How do I apply to set aside a County Court judgment?
If you want to apply to set aside a CCJ, you’ll need to fill out an N244 form (pdf). The application fee is £255, but if you’re on a low income, you can apply to get help with court fees.
In the form, you’ll need to explain that you want to set aside the judgment and the reason why.
If you didn’t respond to the original claim form the court sent, explain the reason for this. If you delayed applying to set aside the CCJ after you found out about it, you should also explain why.
If you dispute the amount claimed, for example because the balance is wrong, or the debt was already statute barred before the claim was issued, explain this and include photocopies of any documents that support your argument.
If you’re unsure about how to fill out the application form, you can use these N244 guidance notes (pdf) to help.
You need to send the completed N244 form to the court along with the fee. It’s also a good idea to let the creditor know that you’re doing this.
In most cases there’ll be a court hearing about the case you that must attend. This should be at your local hearing centre, and the court will let you know when this is. Although this may sound worrying, a hearing like this is usually a private room with you, a judge and sometimes a representative from the creditor. The judge is impartial and will decide a fair outcome.
If you argue that you don’t owe anything and the court agrees with this, they‘ll cancel the judgment. If you argue that you owe less than the creditor claimed and the court agrees with you, they’ll give you a new judgment (CCJ) at the lower amount.
Sometimes another hearing may be needed to make a final decision if there are complicated issues to consider.
However, if the court doesn’t agree that you have a defence against the claim, they’ll make another judgment at the same amount as the first one. This means you’re back in the same position.