What Happens After A Judgement Is Set Aside? Important Steps
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
Are you feeling worried because a bailiff company is knocking on your door? You might be asking, ‘What happens after a judgement is set aside?’ and ‘What are the important steps to take?’
Don’t worry, you’re not alone. Every month, over 170,000 people come to our website seeking advice on their debt problems.
On this page, we’re going to talk about:
- What is a judgement and how to set one aside.
- The reasons you might want to get a CCJ set aside.
- How much it might cost to set aside a CCJ.
- How to write off some debt.
- What to do when a judgement is set aside.
StepChange found that 90% of people who have been visited by a bailiff in the last two years identify as vulnerable. With over 50% reporting depression and more reporting stress and anxiety 1. So, we understand that dealing with a bailiff can be scary.
We’re here to help make things clear and guide you on what to do next. We have a lot of knowledge and experience in this area, and we’re ready to share it with you.
Setting aside a judgement
It is possible to request to have a judgement cancelled if you obtain one that you do not agree with by filling out an N244 form and sending it back to the court. This procedure is referred to as “setting aside” a CCJ. This is usually done if the creditor didn’t follow the correct process or you didn’t know about it.
When a CCJ is set aside, the record it leaves on your credit history is deleted.
A judgement issued by a court can often only be overturned if there is a compelling argument to support the motion. To have a CCJ set aside, you need to pay a fee, and if you don’t have a good enough reason, you could find yourself having to pay out even more.
» TAKE ACTION NOW: Fill out the short debt form
What are the reasons to get a CCJ set aside?
If the initial decision was made without taking your response into consideration, you may be able to get the CCJ overturned. This could be done if:
- The claim form was sent to the wrong address or an old address
- Issues with postal services mean you didn’t receive the form.
- You responded to the claim form within the allotted time, but the creditor ignored this or approached the court for a judgement too early.
You must also have some sort of defence against the amount claimed by the creditor.
Some examples of defences include the following:
- You do not believe you owe the money as it was paid off in full before the judgement
- The information on the CCJ is incorrect – perhaps the amount owed or information about you
- The debt is older than six years and is statute-barred, meaning you are no longer liable for it
- It does not comply with the Consumer Credit Act – you need to ask your creditor to supply you with a statement of your account and a copy of the original credit agreement If they can’t or won’t do this, you have grounds to set it aside.
A court will generally not set aside a CCJ if you received the original claim form and responded to it without defence. However, if the judgement shouldn’t have been issued in the first place, the court may consider setting it aside.
How a debt solution could help
Some debt solutions can:
- Stop nasty calls from creditors
- Freeze interest and charges
- Reduce your monthly payments
A few debt solutions can even result in writing off some of your debt.
Here’s an example:
Situation
| Monthly income | £2,504 |
| Monthly expenses | £2,345 |
| Total debt | £32,049 |
Monthly debt repayments
| Before | £587 |
| After | £158 |
£429 reduction in monthly payments
If you want to learn what debt solutions are available to you, click the button below to get started.
How much does it cost to set aside a CCJ?
Once you have filled out the N244 form and sent it to the court, you will have to pay a fee of £275.
What happens when a judgement is set aside?
The judgement is cancelled when a CCJ is set aside. This does not mean that the debt is erased, nor does it indicate that the legal process will cease immediately.
In the event that the judgement is overturned, both you and the creditor will be returned to the position you were in prior to the issuing of the judgement.
After a judgement has been set aside, a decision must still be made about the claim. The parties involved can be given instructions by the court, which will tell them what actions they need to take next.
If the applicant does not follow the instructions, the claimant has another opportunity to submit an application for a default judgement. It is really important to do what the court says or apply for more time if needed.
The court will continue to hold the claim if the claimant doesn’t restart action or if there are no directions issued by the court.
The claimant can ask the court at any time to start the claim over again by filing an application. This can be pretty stressful for you.
You can compel the claimant to take action by requesting a court unless order. This gives them instructions such as starting action by a particular date or providing more information, and if they don’t, the claim is struck out.
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Check out the MoneyNerd website for more information on CCJ’s and debt advice
The MoneyNerd website has lots of helpful information regarding CCJs and other forms of debt. There are templates for letters and plenty of other resources to help you deal with your debt issues. Have a look now!
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