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

kelloggs36

Debt prior to July 2000 would be statute barred BUT that does not stop them from applying a DEO so only the self employed are safe there. After July 2000 the statute of limitations does not apply.

Sensemaya

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.

The system is making life more painful than it already is, by having to go via ICE...Independent Case Examiner...before involving the Parliamentary Ombudsman. Now it would be great if your MP would put in a separate complaint to the powers that be who reside on Mount Parnassus to get this revoked.

But I suspect this has been introduced as the PO was being bombarded with so many complaints, they couldn't cope. It adds on, generally, at least a whole year before you can approach the PO.

It is very wrong.

Lay_D_Spendalot

Thanks everyone, it seems unanimous the CSA doesnt need to comply with S.2 of the Limitation Act 1980 (but still havn't seen any legislative evidence to support this position while evidence to the contrary exists).

I am still looking for an answer for question #2

I ask because the CSA started writing to my partner at an address I own as a buy-to-let property in London and we are currently refurbishing it between tenants. Since 2001 we live in portugal running a potato farm and the CSA says the debt is child maintenance from 2001 to 2003.

I need my facts right before we respond to the CSA.

Someone talked about an Independent Case Examiner and its website is an interesting read. Is there a procedure we must follow before going to them?

Lil2002

http://www.dwp.gov.uk/advisers/docs/lawvols/orangvol/pdf/o_8931.pdf

Link to the legislation. Regulation 3.

Loopy_Girl

Lil2002 wrote: »

http://www.dwp.gov.uk/advisers/docs/lawvols/orangvol/pdf/o_8931.pdf

Link to the legislation. Regulation 3.

Hey Lil:santa2:

Thanks for that...have been hunting around to try and get something for the OP.

Loopy_Girl

Lay_D_Spendalot wrote: »

I am still looking for an answer for question #2

So your partner knew there was an ongoing case and moved? Presumably he didn't inform the CSA of his new address?

As the LO's are granted with neither party being present (as already advised) then it would be granted in his abscence.

Bit like when a debt goes to a debt collector or sherriff officer. As a debt has been outstanding and all recovery action has failed, then legal enforcement action can be taken in your absence.

NACSA_CHAIR

kelloggs36 wrote: »

Debt prior to July 2000 would be statute barred BUT that does not stop them from applying a DEO so only the self employed are safe there. After July 2000 the statute of limitations does not apply.

Kelloggs is spot on - for now at least. Come April 09 - the CSA no longer have to apply to the courts for a Liability Order, and there is no absolute response from them as yet as to whether or not they will be using Administrative LOs to collect pre 2000 debt...watch this space!

Lay_D_Spendalot

Loopy_Girl wrote: »

So your partner knew there was an ongoing case and moved? Presumably he didn't inform the CSA of his new address?

No, he just didnt know the CSA were accruing a debt. He thought the case was all paid up before he sold his house in the UK and we bought the farm with the proceeds.

While we are in the UK, we are looking into clearing it up, if we cant then we'll just leave it behind when we return to Portugal for the next growing season.

I underatand there is no maintenance liability where there is no income/employment/address in the UK. Is that not the case?

Lay_D_Spendalot

Lil2002 wrote: »

http://www.dwp.gov.uk/advisers/docs/lawvols/orangvol/pdf/o_8931.pdf

Link to the legislation. Regulation 3.

Thanks for the link.

The document says this law was laid before Parliament on June 16, 2006. My partners CSA debt last accrued in January 2003 and I understand no law is enforceable retrospectively. Article 7 of ECHR - retrospectivity.

If the Child Support Act 1991 permits the CSA to avail themselves to newly passed laws and applying them retrospectively then would appear the CSA is exempt from the Limitation Act. This answers question #1.

Sensemaya

Lay_D_Spendalot wrote: »

No, he just didnt know the CSA were accruing a debt. He thought the case was all paid up before he sold his house in the UK and we bought the farm with the proceeds. The case needs to be closed, otherwise arrears will just keep accruing.

While we are in the UK, we are looking into clearing it up, if we cant then we'll just leave it behind when we return to Portugal for the next growing season.Arrears will still be accruing.

I underatand there is no maintenance liability where there is no income/employment/address in the UK. Is that not the case?

The PWC can use REMO. Portugal is included.

Here's a couple of links.

http://www.csa.gov.uk/en/case/remo.asp

http://www.officialsolicitor.gov.uk/os/remo.htm

I would contact the CSA because they are not going to go away. They already have your buy-to-let address. I would ask for a full account breakdown and get it sorted once and for all..