Setting Aside A County Court Judgment or CCJ

This debt advice applies to individuals in England and Wales only.

If you do not agree with the County Court Judgment, you can apply to cancel it or have it set aside by completing an N244 form and sending it to the court. This method is known as setting aside a CCJ.

CCJ stands for County Court Judgment, which is an order from the court to repay the money that you owe. In some cases, if you are not aware of your CCJ, or if your creditor failed to follow its due process, you can apply to cancel it. When a CCJ is set aside or canceled, it will also be taken out from your credit file.

Now, if you are worried about how you can deal with your CCJ with the current outbreak, check our financial help during the coronavirus pandemic.

Setting aside a court judgment would only be possible if your reason is valid and acceptable. Besides, there’s a fee for you to pay when applying to set aside a CCJ. So, if you don’t have pieces of evidence or good reason, you may just be ripping your own pocket.

If a CCJ is set aside, it automatically cancels the judgment. This does not erase your debt, but it stops the court order that was initially made. As soon as the judgment is canceled, you and your creditor go back to the same course before the judgment was imposed.

So, in this case, you’ll have the chance to put on an argument against the judgment, which you haven’t had the chance to relay when the claim was issued for the first time. This serves as your defense against the judgment issued.

How to Use the N244 form to Set Aside A CCJ?

If you wish to apply for a CCJ, you have to complete the N244 form. If you are not sure how to complete the form, you may ask for advice from our debt specialists.

The fee to apply cost £255. However, if your income can’t afford, you may seek help with court fees.

If you wish to apply for a CCJ, you have to complete the N244 form. If you are not sure how to complete the form, you may ask for advice from our debt specialists.

The fee to apply cost £255. However, if your income can’t afford, you may seek help with court fees. The form will require you to explain the reason why you wish to set aside the CCJ. If you haven’t responded to the claim sent by the court, you must explain the reason why. Also, you have to include your reason in case you are delayed in returning the form on the prescribed period.

If you apply to set it aside due to the incorrect amount claimed, you must include pieces of evidence that will support your dispute. Once completed, the N244 form should be submitted to the court together with its fee. We suggest to let your creditor know about it as well.

Do I Need to Attend Court Hearings to Set Aside A CCJ?

Most often, you need to attend a court hearing for your case. This will be held at the local hearing center, and you will be notified of the date and time. Although it sounds terrifying, this hearing is normally in a private room with a judge and sometimes your creditor or their solicitor. The judge in this matter will be unbiased and will come up with a just decision.

Arguable Defence

The hearing process to set aside a CCJ works in considering if the defendant’s statement or counterclaim is arguable. Once the court agrees that there is an arguable defence, the judgment will be set aside, allowing you to file for defense. The case will proceed with the protocol in place for the normal CCJ process for a defended claim.

Non Arguable Defence

In contrast, if the court perceived that the defense is not arguable, the judgment will stand and your application will be rejected. This can also happen when the court determines that the CCJ should not be set aside.

During this process, the court usually makes amendments to the CCJ to either cancel it or not. Some cases would require a second hearing to finalize the decision if there are things that need to be considered.

Moreover, if the court does not agree with your defense against the claim, another judgment will be imposed which is similar to the initial judgment made. For further information read about: Court Actions In England and Wales.

Can I Dispute A CJJ that I’m Not Aware Of?

Most of the reasons why people would likely to set aside a CCJ is if they are unaware of it. This is possible if the debtor moves out to a new home or location and haven’t informed the creditor of the current address. Also, this happens if you haven’t heard of your creditor for a couple of years and have forgotten about your old debt.

People as such may only find out about a CCJ when they come to check their credit rating or credit score. Most of the time it happens when they are being declined in their credit application. Additionally, there are also rare cases wherein the initial notice of a CCJ might be through bailiffs.

If any of the mentioned scenarios happens, your option is applying to aside a CCJ. Remember, an appeal to set aside a CCJ can only be helpful on your part when you can’t accommodate paying for the claimed amount.

Most of the time it’s more convenient and less expensive to appeal for affordable payments. This can be done by varying a CCJ.

This means if you’re unaware of the CCJ, you must verify the creditor that issued it. These details can be found in the court forms sent via post. If you did not get any forms, you may contact the court that issued the judgment and ask the name of the creditor. The court who issued it is also written in the forms.

What Are the Reasons to Set Aside A CCJ?

Below are some of the reasons to which you can be eligible in applying to set aside a CCJ:

  • The claim form was sent to an old address. You haven’t git any forms nor was made aware of the CCJ.
  • There were unfortunate issues concerning the post services reason why you did not get the claim form
  • You have responded to the claim form yet your creditor disregard it; or when your creditor asked for early judgment.

Along with the reasons mentioned, you must hold an arguable defense against the amount claimed. Some of which are as follows:

  • The amount or figures claimed is miscalculated
  • You have settled the debt in full before the judgment
  • The debt has passed its limitation period and is therefore considered as statute barred before the claim was issued. This can happen if your creditor took time in a taking court action to recover the debt.

In contrast, the court will usually disagree to set aside a CCJ if you received the claim form and responded within the time frame. If this is the case, you must present an arguable defense as soon as you get the form and include it in your response. Also, the court can set aside a CCJ if determined that it shouldn’t be issued in the first place.