If you’re served with a County Court Judgment (CCJ) for a debt but you don’t think you should have to pay it, you may be able to pay to get it set aside using an N244 form.
But what exactly is an N244 form? And, in what situations would you use an N244 form?
Familiarising yourself with an N244 form can help you know how to respond if your creditor takes legal action against you and, for whatever reason, you don’t think you should pay what you’re being asked to pay.
This guide will go into more detail about the N244 form, including what it is and what it costs, so you can know what your options are in the event you’re served with a court order for a debt you don’t think you owe.
What is a County Court Judgment?
A County Court Judgment (CCJ) is a court order that requires you to repay an unpaid debt as instructed by the court.
It’s a form of legal action that your creditor (the person you owe) might take if they have tried various methods to get you to repay a debt but have been unsuccessful.
If you receive a CCJ claim form, it’s important to respond to it as soon as possible. Even if you can’t afford to repay the debt, keeping the court informed of your financial situation can help you come to an agreement on how to deal with the money owed.
It’s also important to note that you won’t be served with a CCJ out of the blue. If your creditor follows the correct procedure, you should be given various opportunities to repay the debt before it’s escalated to legal action.
What is an N244 form?
An N244 form (also called an application notice) is an application form used in England, Wales and Northern Ireland when you want to apply to the court or request a court hearing for a particular matter, such as getting a CCJ set aside or an enforcement notice suspended.
If you’ve been served a CCJ for a debt that isn’t yours or want to delay an unlawful eviction, the only way to stop any enforcement action in its tracks is to complete and submit an N244 form.
This will ensure your case is heard in front of a judge.
However, it’s important to note that an N244 form is not the same as an N245 form, which is used to vary an existing court order.
When would I use an N244 form?
An N244 form can be used in a variety of situations but it’s mainly used to challenge or set aside a CCJ. This might be an option if, for example:
- You didn’t receive the correct paperwork from the court
- You weren’t given enough time to respond to the claim form
- Your creditor didn’t follow the correct procedure when applying
- The debt was fully repaid before the judgment was issued
- The debt is statute-barred (the deadline for legally enforcing it has expired)
Regardless of the reason for needing an N244 form, it’s important that you act promptly.
The sooner you take action to set aside your CCJ, the sooner you can get your finances back on track.
How do I fill in an N244 form?
An N244 form requires you to provide details about your financial situation.
We’ve provided a step-by-step guide to completing some of the most important sections of the N244 form below:
Information box
In the top right corner, you will be asked to provide some information to help the court identify your case.
This includes the name of the court, your claim number, your warrant number, the name of the claimant (your creditor’s name), the name of the defendant (your name), and today’s date.
This information can be easily found on your claim form.
Main body
The next section of the form will ask you some specific questions about your case. These questions are designed to allow you to explain why you are applying to get the CCJ set aside and how you want your case to be dealt with (e.g. with or without a court hearing).
The more information you can provide, the quicker you can get your case resolved.
Evidence box
The final section of the form will ask you to provide some supporting evidence. This is where you should outline an offer of payment, state whether you’ve sought expert debt advice, and list the potential consequences of the CCJ (e.g. it would put you at risk of eviction).
This is also where you should attach copies of supporting paperwork if necessary, such as creditor emails or letters.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
How much does an N244 form cost?
There is a court fee required to return an N244 form. This is to cover the cost of representation, administration, and legal fees.
However, if your creditor consents to the removal of your CCJ, your fee will be reduced to £119.
Depending on your circumstances, you might also qualify for help paying this fee in the form of legal aid.
This will require you to demonstrate that you can’t afford the associated legal costs and your financial situation is serious – the court might ask for proof of your income before they waive your court fee.
What are the Time Limits for Filing an N244 Form?
It’s crucial to submit an N244 form as soon as you become aware of the CCJ. There is no strict deadline, but the sooner you act, the better.
Delays in taking action can make it more difficult to convince the court to set aside the CCJ.
Do You Need Legal Representation?
You do not necessarily need a solicitor to complete an N244 form, but getting professional advice can help ensure your application is filled out correctly, particularly if your case is complex.
Legal representation can also assist you during the court hearing, increasing your chances of successfully setting aside the CCJ.
What If the N244 Application Is Rejected?
If your N244 application is rejected, you may still have options. You may be able to appeal the decision, depending on the circumstances.
If you wish to appeal, it is advisable to seek legal advice, as there are specific grounds that must be met for an appeal to be successful.
Debt help tailored to you
From writing off a large portion of your debt, to readjusting your budget, we’ll find a solution that suits you.
Is There an Alternative to Using an N244 Form?
In some cases, an N244 form may not be the only solution:
- N245 Form: If you acknowledge that you owe the debt but need more time to pay, you can use an N245 form to request a change in the repayment terms of an existing court order.
Conclusion
An N244 form is a document that can be used for various purposes but is mainly used to get a County Court Judgment (CCJ) set aside.
Once a CCJ has been set aside, it will be removed from your credit file.
An N244 form can be used if you didn’t receive the correct paperwork from the court or you repaid the debt before the CCJ was issued.
It costs £303 or £119 to return an N244 form to the court. This fee is non-refundable, so you must only apply to set aside a CCJ if you’re confident you shouldn’t have to pay it.
Key Takeaways
- An N244 form is typically used to set aside a County Court Judgment (CCJ) if you don’t think you should have to pay it
- An N244 form can be used if your creditor didn’t use the correct procedure when applying for the CCJ
- N244 forms require you to input information about your financial situation, including your claim number and any supporting evidence
- It costs £303 to send an N244 form to the court but £119 if your creditor agrees to remove the CCJ
- If you can demonstrate that you can’t afford the £303 N244 fee, you might qualify for legal aid
