How To Get A Ccj Set Aside

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Court merits forms and processes

i This page applies to England, Wales and Northern Ireland

N244 and N245 Canton Courtroom forms. CCJ aid

You can apply to become a County Court judgment set aside using the court grade N244. If you want to change the terms of the payment organisation, you need to use form N245.

A County Court judgment (CCJ) is a court lodge making you repay a debt. In some circumstances you can apply to accept the judgment cancelled (or 'gear up aside') using the N244 form.

If you can't afford the repayments, you can ask the courtroom to 'vary' the judgment, this means getting a new payment arrangement. To practise either of these things, you'll need to utilise the right County Court form to apply, and you'll need to answer equally quickly equally y'all can.

Read our guides to:

class N244 (setting aside a CCJ)
grade N245 (varying a CCJ)

Setting bated a CCJ using form N244

In some cases, if you didn't know about the CCJ, or if the creditor who practical for it didn't follow the right process, you lot may be able to go it set up aside. This means, effectively, that information technology's cancelled. When a CCJ is ready aside, it is removed from your credit history.

Discover out more about the reasons you tin give to set aside a CCJ.

Click here to run into an case N244 form

How exercise I apply course N244 to ready aside a CCJ?

Complete form N244, explaining why the CCJ should exist set up aside and render it to the court.
At that place'south a fee of £275 to pay. However, if y'all're on a low income, yous may exist able to use to get help paying this fee.
It's also a good thought to allow the creditor know you're applying to prepare bated the CCJ.

If y'all didn't reply to the original claim form:

Explain why yous didn't answer in time. Information technology helps to provide some background data. For instance, you've been ill or there was a filibuster in deciding to apply for the CCJ to be prepare aside.

If you're disputing the amount claimed:

Explain why and provide some show to back up your claim. You should include copies of any documents that support your argument, such as depository financial institution statements.

If you're worried about how to deal with a CCJ and other debts you have, get in touch with united states of america for free and confidential debt advice.

How do I consummate form N244?

Follow our guide to completing the N244 court class

The information box in the top-right hand corner:
You can detect the name of the court, Claim number, Warrant number and Claimant's name (the Claimant is the creditor) on the information the court sent you about your County Court judgment. You lot are the Defendant and you add together today's engagement.

Question i:
Country your name again hither

Question 2:
Tick 'Accused' and add together 'Due north/A' to the box next to 'If you lot are a solicitor whom do you represent?'

Question 3:
Provide information about why the CCJ was raised against you lot and the reason why yous're applying for it to exist set up aside.

Question iv:
Tick 'Yes' – you'll need to transport a copy of the CCJ that was sent to you with the completed N244 form

Question 5:
Tick 'at a hearing'

Question 6:
Enter 'xv minutes'

Question 7:
Enter 'Northward/A'

Question viii:
Enter 'District'

Question 9:
Enter the Claimant'due south name here, this is the creditor who raised the CCJ. You should also include their address, which you tin discover on any paperwork they've sent yous, or their website.

Question 10:
Tick 'the prove prepare out in the box below'

In box beneath:
Include any supporting information, which could exist that you're offering to make contractual payments at a rate you can afford, that y'all've taken debt advice from StepChange or another advice provider, and any consequences of the judgment beingness carried out. For example, you'd exist at risk of eviction.

Yous should include all paperwork you can in back up of your awarding to take the CCJ set up bated. This could include paperwork or letters received from your creditor showing that their merits is invalid.

Varying a CCJ using form N245

Varying a CCJ ways asking the court to modify the instalments if they're too high.

You can apply for variation at whatever fourth dimension if your circumstances change, but there's a court fee of £fourteen to do this.

If you're on a low income, y'all may be able to get this done for free. You tin can employ for assist in paying the court fee online and detect out if you qualify.

How do I apply to vary a CCJ?

To apply to vary a CCJ, you need to fill up in court class N245. This is similar to the N9A admission form y'all were sent when your creditor started court action.

Yous'll need to fill up in details of your income, living costs and debts, and make an offer of payment.

Y'all can use form N245 to use for a varying of your CCJ if:

yous didn't reply to the merits class
you replied albeit the claim, but didn't brand an offer to pay
you replied albeit the claim, and the creditor accepted your offering of payment, or,
you dedicated the claim only lost

How do I complete form N245?

You utilize the N245 course to explicate what yous can beget to pay, based on your household's income and spending. The chief sections of the course are the aforementioned as the N9a Canton Courtroom form.

Watch our video for a step-past-step guide to completing the N9a form.

Along with the N245 form, you should complete a budget. This will prove to the court that you lot tin can merely afford to repay the CCJ at the rate you're offering.

Yous ship the completed N245 course to the court with payment, or with proof that you don't accept to pay.

The courtroom will send the N245 form to the creditor to bank check if they concord with the new instalments. If the creditor doesn't hold, the courtroom will decide a fair payment. Normally this will be washed without a hearing.

The court will then write to you with details of the new instalment. There'southward no guarantee the CCJ instalments will be fix at the new amount you've offered.

To avoid the run a risk of your creditor starting further enforcement action, if you're applying to vary the CCJ yous'll need to keep paying the instalments ordered in the original CCJ judgment letter until the court writes to you lot with details of the new payments. This could take a few weeks.

"They were so kind, they listened patiently and helped me through the process" Alison, Kent