IVA termination. (Sale Restriction)

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Gumasmaster

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Post by Gumasmaster » Thu Dec 10, 2020 4:08 pm
Hi, failed IVA in 2008( ran for 2 months)
Received ‘IVA termination certificates’, from Money Debt & Credit.
All debts have since long been paid off, still got a sale restriction on our property from them.
They cannot be contacted anywhere, any numbers We can call?
How do we get the restriction lifted?

Foggy

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Post by Foggy » Thu Dec 10, 2020 4:58 pm
Have a read of this recent thread ......removing-a-restriction-t89941
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

WallE

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Post by WallE » Thu Dec 10, 2020 8:34 pm
Grant Thornton took over MDC cases, GT morphed into Aperture, who were then bought by Jarvis.

Contact ivatrusts@aperture.uk.com and provide as much info as possible, and they should hopefully be able to help.

When did your IVA terminate? Do you remember if the failure report cane from MDC or grant Thornton?
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?

Gumasmaster

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Post by Gumasmaster » Tue Dec 15, 2020 10:40 pm
Hi, Iva failed after 2 months 2009.
Did receive’termination certificates’ stating it had failed etc.
Got them from Seneca or aperture.
Conveyancing lawyer is dealing with issue at the moment.

Thank you, will let u know outcome.

Gumasmaster

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Post by Gumasmaster » Tue Dec 15, 2020 10:42 pm
Thu Dec 10, 2020 4:58 pmFoggy wrote:
Have a read of this recent thread ......removing-a-restriction-t89941
Thank you, lawyer on the case now, will let u know outcome, cheers

Gumasmaster

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Post by Gumasmaster » Thu Jan 14, 2021 7:30 pm
Hi,
Conveyancing lawyer still waiting for response from Debt Management Company, been one month now, still no reply.
Is there a way to by pass this if we can't get a hold of the debt management company (was Money Debt & Credit).
IVA failed 2009

Foggy

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Post by Foggy » Thu Jan 14, 2021 8:22 pm
Thu Jan 14, 2021 7:30 pmGumasmaster wrote:
Hi,
Conveyancing lawyer still waiting for response from Debt Management Company, been one month now, still no reply.
Is there a way to by pass this if we can't get a hold of the debt management company (was Money Debt & Credit).
IVA failed 2009
My understanding is that if you request that the restriction be lifted with the Land Registry (as mentioned in the thread referenced above ) they will write to whoever is named in the restriction and ask if there is any objection. If they get no response within a given time period the restriction will be lifted on the grounds that there is nobody benefitting from it.
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

WallE

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Post by WallE » Thu Jan 14, 2021 11:56 pm
Thu Jan 14, 2021 7:30 pmGumasmaster wrote:
Hi,
Conveyancing lawyer still waiting for response from Debt Management Company, been one month now, still no reply.
Is there a way to by pass this if we can't get a hold of the debt management company (was Money Debt & Credit).
IVA failed 2009
Who is your conveyancer trying to contact? Contact ivatrusts@aperture.uk.com and it'll be sorted sharpish.

If all else fails you could go down the RX3 route which basically tells la d reg you believe the restriction is no longer valid, and they then seek the permission of who placed the restriction to remove.

Assuming if it's MDC is Janet walker or Peter Forsey?
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?

Gumasmaster

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Joined: Thu Dec 10, 2020 2:57 pm

Post by Gumasmaster » Fri Jan 15, 2021 4:51 am
Conveyancing has just emailed aperture few days ago, still waiting.
John Hedger (formally of money debt and credit) placed the restriction, have emailed him @Seneca (last helped us out about 2 years ago).
Hope he can assist.
Will update by next week.

Gumasmaster

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Post by Gumasmaster » Tue Jan 19, 2021 5:44 pm
Hi,

Does the consent to remove the sale restriction have to come from the individual person who first placed it, or can it be signed off by a company representative?( another person from the same debt management company).

Thanks

WallE

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Post by WallE » Tue Jan 19, 2021 11:18 pm
Usually when your IVA supervisor changes it will be via court order. The new IP would then provide land registry with the copy of the court order as evidence showing they are now the ones with the interest in the restriction.

John Hedger will have no power to remove the restriction and will simply pass it onto Aperture to sort.
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?

Gumasmaster

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Joined: Thu Dec 10, 2020 2:57 pm

Post by Gumasmaster » Wed Jan 20, 2021 11:04 pm
Hi thanks.

IVA still with Money Debt & Credit, did not transfer over to Aperture/Jarvis.

IP (Money Debt & Credit) has informed me (by phone) that they have sent application for sale restriction cancellation to Land Registry, they said should be completed in about 2 weeks time (due to covid delays etc).Have dealt with this particular person(works for Money Debt & Credit) in the past and they were very helpful, so trust they have applied to get the sale restriction removed.
Is it possible to contact Land Registry after a couple of days to enquire about the application's progress, or do we just wait?


cheers

kallis3

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Post by kallis3 » Wed Jan 20, 2021 11:19 pm
Personally I would hang on. Shouldn't be long now.
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.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Gumasmaster

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Post by Gumasmaster » Sat Feb 20, 2021 12:53 am
Hi All,

Sale restriction finally lifted, thanks to John Hedger and colleagues!
What a nightmare! Thanks to all of you guys for your support!
Cheers

luluj

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Post by luluj » Sat Feb 20, 2021 4:34 am
That's great news- hopefully you can now progress with the sale swiftly
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
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