CCJ Set Aside for Contractor, Landlord-Tenant, and Private Sale Disputes

The Same Procedure, Different Evidence

The set-aside procedure under CPR Part 13 is the same regardless of what the underlying dispute is about. But the evidence that supports the application — and the draft defence the judge will want to see — varies by dispute type. Each of the four most common civil money claim scenarios has its own patterns.

Contractor and Builder Disputes

A homeowner hires a builder or contractor, a dispute arises over the quality or completion of the work, and the contractor issues a county court claim for the unpaid balance. The homeowner misses the response deadline — often because the claim was served while they were dealing with the fallout from the defective work — and a default CCJ is entered.

The defence in these cases typically centres on the quality of the work. The Consumer Rights Act 2015 applies to services a trader supplies to a consumer, while the Supply of Goods and Services Act 1982 applies to relevant business service contracts; both provide for reasonable care and skill. If the work was defective, incomplete, or caused damage, those facts may support a defence to the claim for the unpaid balance or a counterclaim for remedial costs, depending on the contract and evidence.

Key evidence: Photographs of the defective work (dated if possible), quotes from other contractors for remedial repairs, correspondence with the original contractor about defects, any written contract or specification for the work, and expert reports if the defects are technical.

Landlord-Tenant Disputes

These run in both directions. A landlord claims unpaid rent from a former tenant, or a tenant claims an unreturned deposit from a former landlord. Default judgments are common because the claim is often served to the property the defendant has already left.

For tenants defending a rent arrears claim, the evidence might include proof that rent was paid (bank statements showing standing order payments), evidence of disrepair and related repair requests or correspondence, or proof that the amount claimed includes periods after the tenancy ended.

For landlords defending a deposit claim, the evidence centres on the condition of the property at checkout — the inventory report, photographs, and correspondence about deductions.

Service issues are especially common in tenancy disputes. Landlords sometimes serve claims at the rental property after the tenant has moved out. If the claim was sent to a former address despite the landlord knowing the tenant had left, that is a strong CPR 13.2 mandatory set-aside argument.

Private Sale Disputes

A private buyer sues over a car, furniture, or other goods sold privately. The seller discovers a default CCJ months later through a credit check. Common defences include: the goods were accurately described, the buyer inspected them before purchase, the sale was "as seen" and the defects were visible, or the price already reflected the condition.

Private sales between individuals are not covered by the Consumer Rights Act 2015 (which applies to trader-to-consumer sales), though the goods must still match any specific description given. The defence often turns on what was said or agreed at the time of sale.

Small Business and B2B Disputes

Commercial invoice disputes — a client refuses to pay for services they say were not delivered, or a supplier sues for goods the business says were defective. Default judgments happen when claims are served to old business addresses, especially after a company changes its registered office.

For sole traders and partnerships, the claim is against the individual personally. For limited companies, the claim is against the company, and an authorised director must sign the statement of truth on the N244 application for the company.

Key evidence: Contracts or purchase orders, email correspondence about the scope of work, delivery receipts, and any expert assessment of whether the goods or services met the agreed specification.

The Common Thread

Across all dispute types, the set-aside application follows the same structure: Form N244, a witness statement explaining why you did not respond, evidence supporting your timeline, and a draft defence showing you have a real case on the merits. What changes is the content of the defence and the exhibits you attach.

The Setting Aside a CCJ Guide walks through each dispute type with specific guidance on evidence gathering, defence drafting, and the witness statement points that matter most in contractor, tenancy, private sale, and commercial claim scenarios.

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