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On 24/2/17 a court issued a capital contribution order against me based on my then wife’s assets. As this debt arose from an enactment I believe it falls under section 9 of the limitation act. The sum I am said to owe was based on my then wife’s assets not my own. We are now divorced. The legal aid agency, as the claimant , could not enforce against my wife/ex wife as she was not a named party to the order but they could none the less assign the value of her assets to me when determining the size of the order to be made against me. Obviously enforcing against me on the basis of her assets would me pointless in so far they would spend money to receive nothing and make me bankrupt in the process. More than six years have now passed since the original order without enforcement action being taken against me in respect the the order. The LAA employees a debt collection agency who write infrequently to me and occasionally call, the money is still owed to the LAA and has not been sold to the agency. I have now decided that as per section 9 of the limitation act no action can be taken against me to enforce. My reading of the section seems clear that the accrual of action date began on the day of the order (24/2/17) and therefore the limitation has now passed the six year mark. However reading about statutory barred time limits elsewhere it seems that the start date is not the date of the order itself (the cause of action) rather the most recent of that, any payments or any written acknowledgement of the debt. I have never made a payment and looking at my correspondence with the LAA the last date my solicitor wrote to them was 22/5/17.
My questions are:
1) Do capital cost orders from the court fall within section 9 of the limitation act?
2) In that section does the date on which the cause of action accrued refer to the date of the order itself or can it begin at a later date namely the last written acknowledgement of the debt?
3) In any case can I use a N244 form after the relevant date plus six years to ask the court to set the order aside on the basis it is now out of time for enforcement? If I do that aside from the original order do I need to present any further evidence such as the correspondence from 2017 and should I just say it’s now statutory barred?
Thanks Tom
My questions are:
1) Do capital cost orders from the court fall within section 9 of the limitation act?
2) In that section does the date on which the cause of action accrued refer to the date of the order itself or can it begin at a later date namely the last written acknowledgement of the debt?
3) In any case can I use a N244 form after the relevant date plus six years to ask the court to set the order aside on the basis it is now out of time for enforcement? If I do that aside from the original order do I need to present any further evidence such as the correspondence from 2017 and should I just say it’s now statutory barred?
Thanks Tom
