Setting aside CCJ at old address

Legal position:
A County Court Judgment (CCJ) in England and Wales can potentially be set aside under the Civil Procedure Rules (CPR), specifically CPR 13.2 or 13.3, depending on the circumstances. If the CCJ was obtained by default (meaning you did not respond to the claim) and the claim form or other documents were sent to an old address where you no longer resided, this may constitute improper service under CPR 6. If service was not valid, the court must set aside the judgment under CPR 13.2. Alternatively, under CPR 13.3, the court has discretion to set it aside if you have a real prospect of successfully defending the claim or there is some other good reason, such as not receiving notice due to the address issue. The key factors include whether you were aware of the proceedings, the promptness of your application, and any prejudice to the claimant. Note that time limits apply; you should apply as soon as possible after becoming aware of the CCJ, as undue delay could weaken your case.

Factors to consider:
The outcome depends on specific facts, such as the date the CCJ was issued, whether it was a default judgment, evidence of your correct address at the time of service, and any steps you took to update your address with relevant parties (e.g., the claimant or credit agencies). If the CCJ is more than a few months old, or if enforcement action has already begun, this may complicate matters. Costs are also relevant; you may need to pay a court fee (currently £280 for an application without a hearing, or more if a hearing is required), and there is a risk of adverse costs if unsuccessful.

Practical next steps:
1. Check your credit file immediately via a service like Experian, Equifax, or TransUnion to confirm details of the CCJ, including the court, case number, amount, and date.
2. Gather evidence to support your application, such as proof of your residence at the time (e.g., utility bills, tenancy agreements, or council tax statements showing your correct address), and any correspondence indicating you had notified relevant parties of your address change.
3. Obtain the claim form and judgment details from the issuing county court if you do not already have them.
4. Complete and file Form N244 (Application Notice) with the court that issued the CCJ, explaining the grounds for setting it aside (e.g., improper service or a defence to the claim). Include a witness statement detailing why you did not receive the documents and any proposed defence.
5. Pay the applicable court fee and serve a copy on the claimant.
6. Attend any hearing if scheduled; the court may decide on the papers if straightforward.

If successful, the CCJ would be removed from your credit file, but note that even if set aside, you may still need to defend the underlying claim. If the matter involves a significant sum or complex issues, consider whether informal resolution with the claimant is feasible before applying. For official guidance, refer to the Ministry of Justice website or the CPR online.