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How Long Does It Take??

blimey40
blimey40 Posts: 573 Forumite
edited 20 April 2009 at 1:38PM in Child support
I know its taken 12 years to contact me about any arrears, but I was hoping to near the end of this stressful time, very soon.

They admit it was a Penalty assessment, they wanted details. They now have them after getting LO through the courts back in January. They gave me a deadline to get details back to them, which they have.

How long does the re-assessment take?

Do they automatically amend the Liability order?

Due to it being CSA 1, will the calculation always be on CSA 1?

Is it common for the CSA to go over the 40 days to send Data Protection Files, its now nearly been two months?

My daughter will be 24 this year and its gone on long enough

many thanks in advance

Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Can't answer the queston about how long it takes - it depends on the caseload of the caseworker.

    Do they amend the LO - no but they only collect the relevant amount, not necessarily what is on the LO.

    Yes it will always be on CS1 unless you are linked to another case.

    Yes whilst they are supposed to provide details within the 40 day period, reality is different due to them being inundated and unable to fulfill the requirement.
  • blimey40
    blimey40 Posts: 573 Forumite
    Do they amend the LO - no but they only collect the relevant amount, not necessarily what is on the LO.

    The relevent amount, being the re-calculation?

    What happens to the existing LO?
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    blimey40 wrote: »
    Do they amend the LO - no but they only collect the relevant amount, not necessarily what is on the LO.

    The relevent amount, being the re-calculation?

    What happens to the existing LO?

    Been in this situation so I can answer from personal experience.

    As you have said yourself the original assessment was a penalty assessment. You have now provided them with the information they need to convert this penalty assessment to a figure of actually owed arrears.

    They will write and advise you of the new (usually lower) figure that you owe and payments will continue as if nothing has changed.

    They sent to me a written statement detailing my new, now lower figure, and they have continued to collect my arrears by way of the deo that they put in force when my assessment was a penalty assessment.

    I am advised, by those in the know on here, that they will now only collect monies due, up to my new, now lower, assessment.

    Evidently all the figures are altered at their end, so instead of owing many tens of thousands of pounds, I now only owe a much lesser figure. Still thousands though!
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The LO is merely there to allow them to take further recovery action if you don't pay so it won't alter, but what is important is that it will not be all collected - what is important to you is that you get the correct arrears figure in writing.
  • blimey40
    blimey40 Posts: 573 Forumite
    edited 20 April 2009 at 11:17PM
    Sorry for all the questions, but if you are self employed and provide all the details, they cannot go through a DEO,

    what happens then?

    I suspect the next step is a figure to be given, then if we all agree then it gets paid regularly.

    If we don't agree, it can go to tribunal ?
  • LizzieS_2
    LizzieS_2 Posts: 2,948 Forumite
    If you agree on the arrears (I know you won't due to what has happened, but I'm getting at the principle of why calculated), then you cannot go to appeal/tribunal etc. You can make a payment offer, which if within their 2 year debt steer is more likely to be accepted. If you are unable to meet the steer, chances are that they will take further action to recover quicker, eg bailiffs. The most important thing for you is to keep proof of posting of offers.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you don't agree on the way it has been calculated ie incorrect calculation then yes, you have the right of appeal.
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