What Are the Grounds for Setting Aside a CCJ? Time Limit!

A County Court Judgement (CCJ) can be a big worry if you’re not able to pay a debt. You might be concerned about what could happen next, like having to deal with bailiffs or debt collectors. But did you know you can get your CCJ cancelled? This article will explain how to do just that. 

Each month, over 12,000 people visit our site for advice on debt topics. You’re not alone.

In this article, we’ll talk about:

•  What a CCJ is and if you have to pay it.
•  How a CCJ is given and if you can make your repayments lower.
•  What it means to set aside a CCJ, and if this is easy to do.
•  Good reasons to set aside a CCJ and what happens if you didn’t get the court papers.
•  When and how a court can set your CCJ aside, including the time limit.

We know what it’s like to deal with CCJs, and we’re here to share our knowledge with you.

Ready to learn more about setting aside a CCJ? Let’s get started!

What is setting aside a CCJ?

Setting aside a CCJ is when a CCJ that has already been issued against you is cancelled, or “put to one side”. 

This doesn’t stop you from potentially owing the debt, but it does stop you from being legally obligated to pay the debt as part of a CCJ, and it does stop an immediate threat of bailiffs and other enforcement action. 

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Is it easy to get a CCJ set aside?

There are some applications to set aside a CCJ that the court must agree to. But there are also some arguments to set aside a CCJ that the court may or may not agree with.

Setting aside a CCJ – time limit!

There is no fixed time limit on asking for a CCJ to be set aside. However, if you’re using one of the grounds that the court must accept to set aside a default judgment, the court will want to see that you’re making the application “promptly”. 

What is a good reason to set aside a CCJ?

Good reasons to ask for a CCJ to be set aside are:

• The order was made against you while absent (this is in certain circumstances only such as being in hospital for an extended period)
• The CCJ includes an error
• You weren’t given an opportunity to defend yourself against the claim
• The correct process wasn’t followed

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Can you get a CCJ set aside if you didn’t receive court papers?

Despite what you might read elsewhere on the internet, the answer isn’t always yes. 

Court papers must be sent to your current or last known address, which may not be your most up-to-date address. 

You can argue that you never received court papers at the correct address only if the creditor/claimant should know that you live at your current address. This will help you get the CCJ set aside. 

But, if there is no way for the claimant to know your latest address and they send them to your old address, you might not be able to get the CCJ set aside for this reason. 

When must a court set aside your CCJ

The court must set aside a default judgment made against you where no hearing was made if:

1. The debt was fully repaid before the judgment was entered.
2. You submitted a defence within the time limit.
3. You returned an acknowledgement of service form indicating that you’re making a defence.

As long as you submitted your (intention to make a) defence within the time limit, a default CCJ must be set aside. 

When a court might set aside a CCJ

If you didn’t submit a defence on time but the court thinks you have a good chance of winning the case, the court might decide to set aside the CCJ as well. The court can also set aside the CCJ for other reasons if it so chooses. 

How do you apply to have a CCJ set aside?

You can apply to have a CCJ set aside by completing From N244. This form also allows you to request to have enforcement action stopped – such as bailiffs – while the application is heard.

Support Through Court is one charity that can help with the application forms.

You’ll then be asked to attend a court hearing at your local County Court. 

How much does it cost to set aside a CCJ?

There is a £275 fee to ask for the court to set aside a CCJ. People on a low income can sometimes get financial support to cover this fee. 

Speak with Citizens Advice for more information on this. 

Does setting aside a CCJ affect your credit score?

Source: https://forums.moneysavingexpert.com/discussion/6257065/ccj-set-aside 

Having a CCJ set aside will get the CCJ removed from your credit report, which will improve your score somewhat and your chances of getting approved for credit. 

However, before you get a CCJ your report will have been affected by default markers, which will have significantly decreased your credit score anyway.

Avoid any more CCJs with personalised help!

Avoid getting any more CCJs in the future with personalised debt help and advice from charities like National Debtline and StepChange.

You can also see some of the debt solutions and ways to write off debt on my How to Get Out of Debt page.