Section 21 abolished 1 May 2026. If you’ve received a notice, your rights have changed. Find out what this means for you →

Debt Recovery4 min read28 April 2026

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

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I recently applied for a mortgage and was refused. I checked my credit report and found a County Court Judgment against me for £4,200 that I knew nothing about. The claim was apparently filed two years ago. I moved house 18 months ago and the claim must have been sent to my old address. I dispute the debt — it is from a company I have never dealt with. Can I get the CCJ removed?

Case Buddy

Finding an unexpected CCJ on your credit file is very stressful, especially when you are trying to get a mortgage. Let me understand your position more clearly before explaining the legal options. Do you have any idea what the debt is for? For example, is it a credit agreement, utility debt, or something from a company name you recognise from a previous address? And do you know approximately when the CCJ was entered — was it within the last six years?

You

I genuinely do not recognise the company name at all. The CCJ was entered about two years ago, so it is within the last six years. I want to challenge it but I do not know where to start.

Case Buddy

Here is the legal position: **Setting aside a default judgment:** Under CPR 13.3, where a default judgment has been entered (a judgment entered because the defendant did not respond to the claim), the court has a discretion to set it aside if: 1. The defendant has a real prospect of successfully defending the claim, **or** 2. There is some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend the claim In exercising this discretion, the court considers how promptly the defendant applied to set aside once they knew of the judgment. **Your specific position:** - You were not served at your current address, so you had no knowledge of the proceedings and no opportunity to defend - You dispute the debt entirely and do not recognise the creditor - These are strong grounds to apply to set aside under CPR 13.3 **What you need to do:** 1. **Obtain a copy of the judgment:** Search the Register of Judgments, Orders and Fines (TrustOnline.org.uk) to confirm the details 2. **Get the court file:** Contact the issuing court to obtain a copy of the original claim form to understand what was alleged 3. **Apply to set aside:** File form N244 (application notice) at the court, with a witness statement explaining why you did not receive service and that you have a real prospect of defending the claim (you do not recognise the debt) 4. **Pay the court fee:** Currently £303 for a hearing application (fee remission may be available if you are on low income) 5. **Act promptly:** The longer you wait after discovering the judgment, the weaker your application becomes **After set aside:** If the court sets aside the judgment, you will have the opportunity to file a defence to the original claim, disputing the debt. For free advice, contact Citizens Advice. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

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).

Facing a similar situation?

Describe your situation to Case Buddy and get free legal information tailored to your facts.

Start a Free Case

Stay informed

Get legal tips and Case Buddy updates delivered to your inbox.