Really need help. 82 year old nan being harrassed by Credit Resource Solutions

ej8989

Hello there, My name is Emma and this is my first post.
I joined today because I have a dilemma.
About 3 years ago i took out Car Finance with (Hartwell Ford) for a car that was £7000 the loan paid back in full would come to around £10000.
My nan was supposed to be the guarantor for the loan. We went down to Hartwell Ford to sign the documents etc. and the car was ours within a few days.
However all the documents went straight to my nans. The loan was with barclays and they put it in my nans name. At first we really didnt mind as we were paying off the payments anyway.
2 weeks later. (the brand new cars wiring caught alight) we took it back to hartwell ford and even though it was under warranty they wouldnt fix it because the 'Contract' was in my nans name and the car was in my name.
When we said to them about nan being the guarantor and not the loan taker. they said that they cant find out because the person the dealt with the car has now left.
So the Loan with barclays is now just fully with my nan and the car is no longer working.
We end up paying the loan monthly and we lose our jobs and now nan has been harrassed by credit resource solutions for the past 2 years. and they are now threatening to take my nan to court if she doesnt pay £187 a month. we cannot afford this amount per month as its basically half of the money we get each month.
My nan is 82 years old and its making her really ill. what can i do. its all my fault because we have no proof of this guarantor thing either.
Thanks :mad:

McKneff

How old are you?

ej8989

I am 23 hun why

Tixy

If nan was either asked to be guarantor or the loan was in her name alone - then did she presumably have some income by which she could prove she could afford the repayments at that time?

So has the car not worked or been used at all for the last 2 years? where is it currently?

Did you simply accept it could not be fixed under warranty 2 years ago - did you write formally to complain to the dealer? did you write to Ford themselves?

The loan agreement of your nan's - is this secured loan finance? or just a personal loan which was used to buy the car?

When you say the car was in your name - do you mean the invoice for the car or that you were the registered keeper?

Even if you could prove nan was only originally intendedto be a guarantor - as soon as you lost your job she would have become responsible for the loan.

How much has nan or you been repaying each month for the last 2 years?

edgex

ej8989 wrote: »

Hello there, My name is Emma and this is my first post.
I joined today because I have a dilemma.
About 3 years ago i took out Car Finance with (Hartwell Ford) for a car that was £7000 the loan paid back in full would come to around £10000.
My nan was supposed to be the guarantor for the loan. We went down to Hartwell Ford to sign the documents etc. and the car was ours within a few days.
However all the documents went straight to my nans. The loan was with barclays and they put it in my nans name. At first we really didnt mind as we were paying off the payments anyway.
2 weeks later. (the brand new cars wiring caught alight) we took it back to hartwell ford and even though it was under warranty they wouldnt fix it because the 'Contract' was in my nans name and the car was in my name.
When we said to them about nan being the guarantor and not the loan taker. they said that they cant find out because the person the dealt with the car has now left.
So the Loan with barclays is now just fully with my nan and the car is no longer working.
We end up paying the loan monthly and we lose our jobs and now nan has been harrassed by credit resource solutions for the past 2 years. and they are now threatening to take my nan to court if she doesnt pay £187 a month. we cannot afford this amount per month as its basically half of the money we get each month.
My nan is 82 years old and its making her really ill. what can i do. its all my fault because we have no proof of this guarantor thing either.
Thanks :mad:

so youve done nothing for 2 years?
what have you done about the car?

surely you have the documents you signed that show that you were the one taking out the loan, & that your relative was the guarantor?

StuTheDon

Emma - whether the loan is in your Nan's name or not is not really going to change a whole lot. Even if you can prove she was guarantor, she is still liable to being chased for the debt if you can't pay it.

Have you had the car and just not paid for it for 2 years?

Donki

I would be writing a complaint to Ford head office and straight to their UK CE if what you tell us is true, the car is under warranty no matter who the finance was taken out with. Why have you done nothing about it for 2 years, it breaking down after 2 weeks is tottally unacceptable and a company like Ford should of been doign all they could to make this up to you.

As for the loan, the money is owed and needs to be paid, as your gran was the guarantor she is liable if you cannot pay.

Brock_and_Roll

As other posters have written we first need to double check whether the original "loan" was just an unsecured personal loan (presumably from Barlcays), or whether it was secured against the car eg a hire purchase agreement.

That said, it does not matter a jot who was the borrower and who was the guarantor because at the end of the day the contract is in default. Your grandmother is either liable as the borrower or liable as the guarantor. As this is making her ill, does she have the resources to pay off the loan (and presumably knock it off any inheritance you may be in line for)?

Finally just to be clear, you bought a new car circa three years ago, there was a problem with the wiring, and as as a result of Hartwell's refusing to fix it under warranty, the car has not been used since and has almost zero on the clock - is that correct? Do you also have the car? How much would it cost to fix and how much would it be worth if sold once repaired?

This all sounds a bit odd.....

redpete

You need to treat the two problems separately.

First the refusal to fix the car under warranty. I would hope something has been sorted in the 2+ years since it happened. If not - then find out what the problem is - maybe transferring the car to your Nan's name would put it all back in order and they will repair under warranty (but still difficult to believe it's just been sitting somewhere unusable).

Second issue is the lender chasing your Nan for the payments - unfortunately that's what would happen if either she is the main named borrower OR if she is a guarantor and you as the borrower defaulted then they would go after your Nan.

its all my fault because we have no proof of this guarantor thing either.

Actually it's your fault for allowing your 80-yr old Nan become guarantor for your car loan. You and she have agreed that if you do not pay off the loan then she is liable for it.

Apples2

Have neither of you worked in the last 2 years Emma?

You are in a pickle with no simple way out. This would be the same if I bought a car with my savings and it blew up, I wouldn't be able to get my money back either. This loan still has to be repaid, if not by you, then the guarantor.

I think if you had taken the right advice at the time you may have got somewhere, especially only owning it for 2 weeks, I feel sorry for you that nobody backed you up and took this on for you.

Going to Court may be not as bad as your Nan thinks, she would definitely have to attend but if she gets her house in order first by listing what she can afford, she will only have to repay at a sensible amount per month (might even by £1 if she works it well).
Her credit file will be shot to pieces, as is yours now, so neither of you will be able to get any credit for a long time to come.

Well done to you for accepting it is your fault though, it doesn't help but shows your are a responsible adult (not many accept responsibility in your situation).

meg72

redpete wrote: »

You need to treat the two problems separately.

First the refusal to fix the car under warranty. I would hope something has been sorted in the 2+ years since it happened. If not - then find out what the problem is - maybe transferring the car to your Nan's name would put it all back in order and they will repair under warranty (but still difficult to believe it's just been sitting somewhere unusable).

Second issue is the lender chasing your Nan for the payments - unfortunately that's what would happen if either she is the main named borrower OR if she is a guarantor and you as the borrower defaulted then they would go after your Nan.



Actually it's your fault for allowing your 80-yr old Nan become guarantor for your car loan. You and she have agreed that if you do not pay off the loan then she is liable for it.

Have to agree here, if you have defaulted then they will will claim from the guarantor, you say she has been harrassed for two years,
time to start sorting it out then and give your lovely Nan some well earned peace of mind.