CMS want £206 from 9 years ago

paddycharlton

Hi all,
My case has just been moved over to the CMS from the CSA. They have contacted me saying I owe them £206 from May/June 2007. I am sure this is wrong. How do I prove they are wrong when they are asking about money from 9 years ago (even the inland revenue say you only have to keep financial documents for 7 years).
I refused to pay them today over the phone and was told they will just take it out of my account. Can they do this if I have disputed owing them any money?

MikeShorty

I am currently arguing over £1k from a 6 month period 10 years ago so I feel your pain.... My circumstance I paid the PWC directly and managed to prove most apart from the period in 2006 so I have done the following.....

1. I would ask them for proof, so a statement which will confirm what's been missed. As it may be the odd payment here or there?

2. I sent a letter and asked for everything they had on me under the DPA, and as it is at the moment you don't need to pay for this. The purpose for this is I want to see what calls and discussion were made around the time they are saying I missed the payment

3. Speak with your bank, I bank with Barclays and they were able to go back to 2007, in my case the payments I cant prove went from a closed account at Natwest and they also said they only keep things for 7 years....Worth a try though

4. I also asked for the Liability Order,
Since 12 July 2006, there has been no time limit for applying for a liability order to enforce Child Support Agency (CSA) gov.uk/child-maintenance/overviewand Child Maintenance Service (CMS) gov.uk/child-maintenance/overview CSA arrears that were older than six years on 12 July 2006 (i.e. that became due on or before 12 July 2000) and where no liability order had already been obtained, cannot now be enforced using a liability order. The six years do not begin to run until the non-resident parent is notified of the assessment or calculation. Although an assessment can be backdated, liability does not exist until the assessment is made. CSA arrears (and CMS arrears) can be enforced via certain methods without a liability order. This means even if the debt is statute barred, the debt can still be collected by the following means. Deduction from earnings order (DEO) Deduction from bank account Deduction from benefit For debts that became due anytime after 12 July 2006, the CSA (and Received: therefore the CMS) can apply for a liability order at any time. Also, there may be a significant delay before the CSA or CMS takes any further action after the liability order. However, for actions that directly aim to recover money (for example taking control of goods, there is a time limit of six years from the date of the liability order in which to act. For actions that do not themselves recover money, such as imprisonment or disqualification from driving, the six year time limit does not apply. You may have an arugment if there is no liability order, Which is also something I have requested a copy of.

Last week I received confirmation from the regarding my DPA request which they are working on, but all quite on the other part....

Good luck and I hope this has helped!