How To Set Aside A CCJ

Ok, so you have just found out you have a CCJ and want to dispute it? If you want to fight it rather than just pay it, you need to find out how to set aside a CCJ.

If you want to fight the CCJ thankfully, we have a pack you can download to help you with the process if you want to set aside a CCJ.

If you just want to pay it, have a look at our overview of obtaining a certificate of cancellation or certificate of satisfaction. If you pay the CCJ amount, it can help to repair the damage the CCJ will likely have caused to your credit rating. How quickly you pay it has a factor on how much repair it can do.

The Procedure To Set Aside A CCJ

Technically, the court considers the matter concluded if a CCJ has been entered. A CCJ authorises the Claimant to enforce the amount specified in the CCJ and get paid. Enforcement can include the bailiff, charging order against property, attachment of earnings and even bankruptcy.

However, you can try to re-open and defend the claim.

If you want to dispute the CCJ, you need to apply to court accordingly. Please note that this guidance and our pack relates to default judgment CCJs – CCJs where you didn’t know anything about the court proceedings or failed to respond in time with your defence. It is not appropriate to apply to set aside a CCJ if you lost at trial or the defence was struck out because in those cases you would either need to appeal or seek relief from sanction.

When applying to set a CCJ, the relevant rules to firstly consider are those in section 13 of the Civil Procedure Rules (“the CPR”). The CPR can be a bit scary and overwhelming at first but the procedure in applying to set aside a default judgment aren’t hugely difficult. It is a case of following the relevant rules when completing the necessary paperwork and paying the appropriate court fee.

You must act quickly in applying to set aside a CCJ as the speed in which the application is made can be a factor the court will take into account when deciding whether to set a CCJ aside. Until the court orders the Claimant to cease enforcement action, it is entitled to continue to enforce the CCJ whether by bailiff or other method. It is usually advisable to ask the court to order a stay of execution until the main application to set aside has been dealt with. This is sometimes overlooked by people and lawyers making a set aside application.

The process includes sending to the correct court, an application notice with evidence in support. The evidence typically consists of a witness statement and supporting documents to prove the points argued. It is also expected to provide a draft order setting out what you are asking the court to do. You must also send the correct fee.

There is a balancing exercising in getting the application to court promptly but also ensuring you do a thorough job in preparing the papers.

You can read rule 13 here. 

If you are overwhelmed by that, we recommend that you download our pack on how to set aside a CCJ which you can find below. It consists of a guide written in plain and easy to understand language, along with the precedent documents you need to finalise to send to court.