Restriction still on property

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sarah737

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Post by sarah737 » Fri Apr 16, 2021 4:24 pm
Hi wondering if anyone can help. Myself and ex husband had ivas that started in 2008 ended in 2013. A restriction was put on out property. Now in 2021 we have come to sell the house and the restriction is still on the property. Original iva was woth money debt and credit. Who no longer exist. Then passed to grant Thornton who also no longer deal with ivas. So then got passed to Jarvis. Who now no longer have our records. I've discovered the supervisor for the iva resigned in 2010. And no one seems to be able to help. And we are at a loss as to how we can get anyone to remove these restrictions. I have tried land registry you can't seem to ever get through. So have emailed. Also have been told to email IVATrast@aperture.uk.com and still haven't heard back. I suspect as it ended over 6 years ago no records are now in existence. So any helpful tips on how to resolve this?!

Foggy

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Post by Foggy » Fri Apr 16, 2021 4:58 pm
Land Registry say this:

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If restriction is not withdrawn, then an application would need to be made for its cancellation.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

luluj

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Post by luluj » Sat Apr 17, 2021 5:29 am
Complete RX3 and send with copy of your completion certificate outlining the iva dates (start, finish etc) and the story behind the different companies involved etc and the land registry will release the restriction.
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WallE

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Post by WallE » Sat Apr 17, 2021 3:18 pm
The email address is ivatrusts@aperture.uk.com, double check you're emailing the correct address.
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.

Gumasmaster

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Post by Gumasmaster » Sun Apr 18, 2021 12:15 am
Hi, we were in exact same situation.
Send me your private email, I will send who details of the 2 people who helped us out.
Money Debt & Credit is very much alive!! Nightmare to deal with!!

kallis3

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Post by kallis3 » Sun Apr 18, 2021 8:12 am
You are not allowed to post private emails on here. If both parties agree then Foggy will put you in touch with each other.
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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.
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sarah737

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Post by sarah737 » Mon Apr 19, 2021 7:41 am
Money debt do exist but not for ivas anymore and hold no records. And all records have now been destroyed as its so long ago. We have applied for it to be removed via rx3 stupidly neither of us have the completion certificates any longer as again this iva is years old and doesn't show anywhere. And we can't get copies of the certificate as there's no evidence it ever existed it would seem! Soooo frustrating!

Foggy

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Post by Foggy » Mon Apr 19, 2021 7:48 am
My (limited) understanding is that, in the absence of supporting evidence to withdraw the restriction the Land Registry will serve notice of the intention to withdraw on the party named in said restriction. If they get no objection within a given period (28 days? ) then the restriction will be lifted.
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 » Mon Apr 19, 2021 10:53 pm
Do you remember when in 2013 your IVA completed? Grant Thornton took the Money Debt and Credit cases over on the 12th of July 2013, if it closed after that it'll be with Aperture and the IVA Trusts team should be able to assist.

If it was before this, it's possible that your former IP may be able to assist - who at MDC is named on the restriction? You may have some luck contacting them directly if they're working for another firm and the RX3 route doesn't work. You might struggle with an RX3 if you have no documents to provide as supporting evidence - Land Reg can be a little persnickety at times.
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.

sarah737

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Post by sarah737 » Tue Apr 20, 2021 6:17 am
We have been in contact with grant Thornton who confirmed they passed it over to jarvis, who confirmed they have no records now, we have also emailed iva trusts at aperture, and still have not heard back. Our solicitor has applied at land registry so hoping they will take more notice of her than me! Fingers crossed

ApertureTrusts

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Post by ApertureTrusts » Tue Apr 20, 2021 8:03 am
Hi Sarah737, Please may you send an email with all your relevant information to IVATrusts@aperture.uk.com.
Please be advised that our email is case sensitive and should be typed exactly as above.
We apologize that you have yet to hear back from us, our turn around time on emails is 10 working days.
Many thanks!

Foggy

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Post by Foggy » Tue Apr 20, 2021 8:29 am
Tue Apr 20, 2021 8:03 amApertureTrusts wrote:
Hi Sarah737, Please may you send an email with all your relevant information to IVATrusts@aperture.uk.com.
Please be advised that our email is case sensitive and should be typed exactly as above.
We apologize that you have yet to hear back from us, our turn around time on emails is 10 working days.
Many thanks!
Thank you, ApertureTrusts, for reaching out and welcome to the forum. Thank you, also, for clarifying the case sensitivity of your email address. I am sure this has caught many out !
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

luluj

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Post by luluj » Tue Apr 20, 2021 8:32 pm
Hoping this can be resolved for OP - its stressful enough moving / selling a house without added pressure for something that should have been cleared years ago
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"

sarah737

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Post by sarah737 » Tue Apr 20, 2021 10:38 pm
Sent email 3 times to above email address typed completely correctly, to receive 3 emails back from journel@jarvisiva saying this Email address isn't receiving emails!!

luluj

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Post by luluj » Wed Apr 21, 2021 4:33 am
@sarah737 I just sent an email and received the same response

@Aperture Trusts - please advise

Email used was IVATrusts@aperture.uk.com
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
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