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Here is the order. Unfortunately it is a Scottish order and I am not familiar with the language they use but here's a couple of initial thoughts from what I can make out.
- the order says "Certified that no intention to defend has been lodged" sounds something similar to English proceedings where the court has sent a notice saying that a claim has been issued and you are required to serve an acknowledge stating your intentions of defending or admitting the claim. That wording suggests there has been no notice to the court intending to defend the claim.
- As a result of there being no intention to defend, the court has granted Moneybarn's wish and order the OP to deliver up the vehicle or allow Moneybarn to recover the vehicle.
Erin81, can you explain this as something doesn't add up. Did you receive any kind of court notice of legal proceedings regarding Moneybarn, or did they ask you to sign anything that resembled a legal document or anything like that? Based on what you have described you appear not to be aware of this yet clearly the order is suggesting the court has made you aware of the claim but the claim was never responded to.
If you're absolutely adamant that no court document has been signed agreeing to hand over the car or anything like that then it leaves limited other explanations like the court has sent the notice to the wrong address or Moneybarn has made a without notice application (contrary to what this order suggests) or they have used the wrong address to avoid having to make you aware of this.
As it stands, you have no leg to stand on other than going to court to somehow set this order aside and try to get the car back.
- the order says "Certified that no intention to defend has been lodged" sounds something similar to English proceedings where the court has sent a notice saying that a claim has been issued and you are required to serve an acknowledge stating your intentions of defending or admitting the claim. That wording suggests there has been no notice to the court intending to defend the claim.
- As a result of there being no intention to defend, the court has granted Moneybarn's wish and order the OP to deliver up the vehicle or allow Moneybarn to recover the vehicle.
Erin81, can you explain this as something doesn't add up. Did you receive any kind of court notice of legal proceedings regarding Moneybarn, or did they ask you to sign anything that resembled a legal document or anything like that? Based on what you have described you appear not to be aware of this yet clearly the order is suggesting the court has made you aware of the claim but the claim was never responded to.
If you're absolutely adamant that no court document has been signed agreeing to hand over the car or anything like that then it leaves limited other explanations like the court has sent the notice to the wrong address or Moneybarn has made a without notice application (contrary to what this order suggests) or they have used the wrong address to avoid having to make you aware of this.
As it stands, you have no leg to stand on other than going to court to somehow set this order aside and try to get the car back.
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