Unknown debt from 7 year ago...

Missauk_3

My step-daughter recently came to live with us and so her father tried to negotiate a reduction in the child maintenance he pays his ex direct as there is now a child living with each parent. However his ex doesnt agree and reckons he should still be paying her the same even though she now only has one child. Obviously my husband doesnt agree, couldnt get his ex to discuss it and so reduced his payments.

Anyway to cut along story short his ex went mad and decided she would re-opened her old case with the CSA from 7 years ago, based on the salary by husband was earning then and also for both children!! My husband now earns alot less as he's self employed and obviously we have one of the children now living with us, as well as our own child, so they are going to re-assess.

But my question is, we have had another letter from them saying we owe £60 from outstanding debt from 7 years ago!!! We know nothing about this debt, they have never chased it and have said they can't even prove why my husband owes it! As far as we are concerned we paid everything they asked for back then, can we push them to write it off being its so old?

Anyone know?

Thanks

Vomityspice

Debts such as these are UNENFORCEABLE after 6 years. Under NO circumstances should you acknowledge the debt (as this restarts the time period).

Have a look at

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/108405-settling-old-debt.html


You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:
if

• The creditor has not already obtained a judgment against you

and

• You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years

and

• You have not written to the creditor admitting you owe the debt during the last six years.

Hope that helps!

Strapped

I'm surprised that they would say there's an outstanding debt, as I wouldn't have thought that the case would have been closed in that case? Although for £60, I'd be tempted just to pay it (with "in full and final settlement of child maintenance for x child for the period of y date to z date" or similar written on it) just because, from personal experience, fighting the CSA is so exhausting. (I know, I'm a push-over :rolleyes: )

Vomityspice

ts_aly2000 - is correct. They changed the rules on the 12th July 2006.

Vomityspice

It may be that you are in luck.......

Reading: http://www.opsi.gov.uk/si/si1992/Uksi_19921989_en_5.htm

it would seem that the CSA will be unable to take enforcement action under the Child Support Collection & Enforcement Regulations as Section 28(2) states;

'An application under paragraph (1 ) - Application for a liability order) may not be instituted more than 6 years after the day on which payment of the amount in question became due.'

Simply, without the ability to obtain a 'Liability Order', they would be unable to enforce the debt as this can't happen without one (as I read it).

However, http://www.opsi.gov.uk/si/si2006/20061520.htm#n11 changes the goalpost again. See Regulation 3......

Confusing isn't it!

rebbonk

If they can't tell you why you owe it, don't pay it

Missauk_3

Thank you, thats all a big help!