Challenging CCJ served at wrong address

This is a common and often very strong basis for challenging a county court judgment. The law provides a clear route for doing so, but the practical steps matter a great deal.

The legal basis:

If you did not receive the claim form because it was sent to an old address, you may not have known about the proceedings at all. In most cases, the claimant will have obtained a default judgment against you, meaning the court entered judgment because no defence was filed. You are entitled to apply to have that judgment set aside under Part 13 of the Civil Procedure Rules.

There are two routes under Part 13:

1. Mandatory set aside under CPR 13.2. The court must set aside the default judgment if it was wrongly entered, for example because the claim form was not properly served. Service of a claim form on an individual is governed by CPR 6.9, and the claim form must generally be served at the defendant's usual or last known residence. If the claimant used an address that was not your usual or last known residence, the service may have been defective. If service was not valid, the judgment was wrongly entered and the court must set it aside. This is powerful because you do not need to show you have a defence on the merits.

2. Discretionary set aside under CPR 13.3. Even if service was technically valid, such as where the claimant used your last known address, but the claim never actually reached you, you can apply for the judgment to be set aside on the basis that you have a real prospect of successfully defending the claim, or there is some other good reason why the judgment should be set aside or the defendant should be allowed to defend. The court will also consider whether you acted promptly once you became aware of the judgment. Not receiving the paperwork is a highly relevant factor the court will weigh.

Practical steps:

1. Obtain the court file. You can request details of the claim from the court that issued the judgment. You can also check the Register of Judgments at Trust Online or Registry Trust to find which court dealt with it.

2. Get the details of what address was used. The claim form will show the address used for service. Compare this to where you actually lived at the time.

3. Prepare your application. You apply to set aside the judgment using form N244, filed at the court that entered the judgment. There is a court fee, currently £275 in most cases.

4. In your witness statement in support, explain clearly that you did not receive the claim form, when and how you first became aware of the judgment, that the address used was wrong or no longer your address, and set out your proposed defence if relying on CPR 13.3.

5. Act promptly. The court expects you to apply without delay once you become aware of the judgment. If you delay weeks or months after discovering the CCJ, this will count against you.

Key points to be aware of:

The distinction between "last known address" and "usual residence" matters. If you had moved but never updated your address with the claimant, the claimant may argue they used your last known address and that service was technically compliant. Even so, you can still succeed under the discretionary ground, particularly if you can show a real prospect of defending the claim.

If the CCJ is affecting your credit file, a successful set aside will result in the judgment being removed from the Register of Judgments, which in turn should be removed from your credit record.

If you want, tell me more about the circumstances, such as when the judgment was entered, when you found out about it, and whether you have any defence to the underlying claim, and I can give you more tailored guidance on the strength of your position and the best way to frame the application.