Does the "Limitation Act" stand with the CSA

mrsspendalot

Maintenance payments are not negotiable, I think the poster is suggesting that arrears payments on top of ongoing maintenance liability is negotiable

PreludeForTimeFeelers

mrsspendalot wrote: »

Maintenance payments are not negotiable, I think the poster is suggesting that arrears payments on top of ongoing maintenance liability is negotiable

Yeah, apologies if that wasn't clear, on 'new rules' the maximum assessment for regular maintenance will be 25%, which obviously can't be negotiated, but the arrears repayments can.

Blob

Sorry and all that but after 2 ICE reports and an Ombudsman report, it has been found that they have taken up to 67% a week off me at times! As for negotiating, they don't know how to. The arrears on my account have been found to be the fault of the CSA end of, and they refuse to negotiate even when my MP intervened, it is them that are putting their heads in the sand, that is why there is now a 3rd ICE report underway, as well as my MP trying to get a Ministerial investigation in to them, for among other things, trying to say that he was acting against them because he knows me, how will that stand up when my ex is his Agent's sister in law!

Matt_Fry

Don16. I think I may have my facts wrong.

I cant find anything in the Limitation Act that states it does not apply to statutory debts. A statutory debt is a debt that arises from a point of law.

There is some CSA secondary legislation that does specifically rebuke the Limitation Act and states that the Act shall not apply to debts having been pronounced by a Liability order.

However this legislation is only in secondary legislation and in any event, post dates the Limitation Act. Only another act of Parliament can repeal an existing act of Parliament.

Sent the letter anyway and if the CSA ignores it then speak to your MP and ask the Parliamentary Ombudsman to intervene.

Please post back here when you have made some progress good or bad. I would be interested to see what I have missed, or how the CSA if able to rebuke an Act of Parliament without repealing it.

bdt1

Suppose my 1st question would be are you sure the child is defintiely yours?

There are approved DNA testing that CSA accept

Sidekick_2

Matt_Fry wrote: »

Don16. I think I may have my facts wrong.

Yes !;)

I cant find anything in the Limitation Act that states it does not apply to statutory debts. A statutory debt is a debt that arises from a point of law.

Correct, accept where fraud is proven.

There is some CSA secondary legislation that does specifically rebuke the Limitation Act and states that the Act shall not apply to debts having been pronounced by a Liability order.

Which is why they are keen to get Liability Orders.

kelloggs36

For what period is this debt? Debt accrued after July 2000 can never be statute barred and if you are PAYE they can take it via a DEO anyway.

speedster

if i recall, before 2000 then all they can do is a DEO.

think i'm right in thinking that they cant obtain a LO? not sure though.

richard12345

speedster wrote: »

if i recall, before 2000 then all they can do is a DEO.

think i'm right in thinking that they cant obtain a LO? not sure though.

This is correct. They cannot get a liability order if the assessment was completed before July 2000. Their only enforcement method is DEO. I know because my assessment took 2 and a half years then was backdated and I had a bill for £9.5k. Unfortunately my assessment was finally completed in August 2000 2 weeks after the cut off so I now have a liability order, despite keeping to the agreement we had made.
The rest of my story is far too long for here, but just to say the csa staff I have had to deal with do not know their !!!! from their elbow, give wrong advice, are rude, unsympathetic and didn't even say anything when at one point I was in tears on the phone as I couldn't afford food and was going bankrupt, and said I was going to do myself in cos I couldn't take anymore.

kelloggs36

NOt quite right, it is if the money became due after July2000, the date of the assessment is irrelevant.