N244 Form | Apply to Set Aside a CCJ | Step-by-Step Guide

If you need to set aside a County Court Judgment (CCJ) against you, the N244 application form is essential. This comprehensive guide will walk you through the steps to complete the N244 form correctly, increasing your chances of a successful outcome. From downloading the form to providing the necessary evidence and signing the statement of truth, we’ll cover everything you need to know. Follow our expert tips to maximize your prospects of success.

Downloading the N244 Form

To begin the process, you need to download the N244 application form. This form is available in PDF format from the official government website. You can download it here.

• Link to the government website: Ensure you have a stable internet connection to access the government website and download the form.
• Instructions for downloading: Click on the link provided, navigate to the download section, and save the PDF to your computer. Make sure you have a PDF reader installed to view and fill out the form.

Once you have downloaded the form, you can begin the process of applying to have the CCJ set aside.

How to complete the N244 application notice

There are various sections of the form you will need to complete.

Case Details Section

When completing the N244 application form, you’ll need to fill out various sections with your case details. Below are the specific fields and instructions for completing them accurately.

Name of the Court

This is the court that currently has the case file. Usually, it will be the Civil National Business Centre, but your case may have been transferred to a local hearing centre. Ensure you enter the correct court name to avoid any delays.

Claim Number

You can find the claim number on all court documents and your credit report. Enter this number exactly as it appears on your documents.

Fee Account Number

Ignore this section unless you are a legal professional with a direct debit arrangement with the court.

Help with Fees

If you’re applying for help with paying the court fee, enter the help with fees reference number in this section. This reference number is necessary to qualify for fee assistance.

Warrant Number

This section applies if the claimant has obtained a warrant of control, authorising bailiffs to take control of your possessions. If you received an enforcement notice with a warrant number, enter it here. Otherwise, leave this box blank.

Claimant’s Name

Enter the name of the person or company who obtained the judgment against you. Use the claimant’s name and not their legal representative’s name. If the claimant used a law firm, you might find a reference number in brackets, which you can include.

Defendant’s Name

Enter your full name in this section.

Date

This is the date you make your application. Enter the date in the format DD/MM/YYYY.

After completing these case details at the top of the form, you can proceed to the main body of the application.

Application Details Section

The main body of the N244 application consists of several questions. While many of these can be answered briefly with a single word or an ‘X’ in a box, some require more detailed responses. Below is a step-by-step guide to completing each question in this section.

Question 1 – Full Name

Enter your full name exactly as it appears on official documents.

Question 2 – Defendant Box

Put an ‘X’ in the box for the defendant, as you are the person against whom the judgment was made.

Question 3 – Grounds for Setting Aside Judgment

The N244 application is used for various types of applications. Here, you need to explain that you’re applying to set aside a judgment. You should also explain the grounds on which the court should set aside the CCJ and provide your reasons. Below is a suggested paragraph that covers each ground for setting aside a CCJ. Tailor it to your circumstances and remove any parts that don’t apply:

“That the default judgment dated [dd/mm/yyyy] be set aside. That any enforcement action be stayed pending the outcome of this application. The claim form was not properly served on me, and so the judgment must be set aside. Alternatively, I have a real prospect of successfully defending the claim and/or the evidence I have provided constitutes a good reason why the judgment should be set aside.”

Question 4 – Court Orders

Put an ‘X’ in the ‘No’ box. The judge will not expect you to draft court orders as a layperson.

Question 5 – Type of Hearing

You can ask the court to deal with your application at a hearing in person, a telephone hearing, or without a hearing. While asking the court to deal with your application without a hearing may be quicker, it is generally better to request a hearing (in person or via telephone) so you have the opportunity to explain your case directly to the judge.

Question 6 – Time Estimate

A simple application to set aside judgment typically takes between 40 minutes and an hour. It is recommended to estimate 1 hour. If the claimant has been uncooperative, they are unlikely to agree on a time estimate. Put an ‘X’ in the ‘No’ box indicating there is no agreement on the time estimate with the claimant.

Question 7 – Fixed Trial Date

This does not apply to an application to set aside a CCJ. Write ‘N/A’ (not applicable).

Question 8 – Level of Judge

An application for review requires a District Judge. Unless you know otherwise, put ‘District’.

Question 9 – Serving the Application

• Question 9: The court will serve your application on the claimant by posting it to them. The answer to this question is ‘Claimant’. If there is more than one claimant or another defendant, specify that here.
• Question 9a: This is not usually relevant to an application to set aside a CCJ. Write ‘N/A’.

After completing the application details, you will proceed to provide the necessary evidence supporting your application.

Providing Evidence

When applying to set aside a judgment, providing strong evidence is crucial to support your case. The N244 application allows you to outline the evidence you will rely on in support of your application. Below are the steps to complete this section.

