Application to Set Aside a Default CCJ
Application under CPR Part 13 to set aside a default County Court Judgment (CCJ) where judgment was entered without a defence being filed.
When to use this template
Use this letter when a County Court Judgment has been entered against you by default (because you did not file an Acknowledgment of Service or Defence in time) and you wish to apply to have the judgment set aside so that you can defend the claim. There is no fixed time limit but delay is relevant — apply as quickly as possible and certainly before the judgment is enforced.
When NOT to use this template
If you received the claim form and chose not to respond, a set-aside application is harder to succeed — you must show a real prospect of successfully defending the claim (CPR r.13.3). If the CCJ is from a fixed date hearing you did not attend, the test is different (CPR r.27.11). Take legal advice if the amount is significant, as the application itself has a fee and failure may result in costs.
Legal Basis
Civil Procedure Rules, Part 13 (setting aside or varying default judgment); CPR r.13.2 (mandatory set aside where judgment was wrongly entered); CPR r.13.3 (discretionary set aside where defendant has a real prospect of success on the defence, or another good reason). The application is made on Form N244 to the County Court that issued the judgment.
Common Mistakes to Avoid
- ✗Applying on Form N244 without paying the court fee (currently £303 on notice)
- ✗Not drafting a draft Defence to attach to the application — the court needs to see the merits of your defence
- ✗Delaying the application — the court will consider the length of delay and the reason for it
- ✗Not applying to stay enforcement at the same time — a judgment can be enforced even while a set-aside application is pending
Build Your Letter
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Letter preview
[YOUR FULL NAME (DEFENDANT)] [YOUR ADDRESS] [DATE OF LETTER] The Court Manager County Court Business Centre / [NAME OF THE ISSUING COURT] --- Dear Sir or Madam, **APPLICATION TO SET ASIDE DEFAULT JUDGMENT** **CPR Part 13 — Form N244** **Case number: [CASE / CLAIM NUMBER ON THE JUDGMENT]** **Claimant: [CLAIMANT'S NAME (THE PERSON/COMPANY WHO SUED YOU)]** **Defendant: [YOUR FULL NAME (DEFENDANT)]** **Judgment date: [DATE THE JUDGMENT WAS ENTERED AGAINST YOU]** I write to accompany my application on Form N244 to set aside the default judgment entered against me on [DATE THE JUDGMENT WAS ENTERED AGAINST YOU] in the above proceedings. **Grounds for the application** I apply to set aside this judgment pursuant to CPR r.13.3 on the following grounds: 1. **Real prospect of successfully defending the claim** [SUMMARY OF YOUR DEFENCE TO THE CLAIM] 2. **Reason for failure to file a Defence** [WHY YOU DID NOT FILE A DEFENCE IN TIME] **The law** Under CPR r.13.3(1), the court may set aside a default judgment where: (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that 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 its discretion, the court must consider whether the person seeking to set aside the judgment made an application to do so promptly (CPR r.13.3(2)). **My application** I respectfully apply for the following orders: 1. That the default judgment dated [DATE THE JUDGMENT WAS ENTERED AGAINST YOU] be set aside. 2. That I be permitted to file and serve a Defence within 14 days of the order. 3. That enforcement of the judgment be stayed pending the outcome of this application. 4. That costs be reserved. I enclose: 1. Form N244 (application notice). 2. The court fee of £303 (or evidence of fee remission). 3. A draft Defence. 4. A witness statement in support. Yours faithfully, [YOUR FULL NAME (DEFENDANT)]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.