You can apply to set aside a CCJ if you have a valid legal reason. The court will firstly consider whether you have a real prospect of successfully defending the claim, and then whether there was a procedural error in obtaining the judgment.
1. You Did Not Receive the Court Papers
– If the claim form was sent to the wrong address or was not properly served, you may not have had a fair chance to respond.
– You must act promptly once you become aware of the CCJ.
2. You Have a Valid Defence
– If you dispute the debt or believe the claim was wrongly made, you may apply to set aside the CCJ.
– The court will consider whether you have a reasonable prospect of successfully defending the claim.
– Simply saying you cannot afford to pay is not a valid reason.
3. Judgment Entered in Default (You Did Not Respond in Time)
– If you missed the deadline to respond (usually14 days from receiving the claim form), you can apply to set aside the CCJ if you acted quickly once you discovered it.
4. You Had Already Paid the Debt Before Judgment
– If you cleared the debt before the CCJ was issued but the creditor still obtained judgment, you can apply to have it set aside.
5. The Judgment Was Entered in Error or Due to a Court Mistake
– If the court made an administrative error, such as issuing a judgment when you had already responded or filed a defence, you can apply to set it aside.
6. There Was a Procedural Irregularity
– If the creditor did not follow the proper legal process when applying for the CCJ, this could be a ground to set it aside.
– For example, if the claim was not properly served or if incorrect procedures were used to obtain a judgment.
7. You Want to Negotiate or Settle the Debt
– Some courts may consider setting aside a CCJ if you and the creditor agree to settle or withdraw the claim. However, this is at the court’s discretion.
What Happens if the CCJ is Set Aside?
– The CCJ is removed from your credit record (unless a new judgment is issued later).
– The claim may restart, and you will have a chance to defend it.
– If you do not defend successfully, the CCJ may be re-entered.
Would you like help making an application to set aside the judgment and dealing with the hearing? Get in touch with us today.