Question 10 deals with the evidence you will be relying on to support your application. You have two main options here:

• Complete the witness statement at this stage and send it with the application.
• Provide evidence in the box provided on the form and submit a detailed witness statement later.

Both approaches have their advantages, but given the need to act promptly, it is often better to provide brief evidence in the box and follow up with a more detailed witness statement later. Drafting a persuasive witness statement supported by relevant evidence can take time, so delaying your application to prepare the statement may not be justifiable.

To learn more about how to persuade the court to find in your favour, read our in-depth article explaining what evidence you need to remove a CCJ.

Signing the Statement of Truth

You must verify the facts stated in section 10 with a statement of truth. This has the same significance as swearing an oath in court. Ensure that all information provided is 100% truthful, as making false statements could result in prosecution for contempt of court and potentially imprisonment.

• Electronic Signature: If you have the software to sign electronically, you can do this. An electronic signature is just as valid as an ink signature. If you don’t have the means to sign electronically, print the form and sign it manually.
• Applicant Signature: Put an ‘X’ in the first box to affirm that you believe the facts stated are true. The second box applies only if you have a legal representative, such as a solicitor. Enter your full name and the date of signing.

After signing the statement of truth, you can move on to the final details section of the application form.

Final Details

The final section of the N244 application form includes a few administrative details to complete before you submit the form. Here’s how to fill out this section correctly:

Legal Representative’s Firm

If you are acting on your own behalf and do not have a legal representative, you can ignore this section. If you have a solicitor or legal representative, they should enter the name of their firm.

Applicant’s Position

If you are signing on behalf of a company, enter your position within the company, such as “Managing Director” or “Company Secretary.” If you are acting as an individual, you can leave this box blank or write “N/A.”

Contact Details

Enter your contact details, including your phone number and email address. This information is crucial for any correspondence related to your application.

Submission and Preparation

After completing the form, the next steps involve submitting your application and preparing for the hearing.

Where to send the N244 Application

You must send the application notice to the court currently dealing with the case. That will often be the same court that issued the CCJ, usually the Civil National Business Centre. However, if the claimant has applied to enforce the judgment, the case file may have been transferred to your local hearing centre or the High Court. If you’re unsure, send the application to the court that issued the CCJ.

It’s usually best to send the application as a PDF attached to an email. This has become the most common way to communicate with the court service.

You must serve the application notice on the claimant. This means you must take certain steps to bring it to their attention. If a law firm is representing the claimant, you must send the application to that law firm. If the claimant or their legal representative has said they will accept service by email, you can do that. But if they haven’t, you will need to send a printed copy by post. If you don’t serve the application properly, there’s a risk that a strict judge may refuse to accept it.

What happens next?

The Civil National Business Centre will transfer the case file to a hearing centre, usually your local hearing centre. The Civil National Business Centre does not have the facilities to conduct hearings.

You will receive a letter notifying you of which hearing centre will deal with your application. You will subsequently receive notice of a hearing date from that hearing centre.

To learn more about next steps, read our step-by-step guide to getting a CCJ set aside.

FAQs: N244 Application to Set Aside a CCJ

What is a CCJ?

A CCJ is a court order requiring you to pay money to a claimant. It may have been issued without your knowledge if the claimant wasn’t aware of your current address. A CCJ on your credit history can prevent you from obtaining credit, such as a mortgage.

Can a CCJ be removed?

A CCJ can be set aside under certain conditions:

• If the claimant failed to properly notify you of the claim.
• If you have a valid defence.
• If there is another valid reason, such as the claim form being sent to the wrong address.

For an in-depth look at the various grounds, read our article about how to persuade a court to set aside a judgment.

What is an N244 Application?

An N244 Application is a formal court application used for various purposes, including setting aside a CCJ. This form is essential if you aim to remove the CCJ from your credit file.

How much does a N244 Form cost?

The court fee to submit an N244 application to set aside a CCJ is £303. However, if the claimant consents to the removal of the CCJ, the fee reduces to £119. The N244 form is available for free on the government website. For more information, read our detailed guide to CCJ removal costs.

Where do I send the N244 Form?

The N244 form should be sent to the court handling the case, which is usually the Civil National Business Centre. In some cases, the claim might have been transferred to a different court. The form can be sent either by email or by post.

What happens after I submit the N244 Form?

Once the N244 Application is submitted, the Civil National Business Centre will transfer the case file to a local hearing centre. If the claimant consents to the removal of the CCJ, you typically won’t need to attend a hearing. Instead, you will receive a response from the court indicating whether they have approved the consent order.

For more FAQ’s about removing a CCJ, have a look at our article: How to Remove a CCJ: All Your Questions Answered.