How to Get a CCJ Set Aside | Step-By-Step Guide

Discovering a County Court Judgment (CCJ) on your credit report can be overwhelming. Not only does it cause a significant drop in your credit score, but it can also hinder your ability to secure a mortgage, rent a property, or even obtain a mobile phone contract. In some cases, a CCJ could even affect your career prospects. This article will walk you through the steps to have a CCJ set aside, helping you to clear your credit file and regain control of your financial future.

What is a CCJ, and Can It Be Set Aside?

A CCJ is a court order that can be issued against you if you fail to repay a debt. If a CCJ is unjust, for example, because you weren’t aware of any claim against you, you may have grounds to apply to have it set aside. This means the judgment is cancelled, and the legal process is effectively reset, giving you another opportunity to respond to the claim. But how do you go about getting a CCJ set aside? In this article, you’ll learn the steps you need to take.

1. Gather Key Information About Your CCJ

Before taking any steps toward setting aside a CCJ, you need to collect all the relevant details. This information is critical for making informed decisions. Your credit report will typically provide the following:

• The date the CCJ was issued
• The claim number
• The amount owed
• The court that issued the judgment, often the County Court Business Centre

Once you have this information, contact the court to obtain further details, such as the claimant’s identity and the nature of the claim.

2. Determine the Best Course of Action

With the necessary information, you can decide the best way to proceed. There are three ways to remove a CCJ from your credit report:

1. Pay the CCJ within a month: If you settle the full amount within 30 days, the CCJ will be removed from your record.
2. Wait six years for the CCJ to expire: If you do nothing, the CCJ will remain on your credit report for six years before automatically being removed.
3. Apply to have the CCJ set aside: This option is appropriate if you believe the CCJ was issued incorrectly or you had no knowledge of the claim.

This article focuses on the third option—applying to have the CCJ set aside.

3. Act Quickly When Applying to Set Aside a CCJ

Time is of the essence when applying to set aside a CCJ. In most cases, courts are more likely to consider your application favourably if you act promptly. Delaying could harm your chances, so it’s crucial to prioritize this as soon as you become aware of the CCJ.

4. Choose the Right Grounds for Setting Aside the CCJ

The court will only set aside a CCJ if there are valid grounds. These include:

• Incorrect service of court papers: If the court papers were sent to the wrong address.
• A strong defence: If you have a valid defence against the claim.
• Other compelling reasons: For example, if you were unaware of the claim due to a change of address.

Carefully consider which grounds apply to your situation, and ensure your arguments are well-founded to avoid undermining your case.

To learn more, read our detailed guide to the grounds for removing a CCJ.

5. Seek the Claimant’s Consent

The process becomes significantly easier if the claimant consents to the judgment being set aside. If there is no opposition, the court is more likely to grant the application. Often, claimants will request full payment of the CCJ before consenting, which may be worth considering to expedite the process.

6. Complete the N244 Application Form

Regardless of whether the claimant consents, you must apply to the court using form N244 to have the CCJ set aside. If the claimant consents, include evidence of this, typically in the form of a consent order. Our detailed guide on completing the N244 application provides step-by-step instructions.

7. Compile Sufficient Evidence

As the applicant, the burden of proof lies with you. This means gathering and presenting compelling evidence to support your application. Examples include proof of address changes, notification to the claimant of your new address, and any documentation that supports your defence against the original claim.

To find out what other items you may need, take a look at our article outlining what evidence you need to remove a CCJ.

8. Draft a Comprehensive Witness Statement

Your witness statement is a critical piece of evidence, allowing you to tell your side of the story in your own words. It must adhere to the Civil Procedure Rules. Include details such as:

• Dates and details of any address changes
• Reasons for your lack of awareness of the claim
• Actions you took once you became aware of the CCJ
• The impact of the CCJ on your financial life

Ensure that your witness statement is truthful, as it holds the same weight as swearing on oath in court.

9. Prepare Thoroughly for the Hearing

Preparation is key to a successful outcome at your hearing. Review all documents thoroughly, including the application notice, witness statement, and any evidence provided by the claimant. Being well-prepared will help you confidently address any questions from the judge.

10. What to Expect at the Hearing

The court will notify you of the hearing details, whether it’s in person or via telephone. During the hearing, both you and the claimant will present your cases, and the judge will ask questions as needed. The judge will then make a decision based on the evidence presented.

Next Steps After the CCJ is Set Aside

If the court decides to set aside your CCJ, it will issue a formal order, which will be sent to you in writing. The court will update the Registry Trust, and the public register will reflect this change within 24 hours. Credit reference agencies will then update your credit report, usually within a week, significantly improving your credit score.

Final Thoughts

Getting a CCJ set aside can be a complex process, but with the right approach, it’s possible to clear your credit file and improve your financial situation. Act quickly, gather strong evidence, and seek legal advice if necessary to enhance your chances of success.

To learn more about removing a CCJ, have a look at our article: How to Remove a CCJ: All Your Questions Answered.