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Debt Enforcement Liability Order & Baliff Team from the CSA

December 9, 2009

I have been contacted by the Debt Enforcement Liability Order & Baliff Team from the CSA.

My daughter is over 18 (23 actually), and I also owe in the region of 9k, I have been making regular payment which were agreed more than 10 years ago, of £10.80 per week to pay off the arrears – I have never missed a single payment.

Recently the CSA have demanded I pay off the amount owed within a 2 year period, and since I told them I was not going to pay them any more per week they have issued a ‘Notice of intention to appy for a Liability Order’, threatening me with court action if I refuse to pay the balance in 7 days. Hmmmmm, strange how 2 years now means 7 days, also the amount they are pursuing me for on the letter is £1252.78 they also state they have not recieved a payment for the period this amount is for, the period is 11/07/2000 – 12/09/2004.

After reading lots of info regarding my rights, I came up with the following facts.
– You cannot be summoned to court for arrears if you have not defaulted on payments
– A magistrate has no jurisdiction to grant Liability orders for amounts over £5000, anything above that has to be done in the County Court.
– The 2 years they are trying to enforce are only guidelines and have no legality whatsover.
^ This is why they are sending me a notice for £1252.78 – because they cannot claim on the £9,000 I actually owe

Hmmmmm, interesting.

I will be looking into this with the CAB and any other Legal Bodies to put this to sleep.

If my infomation is wrong please correct me here.

Regards to all, and keep up the fight

Written by D Sanders · Filed Under CSA Advice, CSA Mistakes 

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Comments

  • winge 001 says:
    December 9, 2009 at 7:18 pm

    hello
    im in the same boat as yourself but have already been taken to court. they issued the order on me for £15k. all my children are all grown up and im a grandad to now. they set up a DEO for £728.56 per month which has really crippled me in every way. i dont even have enough money left at the end of the month to buy a loaf of bread. have also had a nervous breakdown with worry. but i really dont no what else to do. i have already paid for my children over the years with cash but didnt dream that it would all turn to this need HELP

  • Bluenosetel says:
    December 9, 2009 at 10:05 pm

    please read my earlier comment under “MY MP helped me out”, the work mate i mention was paying £7 a month off his arrears and had never defaulted, he no longer pays for his son as he left full time education some years ago.
    his arrears at the £7 would take over 20 years to pay off, the CSA knew they didn’t have a leg to stand on because he was paying regularly and the courts will not issue a liability order if you are paying, so the CSA had to come to an agreement with my work mate, and they said because he had always paid on time they would allow him to pay back the arrears over THREE YEARS (they were desperate for an agreement) and that is what he agreed, he isn’t short of money and even told me he could pay off the arrears (around £2000) in one go but wouldn’t in principle, that proves the two year time limit is nonesense.
    don’t let their bullying put you off, and also go and appear at court if they apply, because if you don’t they will get what they want, also get your MP involved, my MP has tried to fob me off several times and i know i p*ss him off by keep writing to him, but the system of family law p*ss*s me off and until i get a result i am happy with, my MP will carry on getting letters from me, because that is what he is there for – to represent his constituent and right wrongs.
    Good Luck

  • c harris says:
    June 4, 2010 at 7:59 am

    please help!!!1

    6 years ago the csa put are weekly payments up to £88 which we coundlnt afford so with agreement with my ex we went to volentary arrangement of £40 per week which i have paid for the last 6 years .
    in jan my ex through my daughter out and she came to live with me for 4 weeks so for that month i refused to pay her maintance as my daughter wasnt there my ex has now gone back to the csa and i have now got to pay through them but there now saying the arrears of £1500. which built up when they reassed 6 years ago has to be paid
    does any one know if there is a legal time limit on how long a arrears can be left before it can no longer be repaid
    i so angry … my daughter turns 18 soon and i had hoped this maintance hell would be over !!!!!!
    looks like ive got a long way to go yet

  • mother wanting csa says:
    November 10, 2010 at 4:04 pm

    i disagree with you all my ex has not paid a penny of csa and is going out buying puppies for £350 for his girlfriends daughter (not even his child) i think thats dispicable and wish csa was harsh on him to pay, my son is 4 and he is lucky to get £1 a month of his dad i have to provide evrything for him not his father and thwen his father wants to see him as and when he wants its waste of space deadbeat dads like him that should be punished for not facing their responsabilities. I hope in csa take him to court for everything it will serve him right!!!!!!!!!!!!!!!!!!!!!!!!!

  • D says:
    November 10, 2010 at 5:28 pm

    Very strange……

    Why do you disagree with us all just because your situation is bad.
    We all have our right to our say, and as the Original Poster I find your comment appearing as a man-hater. I have never disagreed or avoided my responsibility and I was one of the ‘Soft-Targeted’ fathers in our area that had an agreement in place with the DSS in the day.

    Originally I was charged £90 out of a take home pay of £120 P/W, now tell me again you disagree, In fact I’d prefer if you just STFU.

    Before you tar us all with your dirty brush, you should take time to think we ain’t all bad just because your EX is.

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