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Plan of action
                
                    cumbrianmale                
                
                    Posts: 23 Forumite
         
            
         
         
            
         
         
            
                         
            
                        
            
         
         
            
                    Soliciting views on my plan of action.
Background
Due to redundancy in 2006 I entered into a DMP with Step change, this continued successfully for many years. In January 2018 I then entered into an IVA as circumstances had changed drastically. All accounts had defaulted long ago and have gone from CRA's.
In February 2019 the IVA failed due to non payment because of further change of circumstances including marriage breakdown. I received my final letter from the Insolvency Practitioner on 14 February 2019 and believe/assume they also wrote to all creditors at the same time. No creditor received any payment as all the proceeds went in fees to the IP.
I have been contacted by a couple debt collectors in the last 18 months or so but just ignored all contact.
It is Cabot and Lowell who have attempted to make contact. Cabot quite vociferously and Lowell sporadically.
Plan of action
All these debts are now statute barred as no payments have been made since about June/July 2017 and no correspondence since the final letter of IVA failure from the IP in February 2019.
I intend to send Provit letters to any correspondence received and should they come back with evidence claiming it is enforcable then send a statute barred letter.
My reasoning being as I don't know exactly when or if the IP wrote to the creditors the Provit letter puts a bit more buffer into the 6 years for Statute Barring them.
All comments and suggestions welcomed.
                
                Background
Due to redundancy in 2006 I entered into a DMP with Step change, this continued successfully for many years. In January 2018 I then entered into an IVA as circumstances had changed drastically. All accounts had defaulted long ago and have gone from CRA's.
In February 2019 the IVA failed due to non payment because of further change of circumstances including marriage breakdown. I received my final letter from the Insolvency Practitioner on 14 February 2019 and believe/assume they also wrote to all creditors at the same time. No creditor received any payment as all the proceeds went in fees to the IP.
I have been contacted by a couple debt collectors in the last 18 months or so but just ignored all contact.
It is Cabot and Lowell who have attempted to make contact. Cabot quite vociferously and Lowell sporadically.
Plan of action
All these debts are now statute barred as no payments have been made since about June/July 2017 and no correspondence since the final letter of IVA failure from the IP in February 2019.
I intend to send Provit letters to any correspondence received and should they come back with evidence claiming it is enforcable then send a statute barred letter.
My reasoning being as I don't know exactly when or if the IP wrote to the creditors the Provit letter puts a bit more buffer into the 6 years for Statute Barring them.
All comments and suggestions welcomed.
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            Comments
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            That seems sensible1
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            Good plan, see who contacts you and act accordingly.
To be certain I`d give it as long as you can before responding to anyone.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 
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