If you have not already read my comment on a previous post and wish to know the circumstances around why I lost my vehicle please feel free to search for Nichols financial in the search. Or click on my profile and the link will be there.
With that said I wish to give an update while it is still fresh in my mind.
I was never late for my payment. My payment was due on 12/28/10. In my contract I have a 10 day grace period. On 12/31/10 they picked up my vehicle. I had been trying to get them to redo my loan to get the payment lower. They had done this on a previous loan. But that was turned down. They wanted the van or payment that day. I did not have the full payment and they were not willing to give me until the end of my grace period either.
Well short story is they came to pick up my van. I gave them the keys and they left.
A week later my husband got a certified letter from them. I did not get one even though I am on the loan as well. The letter stated word for word the following:
"We will sell the vehicle at public auction at St. Petersburg Auto Auction at 14950 Roosevelt Blvd. Clearwater, Fl. 33762 on 1/17/11 at 4:00 PM local time."
There was an issue with this statement. The issue is that 1/17 is a holiday. Hmm what are the chances they were going to have an auction on a holiday. Well maybe. But in this case I got the phone number to the auction house and called them on Monday 1/17 and no one answered. So I went on their website and read even more and found that they did not have any auctions scheduled that day. I called them on Thursday as that is the day that was on the schedule for Nicholas Financial to have their sale. And found that for sure they were not even open on Monday because of the holiday. And they do not even do auctions for Nicholas on Monday's. But I did find out that my vehicle was in fact sold today 1/20/11. They could not give me the price and told me to call Nicholas for that info.
So I called Nicholas and was told that they have no record of my vehicle being sold yet. I explained that I was informed at the auction house that it was in fact sold today. The lady them told me that it was not updated in their system yet and asked that I call back on Monday. Ok I will no big deal. I than asked her why I was given a different date and time for the sale. She explained that all that letter is is to tell me that legally that is when they have the right to sell it and the sale can be anytime after that date and time.
Well ok but wait a minute I legally have the right to go to the auction and witness the sale.