CCJ Set Aside by Consent: How a Consent Order Works and the £126 Fee

When the Claimant Agrees

Not every set-aside application needs a contested hearing. If the claimant agrees that the default judgment should be set aside — because they know the claim was sent to the wrong address, or because they are willing to let the case proceed as a defended matter — both parties can submit a consent order to the court.

A consent order reduces the court fee from £321 (for a contested on-notice application) to £126. It also avoids the delay and unpredictability of a hearing. But a consent order does not set aside the judgment by itself — it still needs judicial approval.

How to Get the Claimant's Agreement

Contact the claimant (or their solicitor) and explain the situation. If the claim was served to an old address and the claimant accepts that service was defective, they may agree to a consent set-aside rather than face a contested hearing they are likely to lose.

Even where service was valid, claimants sometimes consent because they want the case resolved on its merits. A default judgment gives them a paper win, but enforcement against a defendant who disputes the debt can be difficult and expensive. A consent set-aside reopens the case and lets both sides present their evidence.

The agreement needs to be confirmed in writing — a letter or email from the claimant (or their solicitor) confirming they consent to the judgment being set aside. This is attached to the application.

Drafting the Consent Order

The consent order is a document signed by both parties setting out the terms. A standard consent set-aside order includes:

1. The default judgment entered on [date] is set aside.
2. The defendant shall file and serve a defence within 14 days of the date of this order, or within another period set by the court.
3. The case shall proceed to allocation under CPR Part 26.
4. [Any agreed directions — disclosure deadlines, hearing preferences.]
5. Costs of the application are [in the case / to be assessed / no order as to costs].

Both parties sign the draft, and it is submitted to the court alongside Form N244 and the £126 fee.

The Judge Still Has Discretion

A consent order is not automatic. A District Judge reviews it and can decline to approve it if the proposed order does not adequately deal with the future management of the case. Courts generally endorse consent orders, but the judge may modify the directions — shortening or extending the defence deadline, or adding mediation referral directions for small claims track cases.

If the court refuses the consent application and orders it to proceed on notice, HMCTS requires payment of the balance between the £126 consent fee and the £321 on-notice fee.

When Consent Is Not Realistic

Consent works best where the claimant recognises a service problem or where both parties want the dispute heard on its merits. It is less likely where:

• The claimant has already obtained enforcement (a warrant of control, a charging order) and does not want to give up that position
• The claimant is a debt buyer or collection agency (these rarely consent to set-aside)
• The parties are hostile and communication has broken down

In those cases, a contested on-notice application under CPR 13.2 or 13.3 is the route.

The Setting Aside a CCJ Guide includes a consent order template, a sample letter requesting the claimant's agreement, and a checklist for the consent application filing.

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