Hello there, I was in an IVA around 2008 and completed the process through to completion. (Discharge)
I am now trying to find out where I could get any information about this from.
I am currently trying to sort out a mortgage, and have a found that there is a Restriction on my Land Registry.
Thanks
Steve Vipurs
Assuming your IVA completed successfully then your IP should have removed their restriction when the case was closed. You need to speak to your ex Supervisor to get them to remove it.
Thanks for that, I seem to remember that the company I started out with was not the company I finished with.
To my memory I started with Dawson White but I can not find them online
If you cannot get in contact with your former supervisor the LR can remove it for you. This is the response I got from them following a query I made last year :--
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If restriction is not withdrawn, then an application would need to be made for its cancellation.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
