Longstanding Arrears To Be Put On Back Burner

skibadee

Blob wrote: »

As I understand it Form N245 puts the amount that you have to pay to your arrears in the lap of the Court. They will look at all of your finances and then decide on what payments that you can be asked for. Once this has been done there is nothing that the CSA can do about it, end of!

I'm not too sure about this.....you cannot add another debt to an IVA that is already in place.

Have you got a CCJ on the arrears?

bdt1

There is a CCJ for the arrears although currently we have Tribunal pending, as basically major mistakes made in assessment and thus alleged arrears, even CSA Appeals agree this.

So, soon we hope to have accurate assessment, and if there are any arrears negotiate payment at a rate we can afford, so my question and maybe look at form N245.

I'm not sure following the Tribunal how we can then correct the LO, CCJ and interim charge on our home, as the figures (if there are any arrears - we suspect not!) will be totally and utterly incorrect. Any ideas????

Blob

To chalange the LO if you have the information and the decision of TAS, you can make an 'Out of Time' Application to the Court of Appeal. You dont need a solicitor to do this as I have done it. I am in the process of re doing the papers that they sent back to me, as I sent up the lot and not just the ones that they want.

If in doubt get an appointment through the CAB for a free half hour with a solicitor.

blimey40

Think they will still steer towards the two year time frame. After all it helps reach targets.

Often when these cases go to court, the court themselves provide a timeframe which is suitable to all parties as long as you are straight with them and keep to the payment schedule. No legal requirement for two years, its just a guideline they themselves set, they simply scare NRP's into thinking no alternative available.

I may have given a false impression, as I do believe current cases where NRP has been found and even where DEO has been served, these will not be changed. Its the cases where no trace cannot be made and in cases where it is just difficult to get monies owed. Don't forget they go after the easy prey, its the more difficult ones they won't focus on.