CCJ Set Aside Witness Statement: What Evidence You Need and How to Draft Your Defence

The Witness Statement Is Your Application's Backbone

Form N244 gets you through the door. The witness statement is what persuades the judge. A set-aside application must be supported by a formal witness statement; use a clear, dated chronology to set out the evidence.

The witness statement must be a formal document under CPR Part 32. It is written in the first person, sets out facts chronologically, refers to attached exhibits by label, and ends with a statement of truth: "I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."

If you are the named defendant personally, you sign it yourself. If the defendant is a company, an authorised director signs on its behalf.

Structure for a CPR 13.2 Application (Mandatory Set-Aside)

If the judgment was wrongly entered — service was defective, the deadline had not expired, or you had already filed a response — the witness statement focuses on the procedural defect:

Paragraph 1: Your full name, address, and your connection to the claim (you are the defendant).

Paragraph 2: The claim details — claim reference number, claimant's name, date of issue, amount claimed.

Paragraph 3: The service defect. When did you move? What evidence shows you were at a different address? Did you tell the claimant your new address? Refer to the exhibits: "I refer to [Exhibit A], a council tax bill confirming my address at [new address] from [date]."

Paragraph 4: When you discovered the judgment and how — a credit check, a bailiff letter, forwarded post.

Paragraph 5: What you did after discovery — contacted the CNBC, obtained the court file, instructed this application.

Structure for a CPR 13.3 Application (Discretionary Set-Aside)

Discretionary applications should address the alternative grounds — a real prospect of defending the claim or some other good reason for relief — and the court must consider promptness. Explain why you missed the deadline as part of your account of the default.

The reason for the default. Explain why you did not respond and attach supporting evidence. Examples that can support a "some other good reason" argument include severe illness, emergency hospitalisation, or documented postal disruptions. Non-receipt alone does not automatically establish a ground if service was technically valid.

Promptness. Show a tight timeline from discovery to application. The judge is looking for evidence that you treated the matter urgently. If there was a gap — weeks or months between finding out and filing — explain it.

Real prospect of defence. Summarise your defence in the witness statement and attach a draft Form N9B. The judge does not decide the merits at this stage, but needs to see that your defence has genuine substance — not a bare denial, but a version of events that, if believed, would give you a real chance of successfully defending the claim.

What Exhibits to Attach

Every factual assertion in the witness statement should be backed by an exhibit where possible. Label them sequentially (Exhibit A, Exhibit B, and so on) and refer to each one by label in the text.

Common exhibits include:

• Council tax bills, utility statements, or tenancy agreements showing your address at relevant dates
• Royal Mail redirection confirmation
• The credit report or enforcement letter that alerted you to the CCJ
• Emails, texts, or letters between you and the claimant (especially anything showing they knew your current address)
• Bank statements or receipts relevant to the underlying dispute
• Any correspondence with the court (letters to the CNBC, file requests)

For a clear bundle, give each exhibit a cover sheet with the claim reference number, exhibit label, and a brief description. Redact sensitive information — bank account numbers, national insurance numbers — that is not relevant to the application.

The Draft Defence

The draft defence (Form N9B) responds to each allegation in the particulars of claim. For each point:

• Admit facts you agree with
• Deny facts you dispute, and explain your version
• Require proof of facts you cannot confirm or deny

If you have a counterclaim (the claimant owes you money for defective work, an unreturned deposit, or damage), set it out in the same document or as a separate counterclaim under CPR Part 20.

The Setting Aside a CCJ Guide includes a witness statement structure template, an exhibit cover sheet format, and a step-by-step walkthrough of drafting a defence for each common dispute type — contractor, landlord-tenant, private sale, and small business.

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