Discovering a County Court Judgment (CCJ) at an old address is upsetting, particularly during a mortgage application. A judgment is not removed simply because you did not see the papers, but you may be able to apply to have it set aside if the legal tests are met.
What “set aside” means
If the court sets a judgment aside, the judgment is cancelled and the claim is normally returned to an earlier stage. This is not automatically the end of the underlying dispute: the claimant may continue the case unless it is withdrawn, settled or successfully defended.
Why the address matters
The court will consider whether the claim was served in accordance with the rules. Relevant evidence may include when you moved, information given to the creditor, electoral-register records, tenancy or completion documents, redirected post and the claimant’s tracing activity.
Other factors the court may consider
- Whether you applied promptly after learning about the judgment
- Whether there is a real prospect of successfully defending the claim
- Whether there is another good reason to set it aside
- The history of contact between you and the claimant
- Prejudice, costs and the interests of justice
Act promptly
Delay can harm an application. Obtain the claim number and judgment details, seek legal advice and preserve evidence as soon as you discover the County Court Judgment (CCJ).
Should you pay it first?
Payment, settlement and a set-aside application have different consequences. Paying may mark the judgment satisfied but will not normally remove it if more than one month has passed. Get advice before taking a step that may affect the litigation or your negotiating position.
Evidence checklist
- Credit report or register search showing the judgment
- Claim number, claimant and judgment date
- Proof of your addresses and move date
- Proof that the creditor knew or should have known your new address
- Draft defence and supporting documents
- A clear timeline explaining when you found out and what you did next
See the official GOV.UK County Court Judgment guidance. Because set-aside applications involve court procedure, consider individual legal advice; Budget Legal Advice provides connected general legal information.
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General UK information only, not personal financial or legal advice. Rules and remedies differ across the UK. Free, confidential debt advice is available through MoneyHelper’s debt-advice locator, StepChange and National Debtline.