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Mrs NC

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  • Mrs NC

    Hi,

    I will try and keep this short
    in 2017 we went to main dealer Nissan to purchase a car. Unfortunately we didn’t have good credit, Nissan suggested putting the finance into someone else’s name which we did. In mother’s name.
    the logbook and vehicle handover form all signed by myself not mother. Dealership were well aware of this.
    a year later my mother moved back to her home country Portugal and so contacted the finance company she explained and they stated that they couldn’t transfer to my name so she offered to return the car at this stage they said ok that’s fine your son can keep it and provided details to make bank transfer or standing order for the payments.
    a year later my bank had an issue I switched banks and asked for the details again. Initially they wouldn’t speak to me, but once I explained they gave me the details to make the payments
    thwn just under a year later covid hit and I missed two payments I tried contacting many times but they refused to speak to me despite me explaining I had been paying for the past two yeara
    i then resumed payments, few months after received a letter stating I was in wrongful possession of the car, and then a knock at the door to surrender the car
    again I contacted to explain, but refused to speak to me. I have paid £9000 of the £14000 agreement só refused to hand the car over.
    solicitor on there end became involved and demanded I return the car. I thoroughly explained to which they stated they were only aware of the move to Portugal when I phoned a year ago (not two years ago when mother called they said she said she was thinking about it and not doing it)
    I requested the call recordings so they put it on hold whilst they did this. They then contacted me offering me to keep the car but increase my payments by £170 a month which I declined.
    I have stated I will return the car if they refund the payments they said I was not allowed to make from my account and was in wrongful possession after there team advising me I could pay and keep the car, surprisingly they won’t share the calls or the content so I have made a subject access request. (They previously said they were getting them and didn’t inform me to make a request to the finance company but since me mentioning this have said I would need to request so I have) they have said they will apply to court unless I sign a voluntary surrender which also states I would be liable for the remaining balance.
    I can’t afford legal help right now and also can’t really afford to loose the car and the 9k I have already paid towards it. If I do under the grounds that I legally shouldn’t have it how is it fair to then charge me for the remanining finance if the whole reason they are taking it is because they say I shouldn’t have it ?
    Tags: None

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