Restriction on property.

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red5ive

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Post by red5ive » Fri Jan 27, 2017 6:21 pm
Hi there

I received my completion certificate 7 months ago for my iva..

I am just about to sell my house , but there is restriction showing on the land registry.

How do I get this removed when I sell do my old creditors have entitlement if there is equity.

Or is it a case once you have completion certificate your are completely debt free.

Many thanks.

M

kallis3

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Post by kallis3 » Fri Jan 27, 2017 6:24 pm
Hi,

Speak to your IP company and tell them to remove the restriction - it may well be an oversight on their part.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Foggy

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Post by Foggy » Fri Jan 27, 2017 7:03 pm
You are debt free -- there will be no call on any of the sale proceeds. Either your former IP failed to lodge an RX4 or Land Registry lost it. Get the IP to re-submit.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

red5ive

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Post by red5ive » Fri Jan 27, 2017 8:14 pm
Thanks for the replies.

M.

Piglet71

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Post by Piglet71 » Fri Jan 27, 2017 8:15 pm
Just decided to check my restriction had been lifted after reading this and it hasn't!! Finished my iva over 4 years ago and currently going though remortgage so am going to have to get this sorted asap. Glad I checked now.

kallis3

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Post by kallis3 » Fri Jan 27, 2017 9:31 pm
Get back in touch and tell them to remove the restriction¬
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

country girl

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Post by country girl » Sun Jan 29, 2017 9:07 am
This seems to be a common problem so like I said in an earlier post I would urge everybody to check this when their IVA is completed. It costs £3 with land registry. Mine was soon removed once I raised the issue with Payplan.

kentgirl

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Post by kentgirl » Sun Jan 29, 2017 10:28 am
How long would you leave it after receiving a CC before checking the land registry?
Iva completed with a F&F. Completion certificate received Jan 2017

kallis3

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Post by kallis3 » Sun Jan 29, 2017 12:08 pm
It should be removed straight away.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Foggy

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Post by Foggy » Sun Jan 29, 2017 12:52 pm
The RX4 should be sent to LR the same time as the certificate is sent to you. I don't know LRs turnaround times, but know they are not the fastest. I would leave it 8 weeks or so before checking. BUT I would also remind the IP and get him / her to confirm the form has been lodged.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

kentgirl

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Post by kentgirl » Sun Jan 29, 2017 1:05 pm
Thanks I will confirm with my IP to make sure.

My letter says "all relevant parties including creditors will be issued a copy or my completion details" but it certainly doesn't hurt for me to check with them!
Surprisingly the letter also said "it is not our responsibility to notify credit reference agencies of the completion, you may wish to contact them directly". I know it won't drop off until the six year anniversary but it would be nice for the defaults to be marked as 'completed'. Still I don't mind doing this.
Iva completed with a F&F. Completion certificate received Jan 2017

Foggy

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Post by Foggy » Sun Jan 29, 2017 1:30 pm
kentgirl wrote:
Thanks I will confirm with my IP to make sure.

My letter says "all relevant parties including creditors will be issued a copy or my completion details" but it certainly doesn't hurt for me to check with them!
Surprisingly the letter also said "it is not our responsibility to notify credit reference agencies of the completion, you may wish to contact them directly". I know it won't drop off until the six year anniversary but it would be nice for the defaults to be marked as 'completed'. Still I don't mind doing this.
Have a read of this little guide I penned: http://www.iva.co.uk/what-does-an-iva-d ... dit-record

"When your IP issues the certificate the Insolvency Service is also informed. They, in turn, report to the three credit reference agencies. You will be removed from the Insolvency Register within three months, in the meantime your arrangement should be shown there as completed. Also, within a few months, your IVA should be shown as completed in your credit files and defaulted accounts should be marked as satisfied / partially satisfied and show a zero blance. Whether you want to challenge any creditor who doesn't do this is up to you, considering that the whole shebang, however marked, will drop into oblivion on the 6th anniversary of the default date anyway. If you do want this corrected then, again, the Data Controller is the person to write to. "
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

kentgirl

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Post by kentgirl » Sun Jan 29, 2017 1:57 pm
Thanks Foggy.
Iva completed with a F&F. Completion certificate received Jan 2017

Kazza

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Post by Kazza » Mon Jan 30, 2017 2:13 pm
Just remembered to check to see if our restriction has been lifted - so paid the £3 etc and it's most likely a STUPID question, but as it has NO mention of Payplan - does that mean it's all lifted?! I guess if it hadn't I would see it on this document?! :D
IVA started Sept 2012, Full & Final accepted Aug 16th 2016 & CC issued 10th Jan 2017

Michael Peoples

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Post by Michael Peoples » Mon Jan 30, 2017 4:13 pm
Sounds like it was lifted so you can relax.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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