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CSA - arrears & liability order
another_csa_victim
Posts: 1 Newbie
In a short version in 2008 my CSA case was closed following an over payment. The over payment was used to clear arrears on the account and as I thought brought an end to everything. However, I then was notified that the case had been reopened following a complaint by the parent with care and the CSA stated that I owed £762.17 from 1998 to 2001. After countless phone calls I have been unable to obtain comprehensive statements to show where this arrears has amounted from and the only explaination has been given that the arrears are to be paid back to the Secretary of State. I believe that I do not owe this money. Today (13/7/2010) I have received a letter stating that they are taking me to court to obtain a liability order, however I believe they have unlawfully obtained the summons as the first notice I received stating they were going to apply for the order was dated 5 July 2010. This letter stated that I had 7 days to pay the arrears, before they would apply for the order. Todays letter included a summons to court which was stamped 7 July 2010, which means the summons was obtained only 2 days after they sent me the first letter. On reading the information detailed on the first letter dated 5 July 2010 it states that the Magistrates Court may consider the following before deciding to grant a liability order:
the amount has not been legally demanded because a legal condition has not been met. This means the CSA have not done one or more of the following:
1. informed me of the amount I'm to pay
2. provided an opportunity for me to pay
3. sent the summons at least seven days after the full balance had to be paid.
It is on point 3 that I feel the CSA has carried out incorrectly.
Can someone please help me with this? I need to know if the CSA are able to obtain a liability order for the amount they say I owe even though they are saying it is from the period 1998 - 2001. Also have they failed in following the correct procedure in obtaining the summons to court for the liability order and can they re apply?
the amount has not been legally demanded because a legal condition has not been met. This means the CSA have not done one or more of the following:
1. informed me of the amount I'm to pay
2. provided an opportunity for me to pay
3. sent the summons at least seven days after the full balance had to be paid.
It is on point 3 that I feel the CSA has carried out incorrectly.
Can someone please help me with this? I need to know if the CSA are able to obtain a liability order for the amount they say I owe even though they are saying it is from the period 1998 - 2001. Also have they failed in following the correct procedure in obtaining the summons to court for the liability order and can they re apply?
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