How do we get a replacement certificate

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cat456
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by cat456 » Tue Jul 03, 2018 5:37 pm
My Husband and I need to get a copy of our IVA completion certificate, as we are remortgaging our home, and have just found that there is still a restriction on it which should have been lifted years ago when our IVA was completed. We cannot find the original certificate. I have just looked up the company we dealt with 'ACCUMA' and found that the went into administration in 2010. We are stuck as to where to get a certificate, and we need one incase our new mortgage company insist on a copy.
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Foggy
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by Foggy » Tue Jul 03, 2018 5:50 pm
Maybe the Insolvency Service will have kept a copy -- they will have been provided with one, but the time limits for legal retention will have passed.

As for the restriction, you can apply to the Land Registry to have this removed yourself. This is what LR told me:

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If restriction is not withdrawn, then an application would need to be made for its cancellation.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.
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cat456
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by cat456 » Tue Jul 03, 2018 7:13 pm
Thanks for your reply. It’s really helpful. Our insolvency company no longer exist. They went into administration in 2010. My husband doesn’t seem to think we got a certificate of completion as we settled early, 3yrs in. We just got a letter confirming it had been paid but we can’t find it.

I think we will just apply to LR ourselves to get it removed but not sure what we can do if they want proof?
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Foggy
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by Foggy » Tue Jul 03, 2018 7:30 pm
Accuma sold out to Grant Thornton in 2009. Grant Thornton became Aperture more recently. They might have something ( long shot).
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cat456
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by cat456 » Tue Jul 03, 2018 8:15 pm
Definitely worth a try. Thanks for your help. : :)
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