Thank you so very much for your much needed advice Foggy.
I was much of the same mind as you, but wasn't sure if the windfall clause that seem to be indigenous to most IVA's would cover the sale of the house because it was started within the period that my IVA agreement wasn't 'legally' finalised with the issue of my certificate and closing financial statement.
As you say though, they have now issued the certificate and that should be the end of it as far as I'm concerned.
In the first instance, when my solicitor approached the IVA company to request the removal of the deed condition, she was told, by them, that my portion of the profit from the sale of the house would have to be paid to them as a condition to the removal of the claim on the house deeds. This is the premise that we have been working on whilst waiting for them to agree to remove the charge and my solicitor also requested the issue of my closure certificate at the same time as the whole exchange on the house sale.
Obviously, the issue of my certificate, prior to the exchange of contracts, was a bit of a shock. I had to login to a docslink account to view it and I downloaded a copy to send to my solicitor. The following day, I logged into the account again & the certificate file had been removed! Being a bit jittery about that, I then emailed the IVA company to ask why it had been removed (thinking the obvious, in that they had maybe realised that they had possibly made a mistake in issuing it prematurely and without the inclusion of the house sale profit) and today I received a response from them with the identical certificate attached to the email, which went on to congratulate me for completing my IVA agreement!
Do you at all think that any of this could be an issue moving forward?
In other words, would you think that the IVA company could still legally refuse to agree to removal of the charge or possibly take me to court in order to claim any monies, in retrospect that an agreement to the house sale was made during the period that followed my final payment & up until when the certificate was actually issued, therefore being subject to the windfall clause?
I know it's a bit of a long shot and a quite convoluted question (I hope you can understand what I'm trying to ask!?), but I just didn't want to instruct my solicitor to go ahead and refuse to pay any monies to them if they still insisted, but citing the fact that my closure certificate had now been issued without any inclusion of the aforementioned profits from the house sale.
I suppose what I'm really asking is, Are the IVA company allowed to deny or withhold the removal of the condition on the deeds until I pay them any monies from the house sale?
There is mention on the closure certificate that monies can still be paid to my creditors even though the certificate has been issued. But it doesn't specify anything to do with this particular situation itself. Just a generic statement.
Maybe I should instruct her to wait a short while to see if the charge is removed as a matter of course?
Sorry to be such a pain!
I must sound like a really paranoid lunatic!!
It's just that this past year has been a real strain on my mental health and I've been very depressed with my mum's deteriorating dementia, the house clearance and the sale itself, along with this added pressure with the IVA issue.
I do REALLY thank you from the bottom of my heart for your support.