How to remove or set aside a CCJ

Most people searching for this want the judgment gone from their credit file. Before spending money on it, work out which route fits your situation. If you owe the money and the one-month window has passed, the honest answer is that the entry will stay until 6 years after the judgment date, and the most useful thing you can do is pay it or keep to the instalments so it shows as satisfied. This guide covers England and Wales.

What are the ways to get a CCJ removed?

How does paying within one month work?

If you pay the whole amount within one calendar month of the date on the judgment, you can ask the court to cancel it, and it is removed from the register. Part payment in that month is not enough. You apply on form N443 with proof of payment, and the fee is £19. Our guide to satisfied and cancelled CCJs explains the one-month rule with an example and what to do if the creditor will not confirm payment.

When will a court set aside a CCJ?

“Setting aside” means the court cancels its own judgment. Many CCJs are made in default, because no response was filed in time, and the Civil Procedure Rules set out when a default judgment can be set aside.

When the court must set it aside

• the judgment was entered when it should not have been, for example before your time to respond had run out, or after you had already filed an acknowledgment or a defence
• you had paid the whole claim, including any costs, before the judgment was entered

When the court may set it aside

• you have a real prospect of successfully defending the claim, for example because the debt is not yours, the amount is wrong or the debt was statute-barred
• there is some other good reason, which the court judges on the facts

In deciding, the court must consider whether you applied promptly. That makes timing important: an application made as soon as you find out is much stronger than one made months later.

If the judgment was made at a hearing rather than in default, different rules apply, so get advice before applying.

What if the judgment was made without your knowledge?

This is the most common reason people find a CCJ they did not expect. The claim may have gone to an old address, been sent to the wrong person, or been made in your name by someone who used your identity.

1. Find out what the judgment is. Search the register to get the court, the claim number and the date. See how to check if you have a CCJ.
2. Contact the court that made the judgment, quoting the claim number, and ask for copies of the claim form and the judgment. This tells you where the claim was sent and who the creditor is.
3. Contact the creditor. If it accepts the claim should not have gone ahead, for example because you had already paid or it was not your debt, ask whether it will agree to the judgment being set aside. An application by consent is simpler and usually cheaper.
4. Apply promptly. Delay can count against you. Apply as soon as you can once you know about the judgment, and explain in your application when and how you found out.

If the debt was taken out in your name by someone else, report it as fraud to the creditor and to Action Fraud, and tell the court when you apply.

How do you apply to set aside a CCJ?

You apply to the court on form N244, the general application notice. GOV.UK explains the process in its guide to cancelling a judgment.

1. Complete form N244. Say that you are asking the court to set aside the judgment and give the claim number.
2. Include your evidence. The application must be supported by evidence. In a witness statement, explain when and how you found out about the judgment, why you did not respond to the claim, and why you do not owe the money. Attach a draft defence and any documents, such as proof of your address at the time or proof of payment.
3. Pay the fee. The court fee is £321 for an application where the creditor is notified, or £126 if the creditor agrees to it (an application by consent). If you are on a low income or benefits, you may be able to get help with court fees.
4. Go to the hearing. There is usually a hearing. If the claim was for a fixed sum of money against you as an individual, the case is transferred to your home court. If you lose, you could be ordered to pay the creditor’s costs as well as losing the fee.

If the court sets the judgment aside, it is removed from the register, and the claim usually carries on from the point where you can file a defence. If the creditor then drops the claim or you win, there is no judgment. If the creditor wins at a hearing, a new judgment can be made.

For a claim sent to an old address, expect the court to look closely at whether that is a good reason to set the judgment aside, whether you have a real defence, and how quickly you acted once you found out. Keep evidence of when you moved, such as a tenancy agreement or council tax bill, and when you first learned of the judgment.

What if you owe the money but cannot pay?

Setting aside is not the answer if the judgment was properly made and you owe the debt. Instead:

• Ask the court to change the payment terms on form N245 if you cannot afford the instalments. The fee is £16 and the court decides the new amount. This does not remove the judgment.
• Pay what you can as ordered, so the creditor has no reason to enforce and the entry is marked satisfied once it is cleared.
• If you have several debts, look at whether a formal solution would deal with them together. The debt solutions comparison sets out the options, and free, impartial advice is available from MoneyHelper, StepChange, Citizens Advice and National Debtline: see where to get free debt advice.

What to do next

1. Get the judgment details: the date, the court, the claim number and the amount. What a CCJ is explains what each part means.
2. If you are still within one calendar month and can pay in full, do that and apply for a certificate of cancellation.
3. If you have grounds to set it aside, contact the creditor, gather your evidence and apply on form N244 as soon as possible.
4. For other letters and court papers, see our debt problems hub.