Restriction on house

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kelly143

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Post by kelly143 » Tue Jun 08, 2021 5:41 pm
Hi. My husband and I entered into an IVA in 2012. If all happened very quickly and my bank account was closed, which I hadn’t been earned about.
We paid £344/ month for 42 months until my maternity pay stopped in 2015 and I subsequently left my job. We could no longer afford the repayments, and we were granted a payment break of 4 months. After which I submitted a new income/expenditure form and asked for the payments to be reduced. No response. I was chased for the form a mo th later, which I forwarded with the previous email requesting the variation. No contact, despite emailing to chase them. Anyway, 2 months later our IVA was terminated.
Now we are trying to sell our house and there is a restriction on it, from Susan Wriglesworth. Myself and my solicitor have approached Creditfix to try and have this removed. At first it was just a straight forward no, to which my solicitor replied was illegal as they aren’t offering me an out. She has insisted on speaking to Susan, but after 5 weeks we are still getting nowhere.
Can anyone advise what next course of action should be? I’m not even sure Susan works for Creditfix now, as she isn’t listed as one of IP’s on the website. And we are no the verge of pulling out of our sale & purchase as we have no idea what to do!

Foggy

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Post by Foggy » Tue Jun 08, 2021 6:38 pm
Susan is the named party to the restriction and was the named Supervisor to your IVA and, as such, the buck still rests in her lap ! Unfortunately I cannot find her registered as a practicing IP any more.

So, either her caseload was transferred to another IP, or if not (if it was terminated before she stopped practising), the restriction is in favour of someone who no longer has an interest. My understanding is that, if you apply to Land Registry to have the restriction removed yourselves the process is that they write to the named party for objections to the removal and, in the absence of an objection, will remove it. Id Susan was not officially replaced on your IVA and has disappeared, she will, presumably, not object.

From 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
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