Is This Correct?

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look_divine

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Post by look_divine » Fri Aug 29, 2008 10:56 pm
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that when you go for an IVA
Your signature will have to be witnessed by a solicitor or a commissioner for oaths
What exactly is a commissioner for oaths?
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Viki.W

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Post by Viki.W » Fri Aug 29, 2008 11:04 pm
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Ooh, I've not heard of that one. One for the technical experts I think.
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LoneRanger

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Post by LoneRanger » Fri Aug 29, 2008 11:07 pm
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I never had to do it when i signed my proposal, but my IVa didnt go ahead so i dont know if any other signatures a needed at a later date
Steve.

IVA approved!
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look_divine

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Post by look_divine » Fri Aug 29, 2008 11:21 pm
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states under iva process top left of page i just been reading through it and thats what it says
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MelanieGiles

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Post by MelanieGiles » Fri Aug 29, 2008 11:48 pm
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That is only if you require an Interim Order where you have to swear an affidvit. Interim Orders are rarely used these days.
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look_divine

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Post by look_divine » Fri Aug 29, 2008 11:54 pm
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oh right confusing :)
thanks
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size5

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Post by size5 » Sat Aug 30, 2008 12:11 am
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Very true, but, like buses and bananas, they come in bunches. I've had 3 cases that will probably need Interim Orders in the last 2 days, having not seen such a case previously for over 6 months.

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look_divine

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Post by look_divine » Sat Aug 30, 2008 12:13 am
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whats a interim order
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size5

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Post by size5 » Sat Aug 30, 2008 12:23 am
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An Interim Order is used to hold/suspend any action that may be currently being taken against you in order that an IVA proposal can be put forward as a way to service the debts. Bit like an adjournment of a court case to allow a defence to be made.

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ianmillington

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Post by ianmillington » Sat Aug 30, 2008 12:49 am
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Typically it will be to prevent the continuation of bankruptcy or charging order proceedings pending the outcome of the creditors meeting.

The old-fashioned way of doing IVAs but in the right circumstances a life-saver!

Ian

Ps to actually answer the question, the affidavit/witness statement can be made before the bankruptcy clerk so you would not normally need to actually go to a lawyer.
Last edited by ianmillington on Sat Aug 30, 2008 12:51 am, edited 1 time in total.
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MelanieGiles

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Post by MelanieGiles » Sat Aug 30, 2008 12:55 am
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Good point Ian - and another one is that it saves the cost of a £7 swearing fee as well if you use the Court staff.
Regards, Melanie Giles, Insolvency Practitioner
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look_divine

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Post by look_divine » Sat Aug 30, 2008 1:00 am
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thankyou for that info
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kallis3

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Post by kallis3 » Sat Aug 30, 2008 9:30 am
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Perhaps that bit of the IVA process bit needs to be changed? I looked at it, and it doesn't state anything about an interim order, just says it will need to be witnessed. Should this be inserted?

For someone looking for the first time, it can give out a misleading message.
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MelanieGiles

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Post by MelanieGiles » Sat Aug 30, 2008 12:25 pm
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I am sure that Andy will take steps to get that item rewritten.
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