To me it reads as both. I have to tick whether I pleade gulity or not guilty to each offense. Not providing info ( did not recieve a letter so how can I?) and driving over the limit (might have been me, might have been my partner, we do not honestly know, it was six months ago and we always shared the driving)

The car was repossessed early July and the DVLA were informed of the change of owner. I moved out roughly the same time and have not recieved anything before this. I cannot say nothing was sent, but I did not recieve it. Naturally I did not inform DVLA of a change of address as I do not own a car anymore.

Hi all, Out of the blue I have recieved a court summons for an alledged speeding offence back in June, the paperwork was sent to my old address. The car itself I no longer own so naturally I did not have to inform DVLA of a new address. Anyway. I have recieved 3 photos of the back end of my former car (no photo of the driver) and I have been given 3 options. Plead gulity by post, pleady guilty at court, or not guilty. The court date is the 11th so dont have much time as I have only just recieved the letter. Both myself & my partner were insured on the car at the time so I do not honestly know who was driving it over six months ago! Surely they have to prove who was the driver to convict someone? It seems they are taking the approach of its your car so unless you tell me different it is you we are going after. The offense was for doing 35mph.... My license is completely clean so far. I would appreciate any help someone can give me on how ro respond. Mav

I finally recieved some documents from Mercedes sols, usual standard response that the documents they have sent is all they are required to do at this point. Recieved a copy of original agreement, and termination notice. Also they posted a letter dated Friday 23rd of July saying they intend to repo the car unless I contact them immediately, this arrived on the 27th, the day after they had already taken it, this gave me no chance to either pay up in full or to finalise my plan B of selling my car to a local dealer which would have left me a shortfall of just £1800 which I could have paid. Far less than the near £6k they want now. Also, there is still the grey area of the repo off private property, plus the repo people gave me a copy of there instruction from Mercedes, which they recieved by fax timed after they had already taken the car, a problem maybe? Repossessing without proper documentation, no advance notice? (maybe just clutching at straws!) I would appreciate some help forming a response to them. Main issues for me is are they required to give a certain amount of notice before they repo the car? And any more thoughts about the manner of the repo? By forcing through the repo this way I was unable to voluntarily give back the car and save some costs? Hope for some help from you all. regards Mav

Hi, I never sent a SAR to Mercedes, but I as there solicitors we threatening legal action and issuing a statuory demand, I adapted a letter Wannebee advised another Mercedes Benz sufferer on his thread. Basically a request under CPR rules for all infomation they hold in relation to this claim, I would assume this should work in the same way? I am right in assuming that they 'must' provide all documentation they intend to use in 'court', and cannot simply withhold info? The list of requests is quite extensive including an actual copy of the credit agreement, default notices, list of charges they are claiming and a breakdown of what they are for, and of course all info relating to the forced reposession. An the issue of the statutory demand I received this info from the Insolvency Practitioner who is dealing with my business adminsitration which is quite interesting. And provides a flaw in there sending out the statutory demand. "The completed form must usually be served on the individual in person. The creditor must have a certificate of service, so it is usual to employ a process server to carry out this function (these are listed in Yellow Pages under 'detective agencies'). The court is not involved in the issuing of statutory demands, so no court fee is payable." I just recieved a letter in the post, not even recorded delivery, asking for me to confirm receipt. Yes, that was going to happen!

Thanks, I have read that some creditors like to use this tactic as its quite easy for anyone to send a statutory demand in the hope to provoke a reaction. The deadline for a set aside as passed, but I would asume should that want to take it further they would need to provide some sort of proof as some point, so far they have simply sent a prior letter saying 'you owe this, pay up' no details of how they come up with the figure or anything. That said I will send a letter by fax & post in the morning asking them for 'proof', so we will see what happens.

Hi all, Just had some post forwarded on to me and apparently on the 28th October, I recieved a Statutory Demand for 6k from Solicitors acting on Mercedes behalf. I have not recieved anymore paperwork, from a court?, but maybe still on route as it tend to take a week or two for any mail to arrive at my new address. Not quite sure what this is? Is it actually a court claim now? And more importantly how to respond. The limited paperwork provided says I have 18 days to apply for a set aside? Would appreciate some quick adivse on this. Mav

Hi Wannabe, Sorry for my delayed reply, been tied up all week dealing with my business issues....which ironcially started my personal problems. Anyway back on topic! 99.99% sure it will be unregulated, it was over 25k. There were default notices, but they have been mislaid so cant check specifics. Definately nothing regarding intend to repo until 'after' they have already done it. Look back on thread and they were speaking to me on the friday and asked for me to right them a letter regarding payments etc for them to consider, but at 9.40 Monday morning had faxed the repo people to the take the car (they gave me a copy of the fax after they had already removed the car.) No parperwork before. I letter came afterwards from mercedes telling me they 'decline' my offer of payment...and they have already taken the car anyway!! The car was taken from my work place. Private property definately, but public (customers) do have access. Maverick

