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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
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Debt
Debt Law
Updated 2026-04-17

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.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

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 โ€” 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 โ€” 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.

Before you send

  • Applying on Form N244 without paying the court fee (currently ยฃ303 on notice)
  • Not drafting a draft Defence to attach to the application โ€” the court needs to see the merits of your defence
  • Delaying the application โ€” the court will consider the length of delay and the reason for it

Common Mistakes to Avoid

  • โœ—Applying on Form N244 without paying the court fee (currently ยฃ303 on notice)
  • โœ—Not drafting a draft Defence to attach to the application โ€” the court needs to see the merits of your defence
  • โœ—Delaying the application โ€” the court will consider the length of delay and the reason for it
  • โœ—Not applying to stay enforcement at the same time โ€” a judgment can be enforced even while a set-aside application is pending

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

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 โ€” 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 ยฃ303 (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 โ€” adapt it to your specific circumstances.

Related Rights

Frequently asked questions

What is a default CCJ and how can I get it removed?
A default County Court Judgment (CCJ) is entered when a defendant fails to file an Acknowledgment of Service or Defence in time. If you wish to defend the claim, you can apply to have the judgment set aside. There is no fixed time limit, but delay is relevant. You should apply as quickly as possible, and certainly before the judgment is enforced, to improve your chances of success.
How do I apply to set aside a default judgment?
You must apply to the County Court that issued the judgment using Form N244. The application fee is currently ยฃ303. You should also attach a draft Defence to show the merits of your case and a witness statement. It is advisable to apply to stay enforcement at the same time, as a judgment can be enforced even while your application is pending.
What are the chances of my application being successful?
If you received the claim form but chose not to respond, the application is harder to succeed. Under CPR r.13.3, you must show a real prospect of successfully defending the claim. If the CCJ resulted from a fixed date hearing you did not attend, the legal test is different under CPR r.27.11. The court will also consider whether you applied promptly.
What mistakes should I avoid when making the application?
Common mistakes include applying without paying the court fee, failing to attach a draft Defence, and delaying the application. The court considers the length of delay and the reason for it. Additionally, not applying to stay enforcement is risky, as the claimant can still enforce the judgment while your set-aside application is pending.
Do I need a solicitor to apply to set aside a CCJ?
If the amount is significant, it is recommended to take legal advice. The application itself has a fee, and if your application fails, you may be ordered to pay the claimant's costs. A solicitor can help ensure your draft Defence and witness statement properly demonstrate a real prospect of success.