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Posted Fri, 19 Apr 2024 14:59:14 GMT by Emma Kay
I am in the process of moving house, and have been informed by my conveyancer that there is a restriction on my property preventing the sale.  The restriction was entered for an IVA in 2013, the IVA was settled in 2014 however it appears the insolvency firm didn't apply to remove the restriction.
My conveyancer has informed me that the application to remove the restriction would normally come from the person who placed it on there, ie the insolvency firm, however the company no longer exists.
I have the original documents relating to the IVA and the certificate of completion. Can I apply to have this removed as the seller, and how long does the process normally take as I am concerned over delays to the house sale. Can this be expedited or do we need to locate the insolvency practitioner to do this.
Posted Fri, 19 Apr 2024 15:05:26 GMT by Adam Hookway
Emma - the restrictioner can apply to withdraw it or you can apply by post to cancel it (form RX3). No fee.
Once submitted you can then request expedition to reduce the wait time before it is processed, generally to 2 weeks or less.
Everything then hinges on your application and supporting evidence being in order and any wider checks we may undertake don't reveal any issues. We won;t know the answers to the above until you've made an application and it's processed though.
Posted Fri, 19 Apr 2024 15:10:07 GMT by Emma Kay
Thank you, in general other than copies of the original IVA agreement and certificate of completion, court date etc is there anything else I would need to provide as evidence.  I u derstand you won't know specifics for the case but are there any generic documents I need.
also would it just be certified copies I need to provide.
Posted Sat, 20 Apr 2024 05:14:48 GMT by Adam Hookway
Emma - see our PG on Personal Insolvency for guidance of the type of thing needed. Certified copies of supporting papers can be accepted in most cases

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