I Got a CCJ I Never Knew About — Can I Get It Set Aside?
Based on: CPR 13.3 — General principles on setting aside default judgments · View judgment
The Scenario
A person discovers a CCJ on their credit file for a debt they dispute. The claim was served to an old address. They had no knowledge of the proceedings and could not have defended the claim.
The Conversation
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The Correct Legal Position
- •Under CPR 13.3, the court has a discretion to set aside a default judgment where the defendant has a real prospect of defending the claim or there is some other good reason.
- •Lack of service at the correct address, meaning the defendant had no opportunity to respond, is a strong basis for a set-aside application.
- •The court considers promptness — the defendant should apply as soon as they discover the judgment.
- •After set aside, the defendant can file a defence and the claim proceeds as if defended from the start.
What the Court Decided
Under CPR 13.3 principles, courts regularly set aside default judgments where the defendant was not properly served and had no knowledge of the claim. Acting promptly after discovering the judgment is critical. A genuine dispute on the underlying debt is a real prospect of successfully defending the claim.
Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).
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