The process
It is good practice to take an application to the court and have it checked. This can save time and also allow you to make contact with the court staff.
Once an application has been made and accepted by the court, an ‘interim order’ is made and all diligence is ‘sisted’ (paused) until a hearing is arranged. Creditors are informed of the application and have 14 days to reply.1s6(3) and (6) D(S)A 1987 If the creditor does not reply within the timescale, the application is granted.
If the creditor does oppose it, a hearing will be held.
The creditor may also make a counter offer which the client can accept or refuse.