Okay default notice was 15/11/2006 rectify date was 29/11/2006 so they gave no time for service. Termination notice was dated 1/12/2006. They said it was probably sent first class but they have no proof of postage and neither do I.

Just say help required and submit the post.

You've done brilliant so far so don't give up!!! Have you clicked on the red triangle for help??

So if they cannot provide proof that it was sent first class then am I right in saying it is assumed that second class was used?

Countdown just over a week to my court hearing!! I need info on the s7 Interpretation act act 1978 and especially if there any case references I can refer to where termination notices were issued too soon after the Notice of Default and case thrown out.

Well done MJ. Bumping for you!

Top man, so when should I send it into the court eg how many days before my hearing? I don't want to give the other side a heads up!

I'm never afraid to ask daft questions and here is probably one- What exactly is a skeleton argument and when does it get used? Does it get presented to the court before the hearing or is it a back up at the hearing???

Cheers guys for your feedback.

Received another letter from this DCA advising they are going to send a home collection agent around to sort out payments and if I do not pay they will recommend to their client that they issue court proceedings. Just to clarify this DCA has already advised that thay have no CCA and they understand that the debt would be unenforceable through the courts!!!

Eversheds have now advised that they refuse to communicate with me until the court hearing on the 1st of June. Glad to see they want to help sort things out!!! Should they not have to send a response/statement to my application for set aside before the court hearing???

wasn't the change from 7 to 14 days in effect from 1st Oct 2006?

Legend, cheers.

Just received this email from a debt management company- It is estimated that there are around 100,000 claims in the court for unenforceable credit agreements. On 8th May 2009 this form of business activity was effectively closed for at least several years, if not for good by a ruling in Chester County Court by Judge Derek Halbert who froze litigation. The ruling effectively put all cases on hold whilst a handful of test cases are heard in the High Court by Mr. Justice Andrew Smith, head of the Commercial Court. This process is likely to take several years to reach a conclusion. The Ministry of Justice (the government body responsible for regulating this industry) is expected to make an announcement shortly. A major claims management company has already pulled out of the market, with more likely to follow.

After sending a CCA request and then receiving a letter from the DCA advising that there is no CCA available and then debt would be unenforceable in court, I have received another letter from the DCA advising I have defaulted on my agreement and if I don't pay in 7 days they will take legal action against me!!!! What letter should I send them?

IMO, a KFI should have been given to you friend for the Northern Rock mortgage but then they would have received a mortgage offer which would have stipulated all the costs, payments and terms and conditions of the mortgage, don't think they would have much cause for complaint there. The secured loan with Picture would be a different issue though if the PPI was mis-sold and they should have cause to complain. Someone else with more knowledge will be along to offer advice.

I agree, the main losers in this are the claim management companies and consumers who are using them. The majority of people on here will be disputing their agreements direct and challenging the creditors to take them to court if they want to pursue the debt rather than the other way around. That's my opinion anyway!

Doh, sorry I meant if they haven't got a Consumer Credit licence!!

Question- can a solicitor, in my instance Eversheds, collect monies therefore debt collection on behalf of their client without having a Consumer Credit agreement?

I also can't see any fees for default, missed payments etc. but it is hard to read.

I think it just goes to prove you are better dealing with it yourself rather than use one of these companies!!

They should realise I'm not then, lol!

Also on checking my credit report I have seen Eversheds have carried out a search on 23rd April 2009. Are they allowed to do this? Why would they do this?

Cheers IGNM and congrats on your win yesterday.

I got asked to set myself up as an introducer to one of these type companies and I did not feel comfortable doing it. However I have thought about setting up my own thing to help people who don't have time or can't deal with the stress of dealing with the DCA's themeselves without ripping people off. Personally I think the fees some of these claim managment companies charge make them not much better than DCA's themselves. They are just making money off the back of other peoples bad situations. But overall if you can do it, do it yourself.