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Posted: Wed Sep 07, 2016 1:29 pm
by mehta
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 I have made contact with the IP and asked if he could arrange for the restriction to be lifted as it is no longer valid and he advises me that he needs to check with his lawyer.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?

Posted: Wed Sep 07, 2016 1:39 pm
by kallis3
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.

Posted: Wed Sep 07, 2016 2:02 pm
by Foggy
What has he got to check ? The IVA is terminated, there is no interest in the property anymore.

Posted: Wed Sep 07, 2016 2:21 pm
by mehta
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.

Posted: Wed Sep 07, 2016 10:24 pm
by Andy.75
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

Posted: Thu Sep 08, 2016 8:52 am
by Michael Peoples
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.