Hi All, does a default notice need to be signed in order for it to be enforceable/legal ?

Yes, sent to the solicitors for the pursuer

Hi Rory, Thanks for taking the time to respond it's much appreciated. The 07 form went back to court last week. Then I got a letter from the court saying the defence has to be in for 23/10 and it also gave dates for the options hearing. I'm at work just now but will PM you with my draft defence paper as soon as I get in. I'm just unsure what format it should be in and how extensive it needs to be? Given that you still have time to change it before any hearing takes place. Many thanks again.

Thanks for the link, I am defending it because they are looking to retrieve the car and another 12k on top, according to case law I have paid well more than 50% so they have no recourse even if they've terminated the agreement. Secondly they have failed to produce the full credit agreement even though it has been requested 3 times, so they have broken the law. Also they have refused to acknowledge attempts to negotiate , this is also a breach of the CCA. I am hoping to find some case law (unsuccessful so far) that the ownership of the vehicle has in fact transferred to me due to the amount paid, regardless of the terms of the CA (well the bits we've got). We have requested that they send a copy of everything they intend to use as evidence, I believe they don't have the necessary documentation. I am concerned about their use of my personal data, as the exclusion appears to limit it to BOS and the introducer, but a little unsure how this can include DCA's ! Away to check that link out

Thanks for that 42man, hopefully Rory will pick it up

Hi There, Bump Bumpety Bump I'm only bumping as my defence needs to be in on 23/10 Any advice would me most welcome.

Hi all, having had a look around we seem to have found what details we need, even though there is some case law we could do with some help on. Also, does anyone know if the defence has to be on a specific form or just making a reference back to the initial writ ? And do we have to be specific at this point on what case law etc we are using or just a general idea of the defence to be used. Thanks for all your help

Do you mean the initial writ ? Any links would be useful thanks

We have now received something from the court saying they would need a defence in by 23rd October, we are unsure exactly what this means as we thought we had done this by applying to the court that we wished to defend, maybe somebody could clarify ?

Thanks Rory32, sunday would be great I think the defence would need to be in within two weeks The court clerk didn't give me a date but said that I should receive the documents on what happens next within a couple of days, knowing our post here, that could be 4 or 5 days!

OK I've decided to defend this action it just doesn't add up to me. Rory32 any input most welcome. Cheers

Oops , forgot to mention that on form 03 it says it is ordinary action

HP agreement , they have issued forms 05 time to pay, form 07 notice of intention to defend, form 03 , form 02 (dodgy photocopied form of warrant from the court) and an initial writ. I have to make a decision today on what to do ! It is in regard to a car which I have paid over half back, but have been unable for a number of months to make the installments. The writ seems to be applying to the court for the car and 12k, what is strange is that they previously sent me a redemption statement of approx 10k, is this normal or would the judge spot it and reduce the 12k by the amount of the value of the car? I have requested the original T&Cs in relation to the alleged agreement 3 times but none have been forthcoming ! Surely this is a breach of the CCA and they are still non-compliant and therefore shouldn't have started any court proceedings.

Thanks for the responses, did you manage to open the documents and see the box I am referring to. Also they sent me a while ago a statement which showed a redemption figure to buy the car of approx 10k, now in the writ they have put they want the car and 12k, how can this be ? I think on this alone I may have a case for some sort of defence. Please also note that I am in Scotland , so some of the law is probably different. Again thanks for all your input

Palomino, Thanks for that, in one of the attached documents it refers to clause 3.6 of the T & C's but again I have not been supplied with them. Does this matter or am I clutching at straws? CitizenB No t wasn't an online application. Many thanks