Land Registry Restriction

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mehta

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Post by mehta » Wed Sep 07, 2016 1:29 pm
I entered into an IVA in 2007 which as terminated in 2009 as it was unaffordable for me due to my circumstances.

I then re-entered into an IVA in 2010 which I have completed successfully this month.

After completing my most recent IVA I reviewed land registry and have discovered there is a restriction placed from my first IVA which was terminated. I have made contact with the IP and asked if he could arrange for the restriction to be lifted as it is no longer valid and he advises me that he needs to check with his lawyer.

Could anyone kindly provide me with some guidance around this area please?
 
 

kallis3

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Post by kallis3 » Wed Sep 07, 2016 1:39 pm
Hi,

Your first restriction should have been lifted once the IVA failed.

I would advise that you contact Land Registry and explain this to them, possibly enclosing a copy of your termination letter.
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.
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Foggy

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Post by Foggy » Wed Sep 07, 2016 2:02 pm
What has he got to check ? The IVA is terminated, there is no interest in the property anymore.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

mehta

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Post by mehta » Wed Sep 07, 2016 2:21 pm
Hi Foggy,

Exactly my thoughts, I am going to call chase hi up again now, if I don't get a positive response I will write to Land Registry and hopefully have the restriction lifted that way.
 
 

Andy.75

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Post by Andy.75 » Wed Sep 07, 2016 10:24 pm
When i received my completion certificate this year there was a note on it saying that my restriction have now been removed from the land registry. Wait till your completion certificate comes and see if there is a note on it. But i do agree it should have been removed first time around and then reinstated with recent Iva
 
 

Michael Peoples

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Post by Michael Peoples » Thu Sep 08, 2016 8:52 am
There is a possibility that the property is still caught by the original IVA as termination does not necessarily break the trust. You should seek your own legal advice or wait and see what the IP says.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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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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