Thank you everyone. So I should contact aperture and mention the failed IVA and name Janet and Clear Start and see if they can remove the restriction, if not fill out the RX3 and send to Land Registry? I just don’t understand why the IP wouldn’t contact creditors when the monies is still owed. I know I’m being a bit thick but just don’t get why the banks didn’t chase the IVA or me back when it failed. I’ll keep you all posted and I seriously appreciate all your advice.
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
I am going to contact aperture and see if they can lift the restriction. I’m not sure how it works or how I will get on but I’ll give it a go. I’ll keep you all posted as you’ve offered some good support and I do appreciate it. Although when I have searched online, it states that I should go through the Land Registry but will see.
By contacting the aperture department, would this affect my credit rating? Or is it simply to have the restriction removed? Would they not question why the IVA failed and why the debt was not resolved and that I had an obligation to contact the creditors back then to discuss the debt?
If aperture purchase the books from other companies, then surely they will do this to chase the IVA and make a profit. Therefore, they will own the debt and chase this to make a cut. They wouldn’t want to, happily, remove my restriction just because I asked and knowing the IVA failed and the monies still owed. Surely they would want to benefit from this? Sorry for all these questions just want to be 100%, I’m not the brightest spark
The IVA company don't 'own' the debts, your creditors still do. It does not make any difference to your company that you failed your IVA and they will not chase you. Your original creditors can then start chasing again. They should have removed the restriction and all that means is that you cannot sell your house without their permission.
Please get in touch with IVA trusts as recommended.
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
My name
Address
Requests to remove restriction
IP name and address
Do I write and say my IVA failed, I never repaid the debt and still owe the monies but could you lift the restriction so I can sell my home?
It just doesn’t seem right but is this what I do? I thought the restriction was placed on the property to prevent me from selling the place. A kind of guarantee to the creditors and insolvency company to protect their interest.
I would not mention the debt, it may stir up a can of worms.
You can mention the failed IVA and ask that they remove the restriction.
I have no idea if they would charge.
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
Oh ok. So just ask for the restriction to be removed stating that it should not be there due to a failed IVA in 2007? But don’t give details on the debt? What if they ask why it failed and was the issue resolved? Information they may want if they are to remove the restriction. It’s all very confusing.
I doubt if they would want to know. It should be enough that it failed and you want the restriction lifted.
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
Just write along the lines of: " I had an IVA with xxxx which started on DD/MM/YYYY and a restriction was placed on my property at Land Registry, which I now need removed. The IVA subsequently failed on MM/DD/YYYY. I understand that legacy issues have devolved to you and would be grateful if you could see to the removal"
An IVA trust is the 'shadow', if you like, created by an IVA and Aperture IVA Trust is a department of the firm Aperture who deal with these legacy issues, if they have been passed the details of old cases from companies they take over the caseloads of.
They might well write back and say that they have no records, in which case you will need to submit an RX3 yourself.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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?
Sun Nov 22, 2020 5:16 pmjonathan427 wrote:
It was a company called Clear Start. Does Statue Barred mean they can’t chase or claim the debt because it’s been too long? There is nothing on my credit score regarding the IVA or insolvency, my score is rated good on three different websites and I have good credit. Is it simple to remove the restriction or would I need a solicitor? I thought debt was written off after 7 years. I’m not sure what to do as all this anxiety is coming back and feel so depressed from it all again. 13 years of torment is starting to resurface. How could I find out if I am still liable for this debt? Thank you in advance.
