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TOPIC: COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT

COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 10 hours ago #98513

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After 19 years the CMS seem to think i owe £4358.83 from 13th July 2000 to 30th August 2001 when i called them they are not interested in any evidence what so ever,sorry as it's 19 years its to late......i never heard nothing from them at the time because they were sending letters to the wrong address where i was not living anymore.....there is no way i owe this because i still have my tax return and i only earn £3,000 that year...i still have my old passport so i was out of the country living with family in the USA from 8th May 2001,so you pay nothing from this date anyway,if your out of the country........so will the Judge listen to me,looking at the order it's like i have no rights....
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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 8 hours ago #98514

wow that is nuts. if you rang them to explain and their not interested, then looks like the only way to clear yourself is to seek legal advice and go to court.

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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 7 hours ago #98518

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Yes i am of to court Monday,but when you look at the back of the order..can i argue the order its reads like you have no rights at all.....when you talk to the CMS on the phone its like talking to a high pressure salesman,fast talking there always right and your wrong

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Last Edit: by gtresd.

COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 5 hours ago #98521

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After 19 years the CMS seem to think i owe £4358.83 from 13th July 2000 to 30th August 2001 when i called them they are not interested in any evidence what so ever that i have,sorry as it's 19 years ago its to late......i never heard nothing from them at the time because they were sending letters to my old address where i was not living anymore.....there is no way i owe this because i still have my tax return and i only earn £3,000 that year...i still have my old passport so i was out of the country living with family in the USA from 8th May 2001,so you pay nothing from this date anyway,if your out of the country........so will the Judge listen to me,looking at the order it's like i have no rights at all....
I had already been to court in 2006 ,because the CSA admitted they were send letters to the wrong address , they waved the amount i owe...from when i came back from the USA 2005 to 2006 from that date onward i payed my child maintenance on time even until my daughter was 21..yes they did not even tell me i should of stop paying when she was her 19th birthday....
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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 4 hours ago #98524

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Did you inform them that you had changed addresses, did you tell them when you went abroad? If not, they will argue that the rules state that you have to inform them of any changes.

I personally think that it’s better to communicate with them in writing, rather than br phone, the number of guys that get told different things each time they call and can’t prove what has been said because there no record of it.. at least if there’s an exchange of letters or emails, you have a record of what is discussed and what advice is given.

Best of luck in court on Monday.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 1 month 4 hours ago #98527

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I’ve combined your two separate threads, it can be confusing if two identical threads are running simultaneously and getting replies.

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.

COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 4 weeks 1 day ago #98529

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I did not tell them about the change of address at the time because,it still had not been resolved,sorted out,i contested the amount because me and my partner were still going out with each other,and we never lived together ,and had not even broke up,in though days ,out of £400 a month they wanted only £100 was going to my daughter.......
But when i went to court in Nov 2006,the csa found out i come back from the USA in 2005 i owe £440 from then on wards.I had pay nothing because they been send letters to the wrong address so i new nothing about it.First summons i did not get, wrong address again the second i did.Once i got to court ,the csa women who was outside the court , apologise said it was there fault, they waved £440 and i payed from that date onwards until my daughter was 21....Now because the CMS has taken over they have dissed to try again and go back farther.....they are upset already because the statute of limitations means they cannot go back any father then 13th July 2000....

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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 4 weeks 1 day ago #98542

they seem very incompetent. they phone me every now and then. unless you changed your number, dont see why they could not have called you or left messages.

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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 3 weeks 3 days ago #98648

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I was going to contact my local MP..but is there any point...i went to court and they said you cannot argue, contest any of the money you owe on the old csa system,i could not believe it....i have my self assessment and tax bill from 2000 to 2001 still,which prof i only earn £3,000 that year..but because the csa could not get hold of me because they were sending letters to the wrong old address they made out i earn £25,000 that year so i owe them £4,300...but should only be £250 to £300...even with 100% prof i only earn £3,000 they did not want to know....
To make matters even worse,i am now a single father bring up my 3 year old son who has ADHD on my own,i told them i am on Universal tax credit and not working.....then the CMS solicitor in court comes in and say he owns his own house,oh right so i have to pay £4,300 in 14 days now because of that...like i got no mortgage,electric,Gas,Phone,Council tax ect bills to pay......and this is Justice after 19 years,that they got wrong

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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 3 weeks 3 days ago #98656

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I'm not 100% sure on the calculation method of the pre 2003 system, but I think the percentage of salary was much higher than now, but I believe it was on your salary after living expenses had been deducted. I think the system then was also that the state paid the maintenance to the parent with care, and then claimed it back from the non-working parent, which might be why a lot of this money is going to the state, and not to the mother. I would ask them for a full breakdown as to how the sum has been arrived at, anyway.

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COURT ACTION LIABILITY AFTER 19 YEARS,CAN I ARGUE THE ORDER IN COURT 3 weeks 2 days ago #98667

if it makes you feel any better, i've spent £4000 so far on legal fees lol

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