Filing Interim Order Myself-Good or Bad Idea?

[DebtDummy]

Debtors can file their own Interim Order. Now, I can not afford presently the fees required by my IP nor the fees for filing it myself. So, I downloaded an EX160 (application for a fee exemption) from HMCS website. I am going to complete both and send them off or FAX to the court house enclosing a personal letter stating why an Interim Order should be put in place whilst the IVA is being processed.

My thinking is maybe if the Judge knew what was happening he would not grant the creditor the Charging Order or even hold the hearing, but give more time for the IVA to be finalised, creditors meeting,etc.

Questions:

1. Is this a good idea or bad idea?


2. Do court case numbers remain the same even though the hearing was moved to another court house?

3. Do I have to wait for notification from the court stating the Charging Order hearing date has been set before I file the EX160 and the Interim Order?

4. Is this a complete waste of my ink and time to file EX and IO? Meaning, will it make any difference considering how popular COs are today?

If anyone has ever filed their own Interim Order I would appreciate it if you could tell me what the results were?

My hubby and I are still not convinced that an IO is, ''not essential''. Essential was the word used by the case manager. Does this word have special meaning or definition when used in insolvency cases?

How can it not be essential when a CO is taking an unsecured debt and turning it into a secured debt thereby changing the terms of the IVA? The final proposal is being drawn as though this creditor is still unsecured and will arrive this Friday for my hubby and I to sign, return;and be filed in the court house.

Could it be the case manager feels we are already under enough stress and this is his way of easing it? He did speak to Links and they informed him that they were going to commence a CO even though we are filing an IVA. It was at that time he wanted £200-300 to file an IO and we could not afford it.

We did ask during our face-to-face if we could afford it would an IO be filed? He said yes, but the judge does not have to grant it.So, are IOs a waste of money when a CO is imminent? I think not because of what I have learned here on this forum. Aside, from this point, he was
very good in explaining everything else relating to the IVA.

Thank you all beforehand for assisting.





All I have left is my humour.

[Storm]

I can only comment on a charging order as I have experience of these.

If your creditor presents Application to the judge for a charging order it will firstly be granted as an interim order. This is done with very little information being presented to the court and is granted in your absence.

This is relatively easy for a creditor to do but does rely on them being able to prove without doubt the debt, that you were notified of the intent to obtain such an order.

You then have an opportunity to resist the order by writing to the court they will then transfer it to your local court (under the same case number) and a hearing will be set with a District Judge in chambers.

This is where they will then be able to present there case and if proven they will obtain a final charging order.

Reasons for resisting the order include:

1. Provable debt - they need to fully prove debt.
2. Payments - if you have agreed a payment plan and kept it upto date. (there is case law on this one)
3. Prejudicial to any one or group of creditors.

The district judges are usually fair in these matters but are not emotional.

The question really for one of the IPs is whether an interim order is classed as a full secured debt when it has no prospect of suceeding due to its prejudicial nature to one creditor.

[MelanieGiles]

Great advice from Storm. I would only apply for an Interim Order if the Interim Charging Order had already been granted, and the final hearing date was set and I was unable to get a creditors meeting called prior to that date. Providing creditors agree to accept the IVA, then the Charging Order application will be struck out.

Trust your IP, DebtDummy - that is what they are being paid for!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk