We act quickly to set aside CCJs, stop enforcement action, and restore your credit position. Our specialist solicitors handle urgent N244 applications across England & Wales.
Act quickly – delays can reduce your chances of successfully setting aside a CCJ
A County Court Judgment (CCJ) entered without your knowledge can have serious consequences. It can affect your credit record, ability to obtain finance, mortgage applications, and even employment opportunities.
In many cases, however, a CCJ should never have been entered in the first place. If you were unaware of the claim, the papers were sent to the wrong address, or you were denied a proper opportunity to defend the case, the law allows you to apply to the court to set aside the judgment.
At Knights & Shah Solicitors, we assist clients across England and Wales with set aside applications under the Civil Procedure Rules (CPR Part 13). Our solicitors prepare detailed applications, supporting evidence, and legal submissions designed to maximise the chances of the court removing the judgment and allowing the dispute to be heard properly.
A set aside application is a formal request asking the court to cancel a judgment that has already been entered, usually a default judgment.
Default judgments commonly occur when:
A claim form was issued but no response was filed
The defendant never received the claim
Court papers were sent to the wrong address
Administrative errors occurred
A defence existed but was not filed in time
Once the court grants the application, the judgment is removed, and the case returns to the stage where the defendant can properly defend the claim.
Applications to set aside default judgments are governed primarily by CPR Part 13.
There are two key categories.
The court must set aside the judgment if it was entered incorrectly.
This includes situations where:
The claim form was never properly served
The defendant had already filed an acknowledgment or defence
The claimant requested judgment prematurely
Procedural errors occurred during the claim process
In these situations, the court has no discretion the judgment must be removed.
In other cases, the court has discretion to set aside the judgment if:
The defendant has a real prospect of successfully defending the claim, or
There is some other compelling reason why the judgment should be set aside.
The court will also consider whether the defendant acted promptly after discovering the judgment.
Many CCJs are successfully removed because the defendant was never aware of the claim.
Typical scenarios include:
If the claim form was served at an old or incorrect address, the defendant may never have had an opportunity to respond.
If the claimant failed to serve the claim in accordance with the Civil Procedure Rules, the judgment may be invalid.
If the defendant can demonstrate that they have a credible defence, the court may allow the case to proceed properly.
Errors in the claim process can invalidate the judgment.
Occasionally, judgments are entered against the wrong person due to mistaken identity or similar names.
Removing a CCJ requires a formal court application. The process typically involves several stages.
The first step is identifying the court that issued the judgment and obtaining details of the claim.
Applications to set aside a judgment are usually made using Form N244.
This document requests that the court:
Set aside the judgment
Reopen the claim
Allow the defendant to file a defence
A detailed witness statement must explain:
How the judgment occurred
Why the defendant did not respond
The defence to the claim
Why the court should set the judgment aside
The application must be filed with the appropriate court and accompanied by the required court fee.
In many cases the court will schedule a hearing where a judge considers the application and supporting evidence.
If successful, the court will remove the judgment and allow the case to continue.
Most set aside applications are made using Form N244, the standard application notice used in civil proceedings.
The form asks the applicant to specify:
The order being requested
The reasons for the application
Whether a hearing is required
Supporting evidence
A properly prepared N244 application is critical. Poorly drafted applications may be rejected or refused.
The success of a set aside application depends on the circumstances of the case.
Applications are more likely to succeed when:
The claim was sent to the wrong address
The defendant acted promptly after discovering the judgment
A credible defence exists
Procedural errors occurred
The court will assess the fairness of allowing the judgment to remain in place versus allowing the case to be heard properly.
If the court grants the application:
The CCJ is removed
The claim is reopened
The defendant can file a defence
The case proceeds through the normal court process
In some cases the parties may resolve the dispute through settlement discussions or mediation.
A County Court Judgment can significantly affect your financial profile.
Consequences may include:
Difficulty obtaining mortgages or loans
Rejection of credit applications
Increased interest rates
Negative impact on tenancy applications
Successfully setting aside the judgment may allow it to be removed from your credit file, depending on the circumstances.
Although individuals can submit set aside applications themselves, the process can be complex.
Errors commonly occur when:
The wrong legal grounds are used
Evidence is insufficient
Applications are filed too late
The defence is not properly explained
Professional legal advice can significantly improve the chances of success.
Our solicitors assist clients with every stage of the process, including:
Reviewing the judgment and claim documents
Assessing the prospects of success
Preparing N244 applications
Drafting witness statements and legal arguments
Representing clients at court hearings
Advising on defence strategy once the judgment is removed
Our approach is evidence-driven, strategic, and focused on restoring your legal rights.
If a judgment has been entered against you and you believe it was unfairly obtained, legal action may still be possible.
The sooner advice is obtained, the greater the chance of restoring your position and allowing the dispute to be properly resolved.
Contact Knights & Shah Solicitors today to discuss your situation and obtain clear advice on your options.
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