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6 Year Rule On Liability Order Served?
blimey40
Posts: 573 Forumite
if liability started in April 1993 and the CSA did not obtain a liability order until April 2000, then the arrears up until April 1994 would be statute-barred.
So what if you get LO served in 2008, can it only go back to 2002?
Or is it still July 2000?
So what if you get LO served in 2008, can it only go back to 2002?
Or is it still July 2000?
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Comments
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I have a feeling only debts going back to 2000 are enforceable. If there is a liability order dated 2000 covering earlier debt then its enforceable.
If you can prove the address on the liability order is wrong then you can challenge it, but its a messy process involving the administrative court and there is nothing stopping the CSA getting another one - unless there is a time limit the CSA must apply for a liability order. A challenge can be either a typo in the address postcode or you did not live at the address and service was not satisfied.
Liability orders don't become statute barred under the Statute of Limitations Act 1980 nor do they expire.
I have a feeling that debts accrued before 2000 are unenforceable in court, so any payments you make are voluntary ones. I also have a feeling a DEO or other non-court enforcement can still be used if you are in employment.
Others on this forum might know different.0 -
The relevent Law is 'The Child Support [Collection and Enforcment] Regulations 1992
You will need to look at Regulation 28 to see how it affects you.
Hope this helps.0
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