Removing a restriction

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katy dooley

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Post by katy dooley » Mon Aug 02, 2021 4:15 pm
I had an Iva with a company called Synergi. Who went into liquidation in 2009. I had no idea they had gone into liquidation until I was contacted by the company who took over their caseload. I was transferred to a repayment account but then that company went the same way as Synergi and the debt letters started to pile in. I made arrangements with the debt company’s and paid my debts in full. I have now sold my house subject to contract and there is a restriction still on the land registry document, I have managed to make contact with the name on the document but he left Synergi before liquidation and I’m now at a dead end Help anyone!!!!!

Foggy

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Post by Foggy » Mon Aug 02, 2021 5:03 pm
You can arrange for the restriction to be lifted yourself. This was provided by Land Registry:

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If restriction is not withdrawn, then an application would need to be made for its cancellation.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
http://foggy.blogs.iva.co.uk

Foggy

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Post by Foggy » Mon Aug 02, 2021 5:11 pm
Synergi had their cases cases taken on by Cleardebt --- who, in turn, transferred cases to Aperture ! Now Aperture transferred their case load to Jarvis Insolvency, who have rebranded as Debt Movement UK. Depending on where in the time line your case ended will determine where the record rest. Probably best to start with Debt Movement and work backwards.
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

MrMole

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Post by MrMole » Mon Aug 02, 2021 5:42 pm
Who is the individual named in the restriction? If you can contact them that will often be a very quick way of sorting this out.
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