Removing a restriction

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Foggy

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Post by Foggy » Mon Nov 23, 2020 4:00 pm
I would deal with LR myself, mainly because I begrudge paying an arm and a leg for getting a form filled out at a solicitors (who probably gets his secretary to do it anyway).

There is no telling what archival records creditors keep and, as the account is still 'open', and, although they cannot chase the money, you still owe it to them, it could still be on record.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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MrMole

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Post by MrMole » Mon Nov 23, 2020 5:33 pm
Sun Nov 22, 2020 11:51 pmjonathan427 wrote:
I am not sure what an IP is but I have a name and address. It states 'No disposition of the registered estate by the proprietor of the registered estate is to be registered without written consent signed by' then the name of the person and the address of the company that I entered the failed IVA with which is now insolvent. I am not even sure what it all means only that I am not able to sell the home until this restriction is removed/cancelled and now I am concerned that the debtors will chase me for the money as, like most people, thought it was cleared after 7 years. I never knew they could still chase for payment after all this time.
This the name I was after. If they can be tracked down they might be in a position to remove the restriction quickly and easily. Someone on here may be in contact our at least know how to.

luluj

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Post by luluj » Tue Nov 24, 2020 4:14 am
I would fill the form in my self with the details of your iva and the insolvency practitioner name on your paperwork.

I wouldn't do anymore as foggy explains you are in danger of opening up old wounds and your debts becoming a going concern for creditors again.

Good luck and do let us know how you get on please.
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WallE

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Post by WallE » Tue Nov 24, 2020 11:50 am
Clearstart were sold to Debt Free Direct, who were sold to Aperture, who were sold to Jarvis. However, if the case failed with Debt Free Direct you may have some luck if you contact the DFD IVA Trusts team.

eMail ivatrusts@aperture.uk.com and give them as much information as possible - they may still have a trace of you somewhere and be in a position to remove the restriction.
I work for one of the UK's biggest Insolvency Practitioners. All posts I make are my own thoughts and/or opinion and are not the views of my employer. None of my posts constitute legal advice and should not be taken as such.

jonathan427

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Post by jonathan427 » Tue Nov 24, 2020 6:27 pm
Thank you. Would I not be in a worse situation if I contact the IVA company? Obviously they had an interest in the matter and didn't get paid anything. If I contact them would they not want money or contact my old creditors and refuse to remove the restriction?

jonathan427

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Post by jonathan427 » Tue Nov 24, 2020 6:29 pm
I really am unsure now. I am worried that if I contact anybody then I will have to admit that I owe the money and then they can ask for it back and if I don't then I am unable to move on and sell my home as planned. A little contrary I know but it was quite a lot of money and I am in no position to pay any of it back which would cripple me.

Foggy

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Post by Foggy » Tue Nov 24, 2020 6:40 pm
You are, then, at an impasse and only you can decide what to do ---- One way or the other the problem has to be addressed, or you stay where you are until they carry you out in a box and whoever you leave the house to will have to deal with it.

Simplest scenario is that you fill in an RX3 --- Land Registry write to whoever is named in the restriction to see if they have any objections --- the LR letter goes unanswered and they proceed with the removal.
Slightly more risky is that you dig out a current name and address and LR write to them. They may not have records retained from 2007, so couldn't contact creditors anyway or know what the fee situation was at the time (but they might!).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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WallE

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Post by WallE » Tue Nov 24, 2020 8:45 pm
If your IVA failed years ago, the IP won't be contacting your creditors, trust me. All they'll do is fill out the RX4, attach the court order that changes the IP to themselves, and send it to land reg.

Neither land reg nor your IP will have any interest in contacting your creditors and it wouldn't be in land regs remit to do so any way. The restriction should have been removed when your IVA failed.

You have absolutely nothing to lose by contacting the IP.
I work for one of the UK's biggest Insolvency Practitioners. All posts I make are my own thoughts and/or opinion and are not the views of my employer. None of my posts constitute legal advice and should not be taken as such.

jonathan427

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Post by jonathan427 » Wed Nov 25, 2020 7:43 am
The name is a lady called Janet Mariette Watson from Clear Start. I am wondering why they never contacted me or replied to any of my calls or emails when the IVA failed. Surely Janet would have an interest as the monies is still owed after all this time. I will send off the RX3 cancellation form and hope for the best. It just seems all very complicated and makes me realise how powerful the banks are and that you can never escape the past. Money talks. Thanks for all your advise, I’ll let you know how things go.

WallE

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Post by WallE » Wed Nov 25, 2020 10:12 am
The money isn't owed to the IP though and they have no interest in you considering your IVA failed. You won't owe the IP anything.

Janet Watson has no financial interest in you, nor does any subsequent IP.

No harm on doing the RX3 yourself but you would be much quicker contacting the IVA trust team at Aperture.
I work for one of the UK's biggest Insolvency Practitioners. All posts I make are my own thoughts and/or opinion and are not the views of my employer. None of my posts constitute legal advice and should not be taken as such.

jonathan427

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Post by jonathan427 » Wed Nov 25, 2020 4:54 pm
I don’t even know what that is. How could I contact the company when they went bust?

jonathan427

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Post by jonathan427 » Wed Nov 25, 2020 4:55 pm
This goes back to 2007

kallis3

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Post by kallis3 » Wed Nov 25, 2020 5:34 pm
Contact Aperture as WallE suggests and see if they can help.
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Foggy

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Post by Foggy » Wed Nov 25, 2020 5:37 pm
Aperture trust department deal with closed IVA's apertaining to firms they have purchased the books of, so might have access to old records or be willing to deal with legacy issues.
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 » Wed Nov 25, 2020 8:51 pm
Wed Nov 25, 2020 4:54 pmjonathan427 wrote:
I don’t even know what that is. How could I contact the company when they went bust?
Tue Nov 24, 2020 11:50 amWallE wrote:
Clearstart were sold to Debt Free Direct, who were sold to Aperture, who were sold to Jarvis. However, if the case failed with Debt Free Direct you may have some luck if you contact the DFD IVA Trusts team.

eMail ivatrusts@aperture.uk.com and give them as much information as possible - they may still have a trace of you somewhere and be in a position to remove the restriction.
There you go. If you provide as much information as possible they should still be able to locate you and get the restriction removed.
I work for one of the UK's biggest Insolvency Practitioners. All posts I make are my own thoughts and/or opinion and are not the views of my employer. None of my posts constitute legal advice and should not be taken as such.
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