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    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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    • No, definitely not, I'm always very careful with stuff like that. To the point that I'm very surprised this has happened. Thanks for responding.
    • Seconded.  Just learn from the experience for the next time and make sure this is the last money you ever give these sharks. 
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JonniBravo

CSA have resurected debt after 9 years

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Hi all,

 

Some years ago around 2005 I had two separate debts with CSA one for my son and one for my daughter both owed to the state not the mothers.

 

After a long period of illness I have managed to get myself back on track and my finances are now pretty much resolved.

 

Back in 2005 my daughter and her mother moved abroad to a non e.u country, I then received a letter showing my daughters account as 0.00 on the statement and they then stopped taking money from my benefit for this account. After 6 weeks I realised that my daughter was not on holiday and that they had in fact moved abroad, at this point I thought that because she had moved to another country they were no longer chasing for this debt. In their letter they are saying they did this because they were unable to contact me, but they were sending me letters and taking money from my benefit and still taking money for my sons account.

 

My sons debt continued as normal and I paid this off just a few months ago, however the CSA have sent a letter saying I must now pay £1509, stating I received a letter telling me this debt was simply suspended and that I had to pay it because I was under the CSA rules after 2001(not sure what this meant), I'm pretty sure I was under rules prior to 2001 because both my children were born before 2001 (99. 95). Everything around that time is pretty foggy as I was unwell but I know for sure I never received a letter explaining why the statement showed £0 and it was at the same time as my daughter leaving for another country.

 

What can I do, I'm sure they are trying it on.

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