ccj and time limits

nomoneynomoney

does anybody know if there are time limits for ccj's from serving the claim to proceeding with the claim.

I was issued with a claim agaimst me in 2006 - until the present date the claimant has not proceeded with the claim. I admitted the claim and returned the forms but it has never been dealt with.
Can the claimant use these details to obtain a judgement or would they need to re issue the claim. I now feel that I could defend this claim

fermi

I remember reading in the Civil Procedure Rules that you can apply to the court to withdraw an "admission" if you believe you have grounds.

I can't remember any time limits for the creditor acting on an admission if it's not withdrawn though.

I'll have a quick look for info.

nomoneynomoney

thank-you fernie
the court did not receive my admission because the claimant did not send it to them.
Maybe I can phone the court and ask how I withdraw an admission

penguin83

The claimant has 6 months to request judgment from the date that the defence/admission was due.

After that they need to apply to the court for leave to request judgment giving reasons why they havent requested it sooner. x x

fermi

penguin83 wrote: »

The claimant has 6 months to request judgment from the date that the defence/admission was due.

After that they need to apply to the court for leave to request judgment giving reasons why they havent requested it sooner. x x

Thank penguin.

Saves me looking through some incredibly boring documents.:T

nomoneynomoney

thank-you so much fermi and penquin
can you possibly point me to the reference it came from because I will need to write a carefully worded letter stating these facts.

penguin83

I'll have a hunt around for the specific rule for you x x

nomoneynomoney

thanks penquin83
I admitted this 2 years ago and now realize that I may have a defence. I was that bogged down with debt collectors that I would have signed anything to keep them away. I'm much stronger now. I contacted this creditor to try and negotiate a full and final settlement but they want so much more than the original debt and all they say is you've admitted this debt. I may have admitted it but they never proceeded with the claim. Why I don't know -maybe so that they can keep threatening me every so often. If I can withdraw my admission and use the relevant rule that will be wonderful

penguin83

Here is info on withdrawing an admission. The application would have to be made on Form N244 with a £40.00 court fee.

What was the last thing to happen on the case and did you file a full or part admission? x x

fermi

penguin83 wrote: »

Here is info on withdrawing an admission.

That's the bit I remembered reading.

But I couldn't find anything about "6 months", apart from a time limit for service of the claim. Must be there somewhere though.

penguin83

No I cant find it either. It is definately on the job cards though (on the courts internal site) so I will have a look on there on Monday - this must be the only time I wished I was in work - it will annoy me all weekend!

Thinking about it even more, the computer would have put an automatic stay on the case after the 16 day response time had passed if the OP filed the admission at court. x x