Help with restriction on property.

Peggysue14

Hi All,first timer,I am looking for advice.Long story short I entered into an IVA in Dec 2012 and was completed in 2015.Capquest have a restriction on my property in March 2012 they were included in the IVA put failed to show up at the creditors meeting.I have applied for a remortgage for a better rate all has gone well only for this restriction to pop upit does not show on my credit file which is excellent.The Capquest debt is now with Drysdens solicitors who sent me a letter a few weeks ago do I have to pay this the debt is now 9yrs old any help please my time will be running out with the remortgage.👍

fatbelly

That was a short IVA!

So, there was a court judgement and a charging order, yes? Both prior to the date of the IVA?

The mark at the Land Registry was a restriction because the debt was in your name and the house owned jointly?

In that case the IVA does not have an effect on the debt and you remain liable. You can remove the restriction by selling the house or by getting Capquest to remove it (which will involve paying them)

If it's more complicated than that you may need the Charging Orders The Myth? thread that is now in the stickies. The Land Registry Rep lurks there.

Peggysue14

Thanks is the debt still enforceable after 9yrs.

fatbelly

ccjs don't expire.

They are expected to enforce them within 6 years and a charging order counts as one way to do that.

If you mean can they ask for an order for sale there would be an incredibly small chance of success on that.

Peggysue14

Hi,thanks again,I don't have any ccjs,the debt to is £900 do you think I should make an offer of half that,if paid will they remove the restriction.👍

sourcrates

Peggysue14 said:

Hi, thanks again, I don't have any ccjs, the debt to is £900 do you think I should make an offer of half that if paid will they remove the restriction.👍

If you have a charging order/restriction, then you must have a county court judgement, unless you agreed to the restriction voluntarily, did you ?

Peggysue14

Hi,we only found out about the restriction when applied for a remortgage we didn't know we had one.Both mine and hubby's credit file are excellent no ccjs on either so I am at a loss as how to have the restriction removed.Dreyden Solicitors have sent a letter stating they have a charge on the property for a debt from Dec 2012 .

fatbelly

If the ccj was more than 6 years ago it would not appear on the credit file. 

The Land registry entry usually gives some detail of the charging order. Is there a court reference there? Does the solicitors' letter give one?

The solicitors are calling it a charge whereas you are seeing a restriction so it sounds like my assumptions in post 2 were correct