances surrounding service, the proposed defence and the delay in making the application may all need to be considered.

How Do You Apply to Set Aside a CCJ?

An application will usually be made using Form N244, which is the general application notice used in civil proceedings.

You will need to explain what order you are asking the court to make and why. Depending on the circumstances, supporting evidence such as a witness statement and a draft defence may also be appropriate.

There is normally a court fee for making the application, although some applicants may qualify for help with court fees.

Once you apply to the court, the application may be listed for a hearing. At court hearings of this kind, the judge can consider the history of the proceedings, why judgment was entered, how quickly you acted and the merits of your proposed defence.

Can I Set Aside a CCJ Myself?

Yes. You do not have to instruct a lawyer to make an application to set aside a County Court Judgment. There are broadly three options.

Make the application yourself. You can complete Form N244, prepare your evidence and represent yourself at the hearing. This may be suitable where the issues are relatively straightforward and you are comfortable dealing with court procedure.

Instruct a solicitor. A solicitor can manage the application, correspondence, evidence and procedural requirements on your behalf and can arrange representation where necessary.

Instruct a Direct Access barrister. In appropriate cases, members of the public can instruct a suitably authorised barrister directly without first instructing a solicitor. This can be particularly useful where you are comfortable managing the administration of the case but want specialist advice on your prospects, assistance preparing the application or representation at the hearing. You can read more about how the direct access scheme works.

Will Setting Aside a CCJ Remove It From My Credit File?

If the court sets the judgment aside, the position is different from simply satisfying the judgment.

A judgment that has been set aside should be removed from the Register of Judgments, Orders and Fines. The information supplied from the register is used by credit reference agencies, so this should ultimately result in the CCJ being removed from your credit record.

However, an application to remove a CCJ should not be made purely because of its effect on your credit rating. You need an appropriate basis for asking the court to set aside the judgment.

It is also important to remember that setting aside the CCJ does not necessarily dispose of the original debt or claim. If the judgment is set aside, the underlying proceedings may continue and you may then need to defend the claim.

How Can a Direct Access Barrister Help?

If you are considering an application to set aside a CCJ, getting advice before submitting Form N244 can help you understand whether there is a proper basis for the application.

Barristers on the Clerk&Counsel panel can assist with matters including reviewing the judgment and claim documents, advising on your prospect of success, considering whether there is a good reason why the judgment should be set aside, advising on the proposed defence, helping with the preparation of relevant documents and representing you at the application hearing.

You do not necessarily need a solicitor to access this assistance. Where the matter is suitable for Public Access, our clerking team can connect you directly with an appropriately experienced barrister. If you are considering going to court without a solicitor, you may also find our guide on going to court without a solicitor useful.

If the case requires work that a Direct Access barrister cannot appropriately undertake, we will make that clear rather than suggesting that Public Access is suitable for every case.

Speak to Clerk&Counsel About Setting Aside a CCJ

If a default judgment has been entered against you and you believe there are grounds to challenge it, acting promptly is important.

Clerk&Counsel can help you find a Direct Access barrister who can assess your circumstances, advise on the application and, where required, represent you in court.

Contact our clerking team to discuss instructing a barrister to help set aside a CCJ.