Does the "Limitation Act" stand with the CSA

don16

Hi there dont suppose anyone has any advice on this situation. I have jusy found out after 13 years that I am the father of a child I was unaware of and that the CSA are now trying to make me pay towards the child. Having not known about this for 13 years you can imagine the shock of the news oh and the amount. I have a daughter that I have raised of which wants for nothing but now the CSA expect me to pay £100 a week plus arears for a child I was unaware of? As I dont pay for my daughter through the CSA they will not take into account the amount I spend on her and therefore must think I have all the money spare. I agree yes if you father a child you should step up to the mark but if you are not aware how are you supposed to know and then be expected to pay money owed for 13 years? My main question was if any one have experienced this does the "limitations act" stand on this? Does anyone know how I can fight this case to the amount? to say it has taken them 13 to contact me??

Blob

Answer 1, No there is no Limitation on this Act as it is outside of this Law! If it pre dates 2003 as would be the case you mention, then they cant get an LO or should not be able to!

Answer 2, Contact your MP and the local press as both will be able to bring pressure on the system on this type of situation!

Good Luck,

don16

Thanks could you explain what you mean by LO please? i have rec'd another letter now asking for £750 a month....how can they expect that much for one child?? FrDear Sir,

Re: Account reference [REF NUMBER] Your demand of [£AMOUNT]


Thank you for your letter of [DATE] and received by me today,

Unfortunately I an unable to accept your aforementioned demand for money because a period of more than six years has passed since you have communicated with me, and therefore we are now within the operation of the limitation act 1980.

While I appreciate you have to follow legislation known as the Child Support Act 1991, you should be aware that the Limitation Act 1980 was passed before the Child Support Act 1991 became law and therefore takes precedent.

Meanwhile, the matter is now closed.

Yours Sincerely.


[YOUR NAME] om what you are saying is that i will have to pay the arrears and that the limitations act does not stand? some one advised me to use this letter??

Blob

A LO is a Liability Order, it is needed to start enforcement action thought the Courts.

You can try the above letter but I don't think you will get very far!

In the event that they apply for a LO then get to the Court and make an application on Form 245 this will then stop all enforcement action and put the matter in the hands of the Court.

don16

Well they have said that the arrears have been added on to the monthly payments thats why its as high as it is. Can they not do that.....? I have said i dont mind paying the weekly amounts......but adding arrears on that makes in difficult??

So what would you advise......can they just add arrears to weekly payments........or can they only do that with a LO but you mentioned below they shouldnt be able to get one due to the date. Im so sorry to ask all these quetions but this is all new to me and i just dont know where to start, so i really appreciate the help you giving me help.

Like i said i know i will have to pay the standard child support but its the £750 a month that is really a worry.

Blob

The most they can take is 40% that is the law. Remember that they don't care about you and what situation they leave you in.

shell_542

Have you provided them with your income details?
Can you ask the mother of your other child to make a CSA claim so that the money paid for her can be taken into account?
Are they applying arrears to before the first time they contacted you?

They can only ask for arrears for the last 13 years if they tried contacting you 13 years ago. They can only start the case from the first time they send you a letter/ring you.

skintlady34

My daughter is 17 years old, her father and i havent been together since she was a baby. I went to the CSA in june 2010, the claim against him says that he only has to pay from the date the claim started ie june 2010, not backdated to when we seperated, so im assuming that unless she went to the CSA when the child was born and they've taken 13 years to locate you, then you'll only owe from when she stated the case.
And for the record I HAVE been trying to get money out of him for 17 years but got absolutely nowhere until last year unfortunately, he still doesnt pay but they are chasing him for the monies that are owed for the last few months.

Matt_Fry

Does the "Limitation Act" stand with the CSA

No it doesnt, the Limitation Act is for nullifying consumer and private debts, but does not work for secured debts and statutory debts e.g. tax liabilities.

PreludeForTimeFeelers

Blob wrote: »

The most they can take is 40% that is the law. Remember that they don't care about you and what situation they leave you in.

That's a simplification, they will generally only impose the 40% if you're not willing to negotiate with them, if you discuss the situation with them, and they can see your outgoings, then usually they will put this lower than the 40%. Generally the people you speak to on the phone can go down to between 30 and 35%, and their team leaders can go even lower. It depends on how much debt there is, and how long it will take to clear off all the arrears, so each case is different, but the main thing to bear in mind is that you need to be discussing and negotiating with them, not putting your head in the sand, and also not following the advice of people who say "Never phone them, always write to them".

Matt_Fry

PreludeForTimeFeelers wrote: »

they will generally only impose the 40% if you're not willing to negotiate with them.

Has there been a change in the law recently? When did CSA maintanence become negotiable?