The first applicant concluded an instalment sale agreement with the respondent bank on 4 February 2021 for the purchase of a Mercedes Benz motor vehicle, payable in 60 monthly instalments. The second applicant, as sole director, bound himself as surety and co-principal debtor. The applicants fell into arrears. The respondent complied with section 129 of the National Credit Act 34 of 2005 by notifying them of the arrears and their rights. Despite negotiations and partial payments, the arrears were not fully extinguished and continued to accrue. Summons was issued on 8 November 2023 seeking cancellation of the agreement and delivery of the vehicle. The summons was served at the applicants’ chosen domicilium addresses. When the matter was undefended, default judgment was granted on 16 January 2024 confirming cancellation and ordering delivery of the vehicle. The applicants later applied to stay execution and to rescind the default judgment under Rule 42(1)(a) or, alternatively, the common law, alleging non-service of summons and that the arrears had been settled before summons was issued.