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CSA Applying Liabilty Order?

snappylincs
snappylincs Posts: 8 Forumite
edited 7 December 2009 at 10:32AM in Child support
Hi,

I've just had a letter from the CSA telling us that they are taking action against the ex due to persistent refusal to pay a penny.

The ex suddenly started paying some after having some nasty letters I assume, but has apparently told the CSA they can't and won't pay any arrears.

My query is that they say they are applying for a Liability Order via the Magistrates Courts, and it could take quite a few months...

In the letter they actually state that they are applying to the Magistrates Court for this, and it could take several months. They also state they are applying for it for a period running from 10/02/09 (Edited date) to 31/07/09 (Money is owed after 31/07 for sure)

I thought the CSA (as CMEC) now did Administrative Liability Orders - to which they don't reference the magistrates courts?

It's a fairly new CSA case, it only went live in Jan 2008 or thereabouts.

Any advice?
«1345

Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    NOt yet afaik. Whilst arrears will be due after that date, that is the date so far for which they are applying for the order - if he racks up more then they will go for another one at a later date.

    Is he self employed? If not they will get a DEO for the arrears but if he is, it is a long drawnout process, but he can refuse as much as he likes - the CSA will not let him go!
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Just a quick question. How is the LO being enforced from 02 when the case was only started in 08? I'm probably misreading something.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • Sorry... My bad

    It's actually 10/02/09 to 31/07/09 got O2 on the brain!
  • shell_542
    shell_542 Posts: 1,333 Forumite
    Sorry... My bad

    It's actually 10/02/09 to 31/07/09 got O2 on the brain!

    Oh cool. I did wonder if it was a typo :o
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • speedster
    speedster Posts: 1,300 Forumite

    I thought the CSA (as CMEC) now did Administrative Liability Orders - to which they don't reference the magistrates courts

    no. thankfully the powers that be decided that they had enough draconian powers to abuse and that this would have only encouraged more corruption and incompetence on their part.

    i'm guessing he's self employed or unemployed otherwise they'd just issue a DEO.
    NEVER ARGUE WITH AN IDIOT. THEY'LL DRAG YOU DOWN TO THEIR LEVEL AND BEAT YOU WITH EXPERIENCE.

    and, please. only thank when appropriate. not to boost idiots egos.
  • If arrears go back as far as 94-97 and are therefore unenforceable under the Statute of Limitations Act. A Liability Order cannot be applied for under these circumstances,how can the CSA obtain a DEO for an unenforceable debt?,The SOLA does not allow the chasing of a debt that is more than 6 years old in the same way that an LO cannot be granted to the CSA for debts in excess of 6 years. In order to prove that a person is liable for a CSA debt do the CSA need an LO to be granted? I find the whole thing totally confusing. :eek:
  • hells_2
    hells_2 Posts: 297 Forumite
    Blue149 wrote: »
    If arrears go back as far as 94-97 and are therefore unenforceable under the Statute of Limitations Act. A Liability Order cannot be applied for under these circumstances,how can the CSA obtain a DEO for an unenforceable debt?,The SOLA does not allow the chasing of a debt that is more than 6 years old in the same way that an LO cannot be granted to the CSA for debts in excess of 6 years. In order to prove that a person is liable for a CSA debt do the CSA need an LO to be granted? I find the whole thing totally confusing. :eek:


    'Fraid not
    My sister's ex husband left in around 1990. Since then he has paid NOTHING towards his 3 (now grown up) children.
    He has dodged the CSA for 19 years, but they have an attachment of his state pension, which my sister will get instead of him.

    So no, not statute barred AFAIK
  • woody01 wrote: »
    I didn't think these criminals were subject to Statue Barred rules.

    (my brother has been dealing with these people. He has NEVER seen his ex and the nipper go without. From what they have done to him, for no apparent reason, i hope all CSA employees burn in their beds).




    All CSA debts prior to 2000 ARE subject to The Statute Of Limitations Act and as such the CSA cannot apply for Liability Orders for these. What I don't understand is how they can obtain a DEO for a debt that is subject to SOLA.
  • DX2
    DX2 Posts: 8,275 Forumite
    Agency delay
    [FONT=Arial,Arial]
    3.7 While acknowledging recent improvements in the area of enforcement, I am still seeing cases in which CSA has failed to take timely enforcement action, sometimes over a period of several years, so that the statute of limitations (to pre 2000 debts) prevents the Agency from obtaining a liability order and the outstanding debt becomes unenforceable, albeit that it remains however theoretically in some cases "collectable". These cases are particularly concerning when the non-resident parent has subsequently moved abroad, placing the non-resident parent outside CSA jurisdiction.

    [/FONT]

    [FONT=Arial,Arial]3.8 In these difficult cases, I question the concept of "collectability", believing that a non-resident parent who has been persistently non-compliant, and who has never voluntarily made good debt owed, is extremely unlikely to do so when aware that the Agency has no legal power of enforcement. In appropriate cases, therefore, I have asked the Agency to award an exceptional advance payment, whereby the arrears that have accrued on the case as a result of the Agency’s maladministration may be paid to the parent with care, and the Agency may still be able to take action to collect the arrears which remain owed by the non-resident parent if they return to this jurisdiction.[/FONT]
    http://www.ind-case-exam.org.uk/en/pdf/reports/2008-2009/CSA-Annual-Report-2009.pdf
    *SIGH*
    :D
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The statute of limitations does not apply to the CSA - whilst they cannot take an NRP to court for a debt older than July 2000, there is nothing to stop them from collecting the debt via other means; ie DEO. This will never be uncollectable unless the NRP is self-employed. They cannot write off debt.
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