Hi all, Well interesting week sinced I last posted. The bailifs never turned up! After a few days of anxiously waiting for there arrival I thought sod it, I will call them only to be told that the account was put on hold by the council and they could not do anything. Strange I thought. So back to the council and they said they put the account on hold whilst they sorted my query from the week before. Basically I asked for various infomation regarding the summons as I received nothing from them. I also asked for things like what judge it was before and they could not (would not?) answer. I bit suspect I thought. Anyway, regardless of this I decided to put the business into administration. For the past 15 months I have been fighting to keep the business going throught the credit crunch and taken a lot of personal pain (my own credit rating is shot!) and decided enough is enough and needed a fresh start....as TGP suggested. My company is bit more complex than a simple closure & selling the stuff across but the end result will be the same, so I enlisted a Insolvency Practitioner. The interesting thing that came out of this process though which may help others in my situation is that the IP informed me that several councils around the country have fallen foul of there actions over summons/baliffs etc, and have been successfully sued for damages. I mentioned in my thread earlier that they are supposed to often take short cuts and simply hire a room at the court on a specific date (not before a judge or anything) and when naturally no-one turns up to challenge them (losing is a formality right?) they simply send out a 'judgement' letter. Apparently this is very shaky ground if looked into. Probably why they were happy to stop action when I asked a few questions? But the main point which they have fallen foul of is the fact they cancel your right to installments and asked for the full amount up front. In my case we are only 6 months into the year so the most they should be able to 'sue' for is any arrears, half in my case. The rest of the year as not happened yet, you may not be in that unit for the full year for example. And councils are now being successfully taken to court for damages. Maybe some of the site team can verify this, specific case maybe? But like I said this info is from an Insolvency expert so good to know....

Hi all, Hope some people are still around to help! Finally got a letter from Mercedes Sols asking for £6k to clear the debt after selling of the car. Naturally the letter just says pay the money or else. No explanation of costs etc. From reading other similar threads I would assume first point of call would be getting all the info from them. The letter states that if no reply within seven days they will commence legal proceedings. What is the best way forward, is there a template I can send them asking for relevent documentation? Or does CPR rules work in the situation as unlike the usual 'We MAY commence legal proceedings' as on DCA letters, this clearly says 'WILL' so the intent is there. A quick recap for any new viewers. Bought a Mercedes for 25k and defaulted with loss of earning. Tried to make arrangements for smaller amounts but were refused everytime. On the final attempt they asked me to put something in writing for a manager to consider, but at the same time told repo men to take back the car. Car was taken without permission, notice, or any advance paperwork, from work premises. At the time I had a plan B in place to sell the car to a local garage should they turn my payment offer down again. They offered me £18600 (current book price at the time) which would have left me with a balance to pay of just £2500 which I would have found. Arguably they have worked things for there benefit by getting the car back in the manner they did and selling it on to one of there dealerships at a discount, and charging me the £6k. Any help will be great.

Many thanks HW. Proably where he got is £150 estimate from, but there is no way he can get it up to that much anyway. Proably a couple hundred of quid of 'paid' for stock at best. The rest is all on credit. So I assume he can only charge a levy fee on what he can actually 'levy'? So if he can only find £200 of stock he can only charge the levy fee for £200? On a 9k bill and a payment being offered you would think it was not worth it...but they are a strange bunch I believe! Not visited me yet so will keep you all posted. Made a note re is id. I read on this website http://www.pilesadvice.co.uk/index.htm that if they do not have the right credentials they cannot actually do a levy even if they want to. And I read on another thread on here that some of these companies like Rossendales don't always use fully bonded people.

Shop is quite simple, all stock is on credit and can prove it. Shop fit is on lease...and can prove that too. He can have my toilet roll if he likes though...that is paid for! Basically I am co-operating and have the agreed cheque to give him, but only if I get something in writing first. Although, I do not own the shop. Its a unit on a private estate and the landlord owns the building fully. Surely if they break in they will be liable to them somehow? Just a thought.

Hi, I spoke to the council and I do not qualify for that relief. They say it goes on rateable value which is aprox 20k, but £10k payable. No, no visit at all as yet. But there office simply says you must deal with the representative and will not discuss further? He acknowledged on the phone that there is little or nothing he can take, yet says he still needs to come to fill out paperwork. Is that where the screw job might happen? Also, explain levy for me a bit more. I assume he makes a list of what they can sieze, so if he does that he gets more money is that what you are saying?

Thanks for the post everyone. Ultimately as explained I want to pay & will pay. Just needed a little time. As TGP pointed out quite clearly, if the bailiff takes an over-agressive approach and tries to take as much as possible and makes me go out of business, he will get very little. But if he works with me sensibly and allows me to earn the money they are owned then he will get it all, no brainer really. Anyway, was pro-active and spoke to them yesterday before they arrived and in principle a paln was agreed for 25% now, and the rest over the next 3 months. Fair and sensible I think you would agree (and yet I offered the Council the same and they refused?!? Go figure...) Found the guy very helpful, but then I suppose I was happy to pay so no need to get shirty! Feeswise he said it will be just £150 on top of what is owed. Does that sound right? Seems reasonable? But curious on the issue of there legal status, always good for people to know, as TGP commented on the fact some are not actually licensed to collect? What do they need to provide? And how do you know if they are genuine as of course they will always claim they are? And what can you do if they are not.

There is probably a very small amount they could take, were talking a couple hundred pounds, certainly not thousands! And would reclaim them very little if sold off. I can actually pay something if they do turn up, but just needed to know where I stand. Also, read another post on here and many seem to advise on still sending payments the council, regardless. And avoid the baliffs fees....