Help with charging order

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darren183

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Joined: Tue Aug 27, 2019 6:56 pm

Post by darren183 » Tue Aug 27, 2019 6:56 pm
Hi
Prior to My Bankruptcy i was in a IVA with a company called Wilson Phillips, who put a charge on the house.
Wilson Phillips went into liquidation just after and Current cases were transferred to Grant & Thornton, I Phoned Grant & Thornton to see if they could remove the charge as its no longer Valid, but they told me they did not have any case details for my iva as they only took open cases from Wilson Phillips.
Desperate to get some sort of Certificate or letter to prove the IVA is no longer Valid and get it removed from my Credit file....
Spoken to the IVA Practitioners who said they couldn't find my IP on list....
Any advice would be great

Foggy

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Location: United Kingdom

Post by Foggy » Tue Aug 27, 2019 7:46 pm
You can get the Land Registry to remove the charge, in the absence of the original interested party. They will have to serve notice on the IP -- who will have a certain period to respond. No response will allow them to remove the charge. Here is an email I had from Land Registry when I queried this a while back:

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If restriction is not withdrawn, then an application would need to be made for its cancellation.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.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk
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