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

tarifa1234

Where can I find out about this july 2000 re backdated arrear can the CSA back date in 2005 to 1997? PS Emma my my daughter lives with me, mother can not have contact. and did when the CSA concluded that they got it wrong and asked fro £45,000.00. now they have told me that I will be in prison by christams and the ouse sold to pay arrear to the mother how the court are protecting Emma from.

sionmanf2010

Hi there, out of the blue i have had a phone call from the CSA saying i owe them £1400 from 1999, at that time me and my partner split up for a period of time but we were back together shortly after and have been together since

In the time that lapsed i have had no contact or notification saying i have had this debt, can they chase me for this?

i was on benefits back then and have been for 9 of the last 10 years

to say i was shocked by the phone call was the understatement of the year!!!

CSA_Debt_Bod

Sionmanf2010,

First off,you should ring the CSA and ask them who the debt is owed to. If it is owed to the PWC, she can ask for the debt to be wiped off - presumably as you are now together she would agree to this. If however it is owed to the state (if your partner was in receipt of benefits while you were apart) then I'm afraid you would still owe it, and they can still chase you for it even though they didn't contact you about it in the intervening time. As the debt is over six years old, they cannot pursue you through the courts for this debt, but they could put a deduction from earnings in place to collect the debt from your earnings. If you are on benefits now, or self employed, they wouldn't be able to enforce you to pay back any of this debt.

Did you inform the CSA that you were on benefits during the time your case was open? If you did tell them that at the time, and you didn't work during the time you were separated from your partner, you shouldn't owe anything like that as your assessment should have been around five pounds a week.

So you should ring them and ask them
- who is the debt owed to
- what dates did the debt accrue between
- when your case closed (to check that they closed it at the correct time - when you and your partner were reconciled - and that the debt didn't continue to accrue when you were back together)
- if they have a record that you told them you were in receipt of benefits during the time your case was open

Hope this is helpful. Good luck!

kevin137

I know this is an old post, but going through it all now so was a bit confused by all the talk of limitations etc.

If i am correct the current system and logic says that the CSA have no limitations because they are a government agency is that right...? So under these rules then they are not limited to 6 years as private companies or individuals are... Please correct me if i am wrong on this.

It was my understanding that the CSA are in fact 12 separately registered private organisations and i do in fact have copies of there business registrations which i will gladly forward for others to use in trying to use as a get out from these limitations

My situation is slightly different in that the CSA has obtained a liability order against me without notifying me of the court dates.

The 1st date back in April, i was notified by the CSA in writing to my home address in Norway, so i wrote a letter to the court asking for an adjournment as i was unable to get there in time for the hearing. They took this onboard and adjourned. In this same letter, i notified them of my CORRECT address in Norway, and asked they write to me here in the future.

I was again notified by the CSA of the next hearing some 48hours before the hearing was to take place. NOTHING from the court despite having my address...!!!

I again wrote to the court, this time emailing the letter to my mother in the UK who kindly sent the letter recorded delivery the following day 24 hours before the hearing...!!!

The only difference this time was that they heard it in my absence...!!!

I have since NOT had any notification of the liability order from the court, but have however received a copy of it from the CSA..!

So i raised a complaint with the court who would you believe responded to me at my correct address...!

The letter says as follows.

Your letter of the 22nd August has been passed to me as the Clerk in Court on the above date.

I note the contents of your letter and accept what it is that you say about notification of the hearing date from this court.

On the 22nd of July the Magistrates were made aware of the contents of your letters dated the 13th April, 31st May and the 20th July. They deemed that you knew about the above hearing and having heard from the CSA using their judicial discretion proceeded to issue the liability order in your absence.

Given that you were aware of the hearing date, made no representations on the issue of the liability order and chose not to attend the hearing i am unable to assist you any further in this matter. The remedy you seek is not available for the reasons outlined above.

I mean how ridiculous, how can they expect someone who they know lives in a foreign country to attend without notification.

I emailed the sender of that letter a very nice reply.

Thank you for your response dated the 31st August

While i appreciate the Judicial Discretion that your magistrates have in matters before there court, i find it absurd, that having previously notified yourselves of my current address, and in fact that of the CSA, that you managed to NOT notify me of a hearing date and in fact i only found out some 48 hours prior from the CSA.

If this is what Judicial Discretion is for then let me tell you what it amounts to !!!!!!!!...!!!

How am i supposed to fairly defend an action against me when you do not notify me of a hearing.

I will say now that a liability order while may be in place, it infact has no meaning to me, as i was not represented at that hearing in keeping with the LAW of the land, for me to be held accountable i need to be notified, i will now be taking legal action against the courts, and the magistrates for breaching my human rights so if you could be decent enough to disclose the names and addresses of the magistrates who dealt with this case i would appreciate it. I would also like copies of there commission of oaths for proof that they did n fact have the right to hear the case that was brought in my absence.

I trust that you can understand that i am extremely frustrated with this action as i contacted you about the oversight by your office and still find that the law in england is completely farcical and appears to be run more on the basis on corruption by government than for the common people. You are in fact a government agency, albeit registered as a private company, does that mean that i have the right to sue yourselves for any loss suffered by myself as an individual by your contempt towards my case?

You will be hearing further from me, but i trust the information i require will be sent within 14 days.

Regards

I now await the outcome of my outburst and then start down the appeal process and possibly judicial review, which i am probably out of time for, but having never received the order itself would be hard to argue against.

The fight begins....