CSA applying for a liability order on a debt that is more than six years old

Lay_D_Spendalot

Hi new here.

The CSA say they applied for a liability order in a magistrate’s court for unpaid maintenance. The whole debt is wholly more than six years old and my partner has not received anything from a court telling him where and when to appear and now it seems the CSA already have the liability order.

I understand Section 2 of the Limitation Act 1980 means: An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

I also understand an Act of Parliament can only be rebuked by further Act of Parliament.

I have looked in the Child Support Act 1991 and can find nothing that rebukes Section 2 of the Limitation Act 1980.

1. Can the CSA lawfully apply for a Liability order for a debt that is out of time under the Limitation Act? (if so, on what grounds)

2. Is there a legal requirement I am summonsed? (and what law says so) or can the application be in his absence?

3. If not, how does he get it overturned?

TIA

Loopy_Girl

CSA are not included in the time limitation act.

They can chase for arrears until they are paid, however long that takes.

Also, neither party get told when or where the LO is being granted.

Lay_D_Spendalot

I was hoping for something more factual.

Loopy_Girl

Lay_D_Spendalot wrote: »

I was hoping for something more factual.

They are the facts

There was a LO granted against my ex recently hence my knowledge about LO's and the reason that they are not included in the time limitation is becasue the money is for children.

But hey, you're welcome:rolleyes:

Loopy_Girl

Lay_D_Spendalot wrote: »

I have looked in the Child Support Act 1991 and can find nothing that rebukes Section 2 of the Limitation Act 1980.

1. Can the CSA lawfully apply for a Liability order for a debt that is out of time under the Limitation Act? (if so, on what grounds) Yes. The grounds are that child maintenance debts are not included in the act you quoted. This is the same for any Government body.

2. Is there a legal requirement I am summonsed? (and what law says so) or can the application be in his absence? No. The arrears have accrued for over 6 years (see above) And yes, the application is done in his absence. I would assume that he has been given plenty opportunity to pay as this is a legal enforcement practice. Going on recent experience, he should have been warned that a LO would have been granted should he not make arrangemnts to pay the arrears. This isn't a legal requirement however.

3. If not, how does he get it overturned? He can't. The maintenance should have been paid and then this situation wouldn't have arisen

TIA

Hope that is factual enough for you. I can't show you a link to anything as there is nothing to show. Bottom line is they can chase and take action for years after the arrears began accruing.

marksoton

However arrears prior to 2001 are currently time barred as far as an LO goes. The CSA can chase them via a DEO though.

bdt1

Marks - I thought it was arrears before 2000 they couldn't proceed with - am I wrong?

marksoton

bdt1 wrote: »

Marks - I thought it was arrears before 2000 they couldn't proceed with - am I wrong?

I thought it was 2001,you may well be right though.

bdt1

Just been dragged literally through the arrears system and subsequently to Court by CSA ( INCORRECTLY - MP wants us to apply to Parliamentary Ombudsman for compensation!!)- won't go into it, but you can read my previous threads if you got a spare month or so off work - but sure they working on arrears post 2000. Anythin before that they can't touch, but again, suppose Kelloggs best 1 to ask.

marksoton

bdt1 wrote: »

Just been dragged literally through the arrears system and subsequently to Court by CSA ( INCORRECTLY - MP wants us to apply to Parliamentary Ombudsman for compensation!!)- won't go into it, but you can read my previous threads if you got a spare month or so off work - but sure they working on arrears post 2000. Anythin before that they can't touch, but again, suppose Kelloggs best 1 to ask.

I think you may be right. However as said it does not stop them trying to collect the debt via DEO.

jacklink

apparantly there is no statute limitation on csa issues (dont quote me though)