If you’re applying to set aside a judgment, you will have to pay a court fee.
But how much is that court fee? And is there any way to avoid paying it?
What is the court fee when you apply to set aside a CCJ?
If you didn’t pay the CCJ within a month and you can’t way six years for it to expire, the only other way for a CCJ to be removed is an application to set it aside.
If you’re applying to the court for approval of a consent order, the fee is £108.
The court fee for an application to set aside judgment, without the claimant’s consent, is £275.
If you ask the court to send you a copy of the case details report or any other documents, the fee is £11, although they sometimes don’t charge for this if you never received a copy of the claim in the first place.
The above court fees were correct at the time of writing. However, court fees change from time to time, so check the government website before you begin the application process:
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50
Can you get help with paying the court fee when you apply to set aside a CCJ?
If you fulfil the eligibility criteria, for example, if you’re on benefits or have a low income, you may be entitled to help with paying the court fee when you apply to set aside a CCJ. That help will be either:
- not having to pay a court fee at all; or
- a reduction on the normal fee.
You can apply on paper or online. It’s quicker and easier to apply online.
How to Apply Online
The process for applying for help with fees online is:
- Go to https://www.gov.uk/get-help-with-court-fees and click ‘Start Now’;
- Enter your details and submit the application;
- You will receive a Help With Fees reference number (HWF-XXX-XXX);
- 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.
Applying on paper
If you’re sending your application to set aside judgment by post rather than email, you may prefer to submit your application for help with fees in paper form.
You can apply for help with fees on Form EX160: Apply for help with fees. You can access that here:
After completing the form, print it off, sign it and send it to the court with your application to set aside judgment. Court staff will process your applications simultaneously and let you know if you need to pay the fee or if they will require more information.
Paying subsequent fees
You’ll need to make a new application for help with fees each time you incur a court fee.
For example, you’ll need to apply for help with paying the initial fee of £275 when you submit your application to set aside judgment. If the claimant subsequently consents to judgment being set aside, you will need to apply again for help with paying the consent fee of £108.
Applying for a refund
If you have already paid the fee, you may be entitled to a refund. You can apply to get some or all of the court fee money back if:
- you paid the fee in the last three months (there appears to be some inconsistency between the court service’s guidance, which says three months (https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees/how-to-apply-for-help-with-fees-ex160a), and the legislation (Clause 9 of schedule 2 of The Civil Proceedings Fees Order 2008), which says six months https://www.legislation.gov.uk/uksi/2008/1053/schedule/2/made). We recommend that you issue your application within three months if you can. If you miss the three month deadline, make sure you apply within six months. You will have a good argument that it should be six months based on the legislation);
- you would have been eligible for help with fees if you had applied at the time.
Can you recover the court fee if you’re 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.
