The N244 and N245 are legal forms used in the UK court system. The N244 form is an application notice that allows you to request a hearing or court order for a specific matter, such as to vary or set aside a judgment. The N245 form is an application to suspend a warrant or vary an order for payment of a judgment debt, which allows you to request a change to the payment terms if you are unable to pay the full amount owed. Both forms are important tools for individuals seeking legal remedies in the UK court system.
A County Court Judgment (CCJ) – sometimes known as a County Court Summons or High Court Judgment – is a type of court order that can be issued against you by the County Court if you have unpaid debts you are struggling to repay.
You may receive a CCJ if someone takes you to court for your unpaid debts and you fail to respond to a CCJ notice. But what happens when you want to get your CCJ set aside or reduced?
In this guide, we’ll outline everything you need to know about N244 forms, N245 forms and CCJs so you can know what to do if you are served with a CCJ.
What is a CCJ?
If you have unpaid debts and your creditor doesn’t think you will receive the money they are owed, they may apply to the court to serve you with a CCJ.
This is a court order that essentially lets you know that your creditor has taken legal action against you and you must repay the debt.
In most cases, a CCJ will only be issued if your creditor has been unsuccessful in recovering the money through alternative means and has issued a number of warnings threatening legal action, all of which have been ignored.
When you are issued with a CCJ, it will be recorded on the Register of Judgments, Orders and Fines for a total of six years unless the full amount is paid within one month. This will have a negative effect on your credit score which can impact your ability to get further credit and may mean you face higher interest rates.
Can I get a CCJ set aside?
If you have received a CCJ but don’t think you owe any money or your creditor didn’t follow the right procedure, you can apply to get it set aside. This will get it removed from your credit history.
The only way to get a CCJ set aside is to fill out an N244 form (also known as an application notice) and return it to the court.
You will then be invited to attend a private court hearing (carried out by a district judge, judge or master) to explain why you do not owe the money.
The court fee for a private hearing is usually £275 but this can be reduced if you can prove you are unemployed or experiencing financial hardship.
If you don’t attend the hearing, your application to get your CCJ set aside will be rejected and you will be required to repay the full amount.
How do I set aside a CCJ using an N244 form?
The first step towards getting your CCJ set aside is obtaining an N244 form online from the GOV.UK website or requesting a paper copy from the court.
Under civil procedure rules, you must file an N244 form within 14 days of recieving the CCJ.
You must then take your time to fill out the form as carefully and accurately as possible before returning it to the relevant court office.
This can boost your chances of successfully defending your claim.
There are a number of sections on the N244 form that you must get right if you are to have any chance of getting your CCJ set aside. Here is a guide to the different sections of a N244 form:
Case details
This section will ask you to provide a number of details about your individual case including:
- Name of the court
- Claim number
- Warrant number
- Claimant’s name
- Defendant’s name
- Date
Application details
This section consists of several straightforward questions requiring you to provide one-word answers or simply cross a box.
This is also where you can ask the court to deal with your request with an in-person hearing, telephone hearing or, in some cases, without a hearing.
Your evidence
This section will give you an opportunity to provide relevant evidence to support your application notice in the form of a witness statement alongside your claim form or written evidence.
Statement of truth
The final section of your form N244 will require you to write your name in a signature box in what is known as signing a statement of truth. This holds the same significance as swearing an oath in court so you must ensure the information you have provided is 100% accurate and truthful to the best of your knowledge.
You must also include your current address and contact details to allow the court to respond.
Can I lower my CCJ repayments?
If you can’t afford to repay your CCJ, you can apply to the court to ‘vary’ the judgment. This essentially means lowering your repayments to an amount you can comfortably afford.
However, it is important that you let the court know this within the timeframe you have been given to give them enough time to make the appropriate changes.
This can also prevent your creditor from taking further enforcement action against you such as sending bailiffs to your home or taking money directly from your wages.
The only way to lower your CCJ repayments is to fill out an N245 form with details of your total monthly income and outgoings including benefits and spending. The court fees for filing a N245 form is usually £14.
How does an N245 form work?
When you fill out an N245 form to lower your CCJ repayments, there are a number of stages involved:
Establish a budget
Before you fill out an N245 form, it can be helpful to establish a budget to work out what you can afford to pay towards your CCJ based on your household income. This will also serve as proof to the court that you can only pay the amount you have stated on the N245 form.
You must remember to include your total household income and outgoings if you are a couple as well as any payments you are making towards your debts.
Creditor approval
When you send your N245 form to the court, they will send it to the creditor that applied for the CCJ who will decide whether or not to agree to the amended repayment amount. If, for whatever reason, they don’t agree, the court will establish a fair payment amount.
Written confirmation
When a repayment amount has been agreed, the court will write to you with details of your new payment plan. This will either be the amount you proposed or an amount decided by the court.
It is important to note that, until the court has written to you with your new payment plan (which can take several weeks), you must continue to pay the original amount.
