Hi there has anyone got any advice please I am currently going through a remortgage I finished my iva in June 6th and recieved my certificate about 2 months after that I believe to my dismay my remortgage won't go through as mccambrudge duffy still have a charge on the property nearly 6 months later?? Is this normal procedure ? Alot of ccjs are still on my credit file which were included in the iva despite being well over 6 years since I began the iva. I must say after initial delights of finishing the iva having to chase up various companies to remove off credit and now this. Is it my responsibility to get the charge removed surely this is down to mccambridge duffy? Any help appreciated thank u
It will be easier ( and faster) if McCD remove the charge, as they should have done well before now. A polite email should jog their memories. This is what Land Registry told me, back along, when I queried charge removal with them:
To withdraw a restriction H M Land Registry would normally expect to receive a completed form RX4 by the person or company that has the benefit of the said restriction. If the beneficiary is unable to provide this RX4 then this form should be completed by whomever has inherited the benefit of the restriction and appropriate evidence of devolution of title lodged as part of the application. This evidence should show a clear link between the beneficiary named on the title register and the applicant that has completed form RX4.
If restriction is not withdrawn, then an application would need to be made for its cancellation. Cancellation is the term used in rule 97 of the Land Registration Rules 2003 to refer to an application to cancel a restriction that is no longer required.
Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.
We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before canceling the restriction.
Practice Guide 19 provides further information on notices, restrictions and the protection of third party interests in the register.
I am not qualified to give advice and can only state my opinions, based on my IVA experiences.
Many thanks mccambridge duffy have responded and told me I need to instruct my solicitors to contact them which is ridiculous it should be removed already. My solicitors saying will have to charge me if they deal with this as its their time which is understandable. I have my completion certificate months ago 6 months since it was finished.