How to set aside a CCJ.
A County Court Judgment can affect your credit file, your business and your ability to borrow for six years. If it was entered without you having a fair chance to defend, it can often be set aside. Acting quickly is essential.
What a CCJ is and why it matters
A County Court Judgment, or CCJ, is a court order that you owe money. Most CCJs are entered by default: a claim was issued, the defendant did not file an acknowledgment of service or defence in time, and the claimant asked the court to enter judgment without a hearing. Very often the defendant never saw the claim form because it was sent to an old address.
Once entered, a CCJ is recorded on the Register of Judgments, Orders and Fines. If it is not paid within one month, it stays on your credit file for six years, and the creditor can take enforcement action such as instructing bailiffs, obtaining a charging order over property or applying for an attachment of earnings order. Paying the debt late does not remove the record; it only marks it as satisfied. Setting the judgment aside removes it entirely.
When can a CCJ be set aside?
Default judgments are governed by Part 13 of the Civil Procedure Rules. There are two routes.
Mandatory set aside (CPR 13.2)
The court must set aside a judgment that was wrongly entered, for example if it was entered before the time for responding had expired, if a defence had in fact been filed, or if the claim had already been paid in full.
Discretionary set aside (CPR 13.3)
The court may set aside a judgment where you have a real prospect of successfully defending the claim, or there is some other good reason why you should be allowed to defend, such as never having received the claim form.
Promptness
The court must consider whether you applied promptly once you found out about the judgment. Delay of even a few weeks without explanation can be fatal, so the application should be made as soon as possible.
Relief from sanctions
Courts also apply the Denton principles, looking at how serious the default was, why it happened and all the circumstances. A well prepared witness statement addressing each point makes a significant difference.
How to apply to set aside a CCJ
First, obtain the court file details. The judgment letter or your credit report will give the claim number and the court. You can ask the court for copies of the claim form and the request for judgment, which show the address the claim was sent to.
Second, prepare an application notice on form N244, asking the court to set aside the judgment and give directions for a defence to be filed. The court fee is payable when you issue the application, unless you qualify for help with fees.
Third, prepare a witness statement in support. This should explain when and how you learned of the judgment, why you did not respond to the claim, and why you have a real prospect of defending it, with documents attached. A draft defence should normally be filed with the application so the court can see the case you intend to run.
Fourth, attend the hearing. The judge will decide whether to set the judgment aside, often on the same day, and may make an order for costs. If the judgment is set aside, the claim continues as an ordinary defended case.
If enforcement is already under way, you can also ask the court to stay enforcement until the set aside application is decided.
Can a CCJ be removed if I pay it?
If you pay the full amount within one month of the judgment date, you can ask the court for a certificate of cancellation and the entry is removed from the register. After one month, payment only results in the judgment being marked as satisfied, which remains visible for six years. Agreeing with the creditor to consent to a set aside order is another option in some cases, particularly where the claim was sent to the wrong address, and a barrister can help negotiate that.
Why use a barrister for a CCJ set aside application?
Set aside applications are decided largely on the papers and the strength of the witness statement and draft defence. A barrister can assess quickly whether the mandatory or discretionary route applies, draft the evidence and defence to the right standard, and argue the application at the hearing. This matters most where the judgment is large, where it affects a mortgage, a business or professional standing, or where the claimant intends to oppose.
Under the Public Access scheme you can instruct a barrister directly, without a solicitor, for advice, drafting and representation. Typical fixed fees range from a few hundred pounds for a short written advice, through to around £750 to £2,000 plus VAT for drafting the application papers, with hearing attendance usually priced separately depending on the court, the barrister's experience and availability. Every fee is agreed before work starts.
How Clerk & Counsel helps
Send us the claim number, the judgment date and a short explanation of what happened. We will find a suitable civil barrister from our panel, confirm their availability for any hearing date and come back with a fixed quote. Because delay counts against you, we treat set aside enquiries as urgent.
Common questions
How long do I have to set aside a CCJ?
There is no fixed deadline, but the court must consider whether you acted promptly after learning of the judgment. Applying within days or a few weeks is far safer than waiting.
Can I set aside a CCJ if I did not receive the claim?
Often yes. Not receiving the claim because it was sent to an old address can be a good reason under CPR 13.3, although you will still usually need to show a real prospect of defending the claim.
What does it cost to set aside a CCJ?
There is a court fee for the N244 application, plus legal fees if you instruct a barrister. Counsel's fees are fixed in advance and depend on the work involved and whether a hearing is needed.
Will setting aside a CCJ clear my credit file?
Yes. If the judgment is set aside, the entry is removed from the Register of Judgments and credit reference agencies update their records.
Can I represent myself at a set aside hearing?
Yes, but the hearing turns on legal tests and evidence. Many people instruct a direct access barrister just for the drafting and the hearing while handling the rest themselves.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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