CSA debt over 6 years can't be enforced?

Hi

Hopefully somebody can confirm this. I have nearly £3k outstanding maintenance that the CSA was collecting at the minimum amount of £5 per week as my ex went self employed and only declares minimum income. My ex ceased the payments last September and after chasing up with the CSA- I have been told that they can take no enforcement action against him for this amount as the debt originated from 6 years ago. It would appear my ex paid the minimum - waited the 6 years and is then able to simply walk away.

This just seems so unfair - the children and the cost of raising the children doesn't go away!

I was told that the CSA is bound by the creditors act or something?

Is that it for me and this money?
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Comments

  • aMeLia'S~MuMMY
    aMeLia'S~MuMMY Posts: 2,545 Forumite
    From what I am led to believe it is true that this debt (over 6 years) is unenforcable, however the CSA can still attempt to collect the debt via making an agreement with your ex partner or putting a DEO on in order to collect it, however enforcement action cannot be taken.
    :A
    This is a do-it-yourself test for paranoia: you know you've got it when you can't think of anything that's your fault.
    Robert M. Hutchins
  • okra
    okra Posts: 117 Forumite
    I don't think that's right. Are you referring to the Limitations Act? There's more on this here http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php but basically, it means that a debt cannot be enforced after 6 years from default so long as certain conditions are met. These are that a CCJ hasn't been obtained, no payments have been made, and the debt hasn't been acknowledged in writing in those 6 years. Clearly, since he only stopped payment in September, this doesn't apply to him.

    I'm not sure if this is exactly what you're referring to, but if it helps, my ex took longer than 6 years to pay his arrears and the arrears were always enforced, every time he defaulted on them.

    Edited to say; I just re-read and my heart sunk for you. You mean that he paid the £5 a week towards maintenance and nothing towards the arrears for 6 years? If that's the case, I think they're right as far as the Limitations Act goes. It surprises me that they would allow it to happen though. I'm really sorry. I hope someone who knows more can give you the definitive answer
  • kelloggs36
    kelloggs36 Posts: 7,703
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    If the CSA failed to take any enforcement action for 6 years i would be kicking up a great big stink via my MP and asking for compensation. They need to get the ball rolling and take legal action within the 6 years of the debt clocking up.
  • thanks for the replies - Okra - no my ex doesn't pay any current maintenance. It was clear from his actions of giving up his well paid job to go s/e that I would struggle to get anything from him and the CSA is just useless. The £5 a week was off arrears built up prior to him going s/e and was the minimum amount because he stated he had minmimal income ( as he was just starting out etc he had no accounts to show otherwise)

    The £5 is off his total arrears and now that 6 years has passed he has simply stopped paying it and now I am being told that no enforcement action can be taken. ( and as he's self employed a DEO isn't possible)
    Amelia'smummy - whilst you're right - the CSA can continue to TRY and continue to collect the debt - but from what I have been told, if my ex ignores them they have no powers to take it any further - a fact I'm sure my ex is well aware of.

    It's just not right is it? I feel that maintenance debt is different to defaulting on a loan or card or something - and it's just yet another loophole for absent parents to use to try and wriggle out of their responsibility to provide for their children.
  • okra
    okra Posts: 117 Forumite
    If he's paid towards the debt over the last 6 years, then the Limitations Act isn't applicable. The debt should be enforceable?

    I agree about the CSA not having enforced it. If they have genuinely let it ride, to the point where the NRP has basically been released from his debts, I'd be livid.
  • kelloggs36
    kelloggs36 Posts: 7,703
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    I thought that only if the debt had not been acknowledged in the last 6 yrs then it is statute barred, so each time he makes a payment it resets the clock as he acknowledges that debt?
  • okra wrote: »
    If he's paid towards the debt over the last 6 years, then the Limitations Act isn't applicable. The debt should be enforceable?

    I agree about the CSA not having enforced it. If they have genuinely let it ride, to the point where the NRP has basically been released from his debts, I'd be livid.

    Yes & I had a look at the link you gave earlier (thx very much by the way) and it would appear Okra that what you say is correct - in which case - why is the CSA telling me something different? Is this a case of them trying to pull the wool to save the time/money & hassle of going for enforcement? I know compared to what some people are owed it is small fry but it still means a lot to me.

    As I have a complaint in at the CEO's office regarding this and the person dealing with it is meant to call me next week with a "resolution" plan I will definitely be raising this point and why the discrepency.
  • kelloggs36
    kelloggs36 Posts: 7,703
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    Let us know how it goes.
  • well - I have trawled thru the CSA website and looks like I AM going to lose out... This is what is says.

    "However, the parent with care should be advised that the debt is only enforceable with the courts within six years of when the maintenance became due or within six years of a Liability Order being granted."

    and

    "The ‘became due’ date is now confirmed as that date on which the Non Resident Parent is notified of the liability" -

    So a nice little loophole for some.....
  • aMeLia'S~MuMMY
    aMeLia'S~MuMMY Posts: 2,545 Forumite
    Amelia'smummy - whilst you're right - the CSA can continue to TRY and continue to collect the debt - but from what I have been told, if my ex ignores them they have no powers to take it any further - a fact I'm sure my ex is well aware of.
    Didn't realise that he was still self employed ( :o ), so the CSA can make as many agreements they like with him but without being able to DEO they have very little power. Sorry I could not be of more help
    :A
    This is a do-it-yourself test for paranoia: you know you've got it when you can't think of anything that's your fault.
    Robert M. Hutchins
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