Question for Kellogg - CSA Statute Barred?

jules441965

Hi there,

I'm a newbie here so apologies if I'm posting in the wrong place.I was kindly directed here and told to ask for Kellogg?
I'll try to keep what is a very complicated situation brief.
My OH is being taken to court by the CSA for a liabilty order for a claim going back to 1996.
For personal reasons, my OH never acknowleged the claim other than some initial telephone calls, as the PWC lodged the claim with the CSA, 7 years after registering the child as "father unknown" on his birth certificate and when OH asked for DNA testing, she disappeared for nearly 12 yrs!
The CSA have produced as evidence, only 2 demands, one dated september 1996 and one dated april 2006.
In 2006 they lodged their first attempt for a liability order, which they abandoned in court at the last minute.
However they are now going ahead again...given that they are trying to claim a debt going back to 1996, are we in a position to use the statute of limitations at all? (We're in Scotland)

Many Thanks in advance,
Jules

kelloggs36

Has a full assessment been done at all, or it is based on an Interim assessment? Please could you give some more details about the case? Arrears accrued prior to 12 July 2000 are statute barred in Court, however, new legislation (not sure if or when it come into force) will not require a Liability Order granted in Court - and it can go back as far as the CSA inception! I will look into that. Also, Scottish law differs in some areas, so I am not secure in Scottish law - certainly LOs applied as they did under English law but I don't know if there are any differences in time scales at all.

First step is to establish what the debt is - a real debt or an interim assessment debt - there is a huge difference between the two!

jules441965

Hi there,

Thanks for your prompt reply. The initial demand was definitely based on an iterim assessment in 1996.
As the weekly amount of maintenance demanded doesn't change right up to the final demand sent in 2006, I'm assuming this figure is still based on the iterim assesment?

Sorry, forgot to add..the new legislation you're referring to..I'm thinking that maybe because they're having to apply to the sheriff court for the LO, those administrative powers might not be in place up here yet?

kelloggs36

It is entirely possible that that is the case. you need to get the interim assessment converted to a full assessment by sending in all the relevant info ie income details and housing costs - that way it will be reduced.

jules441965

Thanks again, will get that done asap.

CSA_Help

There is no statute barring in Scotland under Scottish Law so they can go back to whenever they see fit unfortunately:(

jules441965

Oh, thank you..can you direct me to the legislation for that please?

I know now, that in England and Wales, the term is Statute barred and in Scotland, they use the Liability for debts & the Prescription & Limitation (Scotland) Act 1973 but despite reading it over time again, I can't make head nor tail...Info overload perhaps.

markeymark

why isnt he getting a DNA test done now, surely if he asked for one before there must be a doubt the child is his???

CSA_Help

jules441965 wrote: »

Oh, thank you..can you direct me to the legislation for that please?

I know now, that in England and Wales, the term is Statute barred and in Scotland, they use the Liability for debts & the Prescription & Limitation (Scotland) Act 1973 but despite reading it over time again, I can't make head nor tail...Info overload perhaps.

Not sure where it states in in their joke book but i have the court paperwork which i#ll try and dig out. (Appears then and now that the figures were wrong anyway but its not the courts to decide whether the figures are accurate which is why mine dragged on for 4 sittings)

jules441965

Thanks for that CSA Help, that'd be much appreciated. I just want to make sure we've covered every angle.

Markeymark-As for getting a DNA test done, we have no contact with the PWC or the child and despite repeatedly requesting that the CSA arrange it, we've heard nothing. A fact we'll be using in court.

Also, just found this in Parliament.UK
Select committee on Work and pensions Forth Report

The 6yr rule, maladministration and compensation
275. There is no reference in the white paper to the substantial part of the debt that is legally unrecoverable. i.e Debt that is more than 6yrs old.
The CSA originally had no powers to obtain a liability order in respect of debts that were more than 6 years old.

New regulations introduced last year removed this limitation period but only in relation to amounts that became due after 12 July 2000 (i.e. amounts that were not already time-barred at the commencement of the new Regulations).
276. Therefore, while there is now no six year time bar, some arrears have already become time barred by the elapse of time (for example, 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)

markeymark

wish you luck on this one, why dont you send another request to CSA asking why you arent allowed a DNA test and why they have refused to acknowledge this request. send it recorded delivery to gain more evidence for your court case as CSA can mysteriously say they havent received documents and letter's, also would be idela for you to get a copy of your DP file to see whats in that