vehicle loan probs,help desperate

asf50

Hi, not sure if this is the best site for help, but have on going problems with Nissan Terrano, purchased on finance just over a year ago now, I personnally did not go in it much to start with, but once I did I found that an old back, neck & hip injury started playing up, so much so that I found I couldn't get a good nights sleep for 2-3 nights after being Terrano, (we did not lay blame straight away to the Terrano it was a strict process of elmination to find it was the cause) if I happened to drive it for any length of time my hip was so very painful after, went back to Dealership around this time last year to ask if we could trade it back for something older? different or even for them to have it back settle any thing owing and call it quits, but this has been to no avail, (we did test drive this vehicle but we only got 30mins, be sure never again will we be caught out like that), now on Friday of last week we rec'd a letter to say that Nissan Finance were sending an "agent" to collect the Terrano due to the fact we hadn't paid for it over the last few months, I phoned them to say that we had been trying for over year to sortthis out with the Dealership, but have got no where, have emailed Nissan customer services, but basically have been told there is not a problem with the car etc., so put up and shut up (in so many words), spoke once previously at beginning of year to Nissan finanace the problem we have had, they told us to sort it out with the Dealer, which we have been trying to do and have got now where, also the Terrano was purchased when we had out own company, we understood this to be the guarantor, Nissan say because I was the Director I am the guarantor, 1) is this correct??, 2) due to the fact that we stopped payments rightly or wrongly, hoping that some-one would listen and help re: the seat problems we are now to told to wait and vehicle will be collected and go to auction, and any monies owing on the Terrano we will have to pay, mainly me, I said I do not have any assets and due to the company no longer trading as it was just not viable -financely I am now paying any debts of on a managed programme at a fixed amount of affordability to me, so I can still live and pay for food etc., and prescriptions etc., we would like to know where we stand re: above problem, is there anything else we can do, we have honestly been trying to sort this and getting now where.
Re; all above this was the FIRST LETTER we had received about the non payments, no other communication from them, we thought they would have had to written to us about this before, the only other communication we had with Nissan Finanace was back last summer when we had missed 2 payments and they phoned, we explained then all what had been going on, but we made the payments, etc., the only other communication before last Friday was just as mentioned above at the beginning of the year when I happened to be in and answer the phone, nothing else from them at all until this letter, we can;t understand why they let it drag on for so long without writing to us etc,
The pain I have suffered re: the seats, I will be honest and say I will personnally be glad to see the back of it, but all in all both my husband & I will be a vehicle down until we can save enough cash & purchase another similar vehicle, both Nissan and the dealership say there is nothing wrong with the Terrano, mechanically etc., there isn't, it does what we want, but the problem sadly for me is the seats, they just do not do my back any good, we have tried all ways to sort this, but all we wanted from Nissan was some help, with all the models they do there may have been different seats that could have been fitted.

Can any one of you good people out there perhaps help or know where we go from here, what happens if the Terrano goes to Auction and doesn't get alot, on the forecourts they are selling for around £14000 plus depending on the model, what happens to the balance owing? will they accept what we can afford to pay? if not what will happen?
Your answers please, I am losing sleep over this and feeling quite ill with worry, never having had this happen before.
Thank you all very much

K9cuddles

Could you not have bought a Recaro seat and had that fitted?? The do all sort (not just racing) to help bad backs etc...

Tootsie_Roll

I agree with K9cuddles - there was an awful lot more you could have done to resolve this problem yourself but didn't. Why should it be the dealers responsibility to come up with a solution for you, however valid your reason for not liking the car anymore ?

It sounds like you're in debt problems anyway so this probably wont make much difference in the long run to your credit rating but basically you are having the car repossessed (albeit voluntarily). The car will be sold at auction for probably much less than you could have sold it for yourself and you will have to add the outstanding balance (including all the costs) to what you already owe and pay back monthly. If you can avoid this it will be much better for you in the long run. Is there any way you can re-start payments, even come to an arrangement with them for the outstanding arrears and then get on and sell it yourself ?

Rafter

The car seats no doubt pass all the safety rules and you have no grounds for rejecting the vehicle just because it is uncomfortable for you.

Not being chased for payment is no excuse for not keeping up with payments on a credit agreement.

The guarantor issue will depend on the small print in the agreement you signed.

If you are already in payment plans for you other creditors, simply add this one to the list, don't loose sleep - if you can't afford to pay them and still live - then you don't have to.

Not sure how you will raise finance for a replacement vehicle though.

R.