www.iva.co.uk

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?

Ooh, I've not heard of that one. One for the technical experts I think.

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

states under iva process top left of page i just been reading through it and thats what it says

That is only if you require an Interim Order where you have to swear an affidvit. Interim Orders are rarely used these days.

oh right confusing
thanks

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.

Regards.

whats a interim order

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.

Regards.

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.

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.

thankyou for that info

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.

I am sure that Andy will take steps to get that item rewritten.