CCJ Set Aside Procedure in England and Wales: CPR Part 13 Explained

Two Routes, One Form

A default county court judgment entered under CPR Part 12 can be set aside through an application on Form N244. The legal framework sits in CPR Part 13, which draws a hard line between two categories of relief.

Under CPR 13.2, the court must set aside a judgment that was wrongly entered. This is mandatory relief — the court has no discretion. If the claim form was never validly served, or the response deadline had not expired when judgment was requested, or the defendant had already filed an acknowledgment of service or defence, the judgment goes. The court does not ask whether the defendant has a good defence; the procedural defect is enough.

Under CPR 13.3, the court may set aside a judgment that was correctly entered on the rules but where the defendant can show either a real prospect of successfully defending the claim or some other good reason for the judgment to be set aside. This is discretionary relief. The court also weighs whether the application was made promptly — not from the date of judgment, but from the date the defendant actually discovered it.

The Step-by-Step Application

Getting from discovery to set-aside order involves a sequence that most litigants in person can manage without a solicitor.

Step 1 — Verify the judgment. If you found the CCJ through a credit check or an enforcement letter, obtain the claim reference number from Registry Trust (TrustOnline) or the credit reference agency report. Contact the Civil National Business Centre (CNBC) in Northampton to request the court file: the sealed claim form, particulars of claim, certificate of service, and the default judgment order itself.

Step 2 — Identify your ground. Read the certificate of service. If the claimant had reason to believe that you no longer lived at the address and failed to take reasonable steps to find your current residence, that may be a service defect under CPR Part 6; CPR 13.2 applies if the judgment was wrongly entered. If service was technically valid, CPR 13.3 is the route: show a real prospect of defending the claim or some other good reason for relief, and explain why you did not respond. Put a genuine dispute about the amount in your draft defence.

Step 3 — Complete Form N244. The application notice asks for the order you want (set aside the default judgment and stay enforcement), the rule you rely on (CPR 13.2 or 13.3), and whether you want a hearing. Request a hearing — paper determinations are risky for contested applications.

Step 4 — Write a witness statement. This is the evidence the judge reads. Set out what happened chronologically: when the dispute arose, when the claim was issued, why you did not respond, when you discovered the judgment, and what you did next. Attach exhibits — address proof, postal records, tenancy agreements, anything that backs up your timeline.

Step 5 — Draft a defence. For a CPR 13.3 application, the judge expects to see a draft defence (Form N9B) showing you have a real case on the merits. Even for CPR 13.2 applications, attaching a draft defence is good practice — it shows the court where the case is heading.

Step 6 — Pay the fee and file. An on-notice application costs £321. An application by consent (where the claimant agrees) costs £126. The current HMCTS EX50A lists no separate fee exemption for CPR 13.2 grounds; eligible applicants can apply for Help with Fees using Form EX160. Post or deliver the application, witness statement, exhibits, and fee to the CNBC in Northampton.

Step 7 — Serve the claimant. You must send a copy of everything you filed to the claimant (or their solicitor) at least three clear days before the hearing.

What Happens If the Application Succeeds

The default judgment is cancelled and erased from the Register of Judgments, Orders and Fines. Registry Trust notifies the credit reference agencies, and the entry is removed — not marked as satisfied, but deleted entirely.

The underlying claim does not disappear. The case returns to the stage just before default, and the court will direct you to file a formal defence within a set period, usually 14 days. For defended small claims for specified money amounts under £10,000 issued on or after 22 May 2024, both sides are referred to mandatory mediation before a hearing is listed.

The Setting Aside a CCJ Guide walks through every section of Form N244, explains how to structure a witness statement for each ground, and includes a filing checklist so nothing is missing when your application reaches the CNBC.

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