Application to set aside a default CCJ (N244)

A draft of the N244 application notice and witness statement asking the County Court to set aside a default judgment under CPR 13.3.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.
Court-fee caveat (2026-06-15): HMCTS court fees are uprated periodically by statutory instrument. The £303 N244 application fee was current at the time this letter was authored; check the latest figure at gov.uk/court-fees-what-they-are before filing. Help with fees (form EX160) is still available on the same means-test basis.

File this together with the official Form N244 (Application Notice) at the County Court that issued the judgment. The court fee is currently £303 (verify on GOV.UK before filing — see caveat above). You can apply for "help with fees" (form EX160) if you are on a low income or receive certain benefits.

CPR 13.3 test: the court must be satisfied that you have a real prospect of successfully defending the claim OR there is some other good reason to set aside. You must also have acted promptly. Apply as soon as you become aware of the judgment.

If the judgment was entered while the court had wrongly recorded service (e.g. wrong address), CPR 13.2 applies and the court must set aside — there is no real-prospect test.

Get free advice from Citizens Advice or StepChange before filing. Defending without representation is doable but complex.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • CPR 13.3 (discretionary set-aside of default judgment): confirmed currently in force under the Civil Procedure Rules 1998 as amended. The two-limb test (real prospect of success OR other good reason) plus the promptness requirement is correctly stated.
  • CPR 13.2 (mandatory set-aside where claim form not served): confirmed currently in force — where judgment was entered without the claim form being served, the court must set aside. Correctly distinguished from CPR 13.3.
  • CPR 10.3 (14 days to acknowledge service): confirmed; correctly cited in the witness statement section of the letter template.
  • CPR 15.4 (28 days to file a defence): confirmed; correctly cited.
  • Form N244 (Application Notice): confirmed as the current court form for applications in existing proceedings.
  • Court fee — £303: this is the current fee for a general application in existing proceedings. Court fees are updated by statutory instrument. Reviewer must verify this is the current fee as of 2026-06-15 (fees are uprated periodically by HMCTS).
  • Form EX160 (Help with Fees): confirmed as the current form for remission applications.

Reviewer focus areas: (1) IMPORTANT — Verify that the £303 court fee for the N244 application is current as of 2026-06-15. HMCTS fees are regularly uprated by statutory instrument. (2) Confirm whether CPR 13.3 has been amended following any recent Civil Procedure Rules Committee reviews. (3) Confirm that there is no limitation on the time period within which a set-aside application may be made (some older cases suggested time limits; CPR 13.3 itself requires "promptness" but no absolute deadline).

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

Your details

On the judgment / N1 claim form, top-right corner.

E.g. claim form sent to old address, in hospital, etc.

E.g. the debt is statute-barred, the amount is wrong, you never had a contract.

CPR 13.3(2) requires the application to be made promptly once you knew.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.