CCJ Removal: How Much Does It Really Cost? Find Out Here

Applying to remove a County Court Judgment (CCJ) is essential if you believe the judgment was incorrect or if you have a valid defence. One key aspect to consider is the court fee. This guide will break down the costs and provide you with a comprehensive understanding of what to expect financially when applying to the court to set aside a CCJ.

What is a CCJ and Why Set it Aside?

Definition of a CCJ

A County Court Judgment (CCJ) is a court order requiring you to pay money to a claimant. It can be registered against you if you fail to repay the money you owe. It impacts your credit rating and can affect your financial stability.

Reasons to Set Aside a CCJ

• Lack of notification about the court proceedings: If you didn’t receive the claim form, you may have good grounds to apply to the court to have the CCJ set aside.
• Valid defence against the claim: If you have a good defence to the claim, the court may set it aside if you act promptly

Understanding Court Fees

Standard Court Fee

As of the latest updates, the standard fee for applying to set aside a CCJ is £303. This fee must be paid at the time of application. You can check for any changes in the court fee on the government website.

Possible Additional Costs

• Legal advice or representation fees
• Costs for obtaining evidence or documentation
• Potential appeal costs if the initial application is denied

Is it cheaper if the Claimant agrees to the CCJ being removed?

If the Claimant agrees not to contest your application to remove the CCJ, you can agree to a consent order. This makes it much more likely that the court will set it aside. The fee for applying to the court with the consent of the Claimant is £119. If you agree to a consent order after you start the application process, the consent fee will be payable in addition to the application fee.

Can You Reduce the Court Fee?

Fee Remission Scheme

The UK government offers a fee remission scheme for individuals on low incomes or certain benefits. Eligibility is determined based on your financial circumstances.

Applying for Fee Remission

To apply for fee remission, you must complete form EX160 and provide evidence of your financial situation. This can significantly reduce or even eliminate the court fee.

How to Apply for a Fee Remission

The process for applying for help with fees online is:

1. Go to https://www.gov.uk/get-help-with-court-fees and click ‘Start Now’;
2. Enter your details and submit the application;
3. You will receive a Help With Fees reference number (HWF-XXX-XXX);
4. When you send the court your N244 application to set aside judgment, write that Help with Fees reference number in the box in the top right-hand corner of the application form.

The court staff will process your application for help with fees when they receive your application to set aside the CCJ. They will contact you to let you know whether your application for help with fees was successful or if they need more information.

You should continue with the application straight away and not wait for a response.

Process of Setting Aside a CCJ

Submitting Your Application

Complete form N244 to apply for setting aside the CCJ, including details about why you believe the judgment should be set aside and any supporting evidence.

Court Hearing

Attend the court hearing, where a judge will review your application and evidence. The judge will decide whether to set aside the judgment based on the information provided.

FAQs

How much is the court fee to set aside a CCJ?

The standard court fee is £303, but do check the government website for any changes.

Can I get help with the court fee?

Yes, you can apply for fee remission if you meet the eligibility criteria.

What form do I need to apply to set aside a CCJ?

You need to complete form N244.

Do I need legal advice to set aside a CCJ?

While not mandatory, legal advice can be helpful, especially if your case is complex. Many firms offer a free initial consultation.

What happens if my application to set aside a CCJ is denied?

You may be able to appeal the decision, which could involve additional costs.

Can the court fee be refunded if my application is successful?

If your application is successful and judgment is set aside, the judge may order the claimant to pay you the amount of any court fee you’ve incurred.

Conclusion

Anyone considering this legal route must understand the court fees involved in applying to set aside a CCJ. By knowing the costs and exploring options for fee remission, you can better prepare for the financial aspects of setting aside a judgment. Always consider seeking legal advice to navigate the process effectively and improve your chances of success.