Want remortgage and dump Melanite interest only mortgage - conveyancer says can't - found 2 restrictions for a failed IVA with defunked Knightsbridge!! ***Resolved***

[TonyLeeds]

Afternoon

 

A very brief introduction:

We've been with Melanite with an interest only libor rate mortgage for 12 years and had some horrible times including many threats of eviction etc. but have managed to claw back over 3 years with no missed payments and subsequently our Credit file is now clean enough to get a new repayment mortgage with a reputable firm,

 

however the conveyancing solicitor has hit a stumbling block because there are 2 restrictions on the property land register from Knightsbridge insolvency dating from 2012 and 2016 we did have an IVA with Knightsbridge which we let fail as they weren't bringing our debt down and we felt it better to handle it ourselves.

 

To our knowledge Knightsbridge are no more so any advise in how we remove the dispositions would be massively appreciated.

 

The restrictions noted on the title are:

4 (23.12.2013) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by Dean Smith of Knightsbridge Insolvency Services Limited (Co.Regn.No. 07236433) Thornley House, Carrington Business Park, Carrington, Manchester, M31 4DD.

 

5 (01.06.2016) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by Michael Sloper of Knightsbridge Insolvency Services Ltd, Thornley House, Carrington Business Park, Carrington, Manchester M31 4DD.

 

Kind regards

 

Tony

[dx100uk]

was this a joint IVA and is the property in joint names?

 

dx

[TonyLeeds]

Hi Dx

 

Good to hear from you again you've really helped us out in past !

 

Yes IVA and mortgage in joint names.

 

Tony

[dx100uk]

5 CCJ's+restriction k's - been paying 2 after order of sale attempts . **RESOLVED £52K saved - NONE PAID but on-going** - Financial Legal Issues - Consumer Action Group

 

readme^^^^

[TonyLeeds]

Hi

 

The restrictions aren't for any specific debt but for a failed IVA which we haven't had any correspondence with for about 7 years.

 

However the conveyancer is adamant that we can't proceed with new mortgage till the restrictions are lifted.

 

Tony

[dx100uk]

both the scammers that ran knights IVA's morphed with the co to creditfix -  which is where yours was sold onto i expect but no update on land registry.

 

www.creditfix.co.uk

 

but i dont think you need to do anything IMHO, just tell your conveyancer to get on with it.

the iva failed,  the restrictions should have been removed.

 

can you remember,.....did these scammers get you and your wife to sign a voluntary charge ? 

as this is the 1st time ive seen mentioned on deeds following an IVA sign up..

 

dx

[TonyLeeds]

I Honestly can't remember what we signed but do remember that most of the debt we sorted out ourselves.

 

Tony

[dx100uk]

21 minutes ago, TonyLeeds said:

The restrictions aren't for any specific debt but for a failed IVA which we haven't had any correspondence with for about 7 years.

 

when did you take each? IVA out and when did you fail on them?

[TonyLeeds]

Hi DX

 

That's the weird thing we only took out 1 IVA and it failed after 3 years because the repayment they suggested was ridiculous and hardly anything had been paid off.

 

We've rang creditfix and the guy said its an oversight and he'll set wheels in motion to get it removed but we have little faith, I suppose we'll have to keep ringing until they do something.

 

kind regards and thankyou.

 

Tony

 

BTW amused to death is a great album !

[dx100uk]

most of the money you paid  for the IVA went on their fees, always the way

over sight my foot!! 

[dx100uk]

No Disposition of the Registered Estate | Parachute Law

WWW.PARACHUTELAW.CO.UK

---

What to do when you find an entry on your property starting 'No disposition of the registered estate..' Why it's there, what it does, and what to do.

 

[TonyLeeds]

Morning All

I looked into what I needed to do and rather go to a solicitor I decided to deal with it myself,

first thing I did was ring the land registry office and they were really helpful and told me what they needed which was me to submit a RX3 form for each of the restrictions along with a letter detailing why I thought the restrictions were no longer valid and any evidence which in my case was the Certificate of failure from when I cancelled the IVA.

I also contacted Creditfix who bought Knightsbridge and they ensured me they would deal with it as  matter of urgency....... I would have been better off saving my breath and asking my dog for help.

The Land registry office gave notice to Creditfix and about 3 weeks later the restrictions were removed and I was able to complete my new repayment mortgage.

I now no longer have to deal with the constant threat and intimidation dealt out by Melanite and Idem it's been a hard five years working two jobs but with loads of help and advice from you guys at CAG I'm now in a position where my credit file is healthy and my family home will eventually be mine.

Melanite are a scourge and what we entered into 12 years ago was what we believed to be a temporary fix ended up costing us constant worry and probably upwards of 50k. The mortgage amount at start was 165k yet we had to pay 192k to be free of them.

If anyone can advise how I can go after them for the amount of charges levied against me I would be very grateful ?

Thank you ! Thank you ! Thank you ! I wouldn't have been able to do it without you guys.

Kind Regards

Tony

 

 

 

[AndyOrch]

Well done Tony good result although having only just read your thread I have never heard of restrictions being placed for a failed IVA normally the creditors or IVA company involved would go for Bankruptcy which is very rare as it involves a substantial fee.

The Restrictions were placed in the name  Michael Sloper of Knightsbridge Insolvency Services Ltd, very strange.

 

Anyway well done.

 

Andy

[dx100uk]

well done ...knew you'd get there with a push...

what do you mean by charges...you can reclaim them in certain situations....

have you say monthly arrears fees, lots of other fixed sum fees. letters phone calls debt visits..

you can go back 6yrs but if they can prove you ought to have know within 3 that they were reclaimable they can blow the whole thing out the water. 

 

[TonyLeeds]

Hi Dx

The fees are for everything from solicitors costs from failed eviction attempts to alleged doorstep visits that never happened, there's no arrears because they insisted that the account be brought up to date.

The main thing they repeatedly did is applied for a suspended repossession order which they wielded like a stick even as recently as two months ago when I questioned disparity between my end of year statement and redemption statement I was told that they had a suspended repossession order even though my account had been ran in the black for over three years.

Unfortunately I feel that we had become conditioned to fear Melanite and went along without wanting to rock the boat however now we're free of them I would like to have a go at getting some redress.

Any advice on what I should do would be appreciated, I asked for our history 3 years ago and they eventually sent a cardboard box filled with stuff in no order and frankly pictures of the outside of our house intimidated us.

Any suggestions how I should proceed or let it go ?

Tony

 

 

[dx100uk]

solicitors fees in regard to actual litigation be it successful to them or not are sadly not reclaimable.

debt advisor fees are, esp if you had no invite to refuse the visit or advice

they and any other unlawful fees should be evident on your statements, they will be of a fixed value i'e £40, £50 etc and reoccuring.