A CCJ that is "set aside" by the court is cancelled, and it should then be removed from the Register of Judgments, Orders and Fines and, in turn, from your credit file. This is different from a judgment simply being satisfied: a set-aside CCJ is treated as if the court had not made it, whereas a satisfied one still shows for the full 6 years. Getting a judgment set aside usually requires a specific reason, such as never having received the court papers or having a genuine dispute about the debt.
This page looks at what set aside means, how the application works, and the timing questions that come up if you want to remortgage while an application is pending or has just been decided. For the wider picture, see remortgaging with a CCJ.
On this page
This page covers
- Credit issue
- County court judgments (CCJs)Usually stays on your credit file for 6 years from the judgment date.
In short
- A set-aside CCJ is cancelled and should be removed from the register and your credit file, unlike a satisfied one.
- You usually need a specific reason to apply, such as not receiving the court papers or a genuine dispute about the debt.
- Even if a CCJ is set aside, the creditor can usually still pursue the underlying debt through the courts again.
- Check your credit file has actually been updated once a judgment is set aside; it does not always happen instantly.
What does 'set aside' mean?
Setting aside a CCJ means the court cancels the judgment. This is most often used where someone did not know a claim had been made against them, commonly because the court papers were sent to an old address, or where they have a genuine reason to dispute the debt. Once set aside, the judgment should be removed from the register, so it should not appear on your credit file.
It is a different outcome from paying a CCJ. Paying, however promptly, marks a judgment satisfied but does not remove it from your file unless it was within one calendar month of the judgment date. Set aside removes the judgment itself, as though it had not been made.
How to apply to have a CCJ set aside
You apply to the court that made the judgment, explaining why you believe it should be cancelled. Common grounds include never receiving the claim form, applying to have it set aside promptly once you found out, and having a real defence to the original claim rather than simply disagreeing with the amount.
There is usually a court fee, and the court decides based on the evidence you provide. GOV.UK sets out the process for county court judgments, and a free debt adviser can help you work out whether an application is likely to succeed before you commit time and money to it. Our guide on how long a CCJ affects a mortgage explains the wider timeline if the application is not straightforward.
Even where a CCJ is set aside, the creditor can usually still bring a fresh claim for the underlying debt if it is genuinely owed. Set aside deals with the judgment, not necessarily the debt behind it, so it is worth understanding what you are disputing before you apply.
Timing: applying for a remortgage while set aside is pending
If you want to remortgage while an application to set aside a CCJ is still going through the court, the judgment will usually still show on your credit file until a decision is made and the register is updated. Some lenders may ask about a pending application and take a cautious view until it is resolved, while a few may proceed as normal.
If you can wait for the outcome, that often gives the clearest picture to present to a lender. If your deal is ending and you cannot wait, an adviser can talk through the realistic options with the CCJ still showing, similar to those covered on our page on remortgaging with an unsatisfied CCJ if the judgment has not been paid.
Checking your credit file after a CCJ is set aside
Removal from the register does not always update your credit file straight away, so it is worth checking rather than assuming.
- Get written confirmation from the court that the judgment has been set aside.
- Check your free statutory report from Experian, Equifax and TransUnion a few weeks later.
- If the CCJ still shows, contact the agency concerned and provide a copy of the court order.
- Keep the court paperwork safe, in case a lender or agency asks for proof later.
A CCJ shown as satisfied rather than removed suggests it may not have been correctly set aside on your file, and is worth querying before you apply to remortgage.
What matters if a CCJ has been, or is being, set aside
| Factor | Why it matters |
|---|---|
| Whether the application has been decided | A pending application usually leaves the CCJ showing on your file until the court reaches a decision. |
| Confirmation from the court | Written proof that a judgment has been set aside, to show a lender or dispute a credit file entry. |
| Whether the register has been updated | Removal from the register should feed through to your credit file, but this can take time to check. |
| Whether the creditor may reissue the claim | A set-aside judgment does not necessarily end a genuine debt dispute. |
| Other credit history | Any other CCJs, defaults or missed payments still on your file alongside the one being set aside. |
| Timing of your mortgage deal | Whether you can wait for the outcome or need to act before your current deal ends. |
| Loan to value and affordability | The usual factors a lender weighs alongside your credit history. |
These are general points, not lender rules. Each lender sets and changes its own criteria.
Information an adviser may ask for
You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.
- A copy of the original judgment and your application to set it aside
- Written confirmation from the court if a decision has been made
- Recent copies of your Experian, Equifax and TransUnion reports
- A short explanation of why the CCJ is being disputed
- Your mortgage balance, deal end date and an estimate of your home’s value
- Proof of income and your main monthly outgoings
Frequently asked questions
What is the difference between a CCJ being satisfied and set aside?
Satisfied means the debt has been paid, but the judgment still shows on your file for 6 years from the judgment date. Set aside means the court cancels the judgment itself, and it should be removed from the register and your credit file.
Can I remortgage while my application to set aside a CCJ is still pending?
It can be harder, because the judgment will usually still show until the court decides. Some lenders may take a cautious view of a pending application. If you can wait for the outcome, that often gives a clearer picture.
If a CCJ is set aside, can the creditor come after me again?
Usually yes, if the underlying debt is genuinely owed. Setting aside deals with the judgment, not necessarily the debt itself, so the creditor can normally bring a fresh claim unless the dispute is resolved another way.
How long does it take for a set-aside CCJ to leave my credit file?
There is no fixed timescale, and it does not always happen automatically once the court decides. Check your report a few weeks afterwards, and raise it with the credit reference agency if the judgment still shows.