Applying to Set Aside a Default Judgment? Move Fast!

Default Judgment - Be Prompt

Do you need to remove a CCJ? We’re happy to point you in the right direction.

Although we no longer offer this service ourselves, we recommend you contact CCJ Removal Services, a not-for-profit legal advice agency that specialises in CCJ Removal Advice & Support. They have a proven track record of successfully removing CCJ’s, evidenced by over 450 glowing testimonials from satisfied clients. They may not be a law firm regulated by the Solicitors Regulation Authority, but they’re a wonderful resource for guidance and will support you every step of the way. They offer a FREE 15-minute Case Assessment to discuss your unique situation and to establish if your CCJ can be removed. If they can help, they’ll outline the process, and clearly explain their affordable fixed fees. You can contact them on 0161 711 1455.

We believe in maintaining transparency and trust with our clients and website visitors. We want you to know that we recommend CCJ Removal Services because we genuinely believe they’ll do a great job for you, but we also receive a payment for this recommendation. This payment does not influence our decision to recommend them, nor does it affect the quality or cost of the legal services they provide to you. We’re here to help you make the best choice for your needs.

We’re sorry we can’t provide direct assistance with CCJ removal at this time. We wholeheartedly wish you success in resolving this matter.

Nobody likes to find out they’ve had a county court default judgment entered against them. It’s an order to pay money, so it mustn’t be ignored. However, in some circumstances, you may be able to have it set aside.

Make sure you act quickly though. Treat it as a priority. The temptation is to put it off and deal with it another day.

Here are a few reasons why you must make your application as soon as you can.

1. It’s affecting your credit rating

Before a lender offers credit to a prospective customer, they will will almost always carry out a credit check. If you’ve received a court order requiring you to pay money, this will have a dramatic effect on your credit rating and is likely to mean you can’t obtain credit.

Trying to persuade the lender that the default judgment is unfair or was wrongly entered won’t help you. While it’s on your credit file, you’ll be serious hindered in any attempts to obtain credit.

A poor credit rating may also affect your ability to find work. Many employers these days carry out a credit check as part of the recruitment process.

2. The claimant could take enforcement action

Whilst the default judgment remains in place, the claimant could take steps to enforce it. This could include:

  • bailiffs removing your goods
  • a bankruptcy order
  • an order to attend court of questioning

In addition, a claimant is entitled to claim 8% interest on the outstanding amount. This means that each day the order remains in place, the amount the claimant could recover from you is increasing.

Applying to set aside judgment doesn’t automatically mean that enforcement action stops. However, a claimant will probably agree to suspend any enforcement until after the court has heard your application.

Act fast to avoid the hassle of bailiffs knocking on your door.

3. The court will consider whether the application has been made promptly when making their decision

The court has a discretion to set the order aside. One of the most important factors they consider when exercising their decision is whether the application has been made promptly.

The word promptly is not defined and will depend on the circumstances of each case. However, some applications fail simply because the defendant waited too long before sending it to the court.

The defendant might try to justify any delay on the basis that:

  • they were trying to negotiate with the claimant
  • they didn’t know what they were supposed to do
  • they thought they needed all the evidence before they made the application

None of these reasons should be relied on as an excuse for not making the application promptly.

Apply straight away with the appropriate court fee. Then gather your evidence and discuss the possibility of a settlement with the claimant.