Applying to Set Aside a Default Judgment? Don’t Make These Mistakes

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.

Mistakes in Application to Set Aside JudgmentIf you’re making an application to set aside a judgment, the process is not always straightforward. There are a few mistakes that you’ll need to avoid.

Here are three of the most common pitfalls that people fall into.

1. Delaying Too Long

One of the key factors that a court will look at whether your application has been made promptly.

The word ‘prompt’ is not defined and every case will be judged on its own merits. However, don’t hang around. You must act quickly to maximise your prospects of success.

The judge may have some sympathy with you if you can show that you weren’t aware of the CCJ when it was issued. For example, you may have been out of the country or sick in hospital.

However, the courts are strict (and getting stricter). You shouldn’t presume that they will have any sympathy with a late application. We recommend that you apply straight away. You can submit any evidence later.

2. Not making the most of the witness statement

The Court has a discretion to set aside the default judgment. But they will need some persuading.

Ideally, you need to show that you have a real prospect of successfully defending the claim. This doesn’t mean that you have to prove your case at this stage but you do need to show that your defence is more than just fanciful.

Explain  in the witness statement why you should be allowed to defend the claim. Provide a draft defence as an exhibit. That helps the court to understand what the dispute is about and why they should allow the case to proceed to a proper trial.

If you don’t have a defence to the claim, don’t panic. The court can still remove the judgment in other circumstances but you do have to show a good reason.

The most common reason is the effect the CCJ has on your credit record. If you admit the claim but you didn’t pay it because you weren’t aware of it, then it would be unjust for you to have an adverse credit record for the next 6 years.

Explain in the witness statement the detriment that the default judgment is causing you and why you were unable to respond to the claim before the judgment was entered. Often a court will set the judgment aside, even though the claim is admitted.

3. Presuming that the Court will set aside the judgment if both parties agree

After you’ve issued the application, it’s sensible to try to negotiate with the claimant.

However, it sometimes comes as a surprise to find that a court refuses to set aside a judgment, even though both parties consent to it. You should still give the court a good reason. Consent, on its own, is not enough.