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

Lay_D_Spendalot

Loopy_Girl wrote: »

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

Pronouncing a debt in the debtors absence without a fair trial is about as lawful as finding a defendant guilty without summonsing him to appear before the court. Something doesn't sit right.

Is there any legislation that prescribes rules on how the CSA should apply for a liability order?

I appreciate NACSACHAIR mentions law not ratified yet, but I need to know the rules as they stand today. I don't know the date on the liability order yet. We havnt even seen it.

Lay_D_Spendalot

Sensemaya wrote: »

The PWC can use REMO. Portugal is included.

I don't think REMO would apply to us because the children all living with us from 2003.

Sensemaya

Lay_D_Spendalot wrote: »

I don't think REMO would apply to us because the children all living with us from 2003.

OK. So this is another case where the parents have changed roles.And now the CSA are hassling you for so-called arrears supposedly dating back from the swap over.

You need to get an account breakdown.

I'm going to PM you.

Lay_D_Spendalot

Thanks for your advice so far it has been excellent and I have acknowledged this. I need to ask for your help once again.

Relating to Question #2 in my original post.

Section 34 of the Child Support Act 1991. http://www.opsi.gov.uk/Acts/acts1991/ukpga_19910048_en_3#pb6-l1g34

Under sub-section (1) it says:

(a) prescribing the procedure to be followed in dealing with an application by the Secretary of State for a liability order;
(b) prescribing the form and contents of a liability order; and

Can anyone direct me (preferably a link) to that prescribed procedure described in (a) as it would have been at Jan 19 and April 24 2006.

And to the prescribed form and contents of a liability order described under (b)

Mar01tyn

Hi all
I have been reading these threads with pure horror? I split up from my first wife in 1995 and have had an assessment from the CSA since about 1996. During the time since the breakup some years I have paid and some I haven’t. For about the last 10 years I have been receiving correspondence from the CSA advising no money was owed. I guess these statements came through yearly and I thought nothing of them so I shredded them. Recently I have received a statement advising the file was closed as my son was now 19. They didn’t however send anything when my eldest son reached 18? Today I received a bill for £8000. I called the office on the letterhead to ask what they were playing at. They state that despite the statements I have received over the years stating a nil balance was owed, I owe the money. They also state that the statute of limitations doesn’t apply to them?
I have advised them that I recently declared myself bankrupt and am on jobseekers allowance and they advised CSA debt can’t be included in my bankruptcy. No evidence of my alleged debt has been offered although I have asked for a full breakdown of their claim and all records held on my file under data protection legislation.
If there is anything you feel you can do in this instance, please let me know.

koski1

We have just received a letter of 'intention to apply for a liability order' , having phoned them we were told it would go to court in around a months time and which court it would be at. Also that my husband does not have to attend. Hope this helps

Blob

I would also suggest that you look into the Sutherland case that states that it matters not as to the date of the debt but the date of the assesment. That has been upheld by a Court even when the CSA were lieing through their back teath, so they will now have to explain this to a Court of Appeal!

LizzieS_2

Lay_D_Spendalot wrote: »

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.

The rules were not applied retrospectively. Any CS debt accrued on or before 12 July 2000 was already time-barred when the csa legislation referred to above came out. All the legislation did was to remove the limit for any that were not already time barred, but for obvious reasons it could only be for debts after 12 July 2000. All is explained in the explanatory notes at the end.

In your partners case the Limitation Act would not coever the period 13 July 2000 to 2003 (though you do need the data files as the csa may well have calculated beyond 2003).

kelloggs36

It doesn't mean however that the debt can be written off - they will still hound you for it.

Blob

You might like to make an application tothe Courts on form N245 and ask then to set the amount that you actually have to pay back each month if they get too heavy.

I would think that if you told then that you were going to make this application then they would sit up and take notice!

Just a thought.:rolleyes: