I am a bit confused now, does this mean that I can't VT because its close finance?

It is with close finance

Thanks for the reply. What proof of servicing will they need, and what do you think constitutes fair wear and tear?

I took a 4 or 5 year finance agreement on my car which ends a year in august. I cannot pay this and I am now getting into debt to make the payments. I have read that you can voluntary terminate the agreement after half the payments have been made. I'm just pretty sure it can't be that easy??? I do not want the car, I owe about 3600 and its worth approx 5000. I have no assets. Whats the worst that could happen to me? Thanks

Is there any consumer redress with regard to vehicle parts? OH runs a chrysler grand voyager on which the selector cable snapped leaving it stuck in park. Managed to get it into drive and get it to the mechanic. The (dealer) part was ordered, (weds) and told it would come next day delivery, which should have been Friday as the daily deadline was passed. Got to friday pm, rang and was told that it hadn't come. Waited until monday and then was told there was no stock so it was coming from Italy, so would be here wednesday. Not happy as OH is disabled and cannot do her job or get about without transport so had already lost a weeks work. Waited until wednesday and phone mechanic. He has been told by dealer its still on the way from Italy. Same Thursday. Phone today and it has been delivered but it is the wrong part!!!!!!!! Despite been told from the start the vehicle is a grand voyager, they had delivered the part for a grand cherokee. We did have one of these before but it was sols about 5/6 years ago. They told mechanic the correct part would definately be here Monday. I have just phoned to check and they told me the correct part is not in stock and needs to come from Italy and will now not be here until next Thursday!!! Am furious, what a c@@k up. This is now gonna cost 2 weeks earnings and another week of her being housebound due to nothing other than incompetence. Is there anything I can do about this? Thanks.

No, Andy, went for Yorkshire Building Society, thank heavens!!! I think the inferation was that they were weeding out the accounts???

Strange, went into branch to get the tax credit payments, (took over an hour) and was told by one of the staff that halifax and Lloyds are splitting and the cooperative bank taking over some of their business????

To be honest its probably a good thing, kick up the bum so to speak. Just need to pay off the OD gradually now. Seems like all the banks are the same now, business first customers last!!!

Result - decided to phone first and quote a few legalities at them. Didn't need to they've agreed that if I go into branch tomorrow I can withdraw all my tax credits. New account opened, as I said, all dds and sos cancelled. Changed bank details with tax credits and can start re-instating all my other payments. Now will wait for Halifax to demand repayment of the overdraft!!! Thanks again Andy

thanks Andy. I have opened another account today and cancelled all my SOs and DDs. I really could do with getting my tax credits back though.

Thank you very much Andy

I have drafted the letter below and would be grateful if anyone more articulate than me could check it out. Any suggeastions for improvement gratefully recieved!!! Thank you. I am writing to complain about your treatment of me as a long term customer in light of my recent financial difficulty, which was communicated to your customer services representative on 11th February 2013. I am a self-employed driver and I have had an account with you for many years. I had a £2000 overdraft that I reduced to £1990 when you restructured your charges late last year. My car broke down on 1st Feb and due to various errors in parts delivery by the Royal Mail, and other factors beyond my control I was without it for a whole week, therefore could not work, so did not earn anything. I Knew my car finance payment was due on 12th so went in branch yesterday to pay in £200 to cover the payment. When I got home I tried to put some credit on my phone and my card details were not accepted. I went online to check my account, and it was then that I noticed my OD limit was reduced to zero, and that a tax credit payment had been paid in and my available balance was zero. I phoned immediately and was told that apparently you did a review on my account, and that you found something on my credit file. I have applied for the 3 usual statutory files, and the one I have so far has nothing adverse on it. I spent an hour and a half on the phone to your CA explaining that I will not be able to work now, and therefore will earn nothing, but your CA said that I can still run my account and pay off the OD. How can I run my account if no bills are going to be paid? Also how am I expected to live when you are taking not only my earnings but also my tax credit payments? My complaint is, therefore, that I have been treated unfairly under the Banking Conduct of Business regulations, which states that it is unreasonable for the bank to make unexplained peremptory withdrawal of overdraft facilities - the length of time that the account or overdraft has been in place being highly relevant - especially in respect of small businesses. That I have not been treated fairly and I also assert that my tax credit payment should not have been withheld under the rules relating to ‘appropriation’, specifically:- BCOBS 5.1.3A To ensure compliance with its obligations under BCOBS 5.1.1 R and Principle 6, on any occasion where it proposes to exercise a right of set-off, a firm (other than a credit union) should, with respect to its dealings with consumers: (ii) the consumer has received that money from a government department, local authority or NHS direct payment body for a specific purpose or is under a legal obligation to a third party to retain and deal with that money in a particular way. BCOBS 5.1.3B (1) 2If it becomes apparent to a firm after it has exercised a right of set-off that it has set off or combined a debt due from, or a debit balance on an account held by, a consumer against or with: (a) the consumer's subsistence balance; or (b) money payable by the firm to the consumer, or standing to the credit of the consumerin an account held with the firm, that falls within BCOBS 5.1.3AG (2)(b)(i) or (ii); the firm should refund to the consumer the sum debited from the account of the consumer in exercise of the right of set-off unless it is fair not to do so. BCOBS 5.1.4 Dealings with customers in financial difficulty Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is infinancial difficulty.

OK, been reading up on this. Basically I'm a self employed driver and I have had an account with Halifax for years. I had a £2000 overdraft which I reduced to £1990 when they restructured their charges late last year. I am never in the black but usually keep below my OD limit to varying degrees. My car broke down on 1st Feb and due to various cock ups in parts delivery by the Royal Mail, and other factors beyond my control I was without it for a whole week, therefor could not work. I Knew my car finance payment was due on 12th so went in branch yesterday to pay in to cover the payment. When I got home I tried to put some credit on my phone and it wouldnt accept my card. I went online and it was then that I noticed my OD limit was reduced to zero, and that a tax credit payment had been paid in and my available balance was zero. I phoned immediately and was told that apparantly they did a review and there was something on my credit file. I Have applied for the 3 statutory files and the one I have so far has nothing adverse on it. I spent an hour and a half on the phone to them explaining that if they do this I will not be able to work but they said I can still run my account and pay off the OD. How can I run my account if they won"t pay any of my bills? How can I live when they are taking my tax credit? I have been reading through threads on here, and wondered if this comes under BCOBS as on a thread I have read it says "• unexplained peremptory withdrawal of overdraft facilities - once again, the length of time that the account or overdraft has been in place is highly relevant - especially in respect of small businesses" (http://www.consumeractiongroup.co.uk/forum/content.php?827-Examples-of-unfair-treament) I was wondering if I should ring and quote this to them, and if anyone could point me to the section of BCOBS that refers to this. Also can I quote 'appropriation' in regards to the tax benefits? Thanks.

Hi I am self employed, and frequently use my overdraft. I had a tax credit payment paid in, and paid 200 cash in to cover a direct debit, and they have taken it from the overdraft so my available credit is zero. I am at my wits end, don't know what to do.

so these are NOT appropriate for debt claims? a) is there any advantage to the defendant in accepting one? b) Is it compulsory to accept one or what would happen if you didn't? c} would it go against you in court? "A Tomlin order is neither necessary nor appropriate where the settlement simply involves the payment of money, whether by one party to another, or out of court, or to the Compensation Recovery Unit. There is no reason why a court order should not record a payment as being in full and final settlement of any cause of action the parties or either of them may have against one another arising from the accident which is the subject of the claim."

unfortunately I cant find mention of what affect it would have on your credit file, and seems to favour the claimant. Also I have been told that if it is not accepted they will probably proceed to CCJ and follow that up with Enforcement action which could include Bailiffs. But the Tomlin order would mean no immediate enforcement action. How can they do this if it was preferred by the defendant to go to court and let the judge make the decision without all the conditions of the tomlin order? Is this optiontaken away by the order? I'm really confused now.

Can anyone give me any info on these please? What, if any would be the advantages/disadvantages of accepting one? Does the default get removed from your credit file, as you would no longer be in default if you are paying? If not then you might as well go to court?

You can opt to stop using the card and pay it off at the current rate. Does it not say that on your statement? It usually does, but if I am correct you only have so long to do it in. Try searching rate jacking, its a common practise I'm afraid. Someone more knowledgable should be along soon to confirm or correct the above.

Hi a last ditch attempt for some advice if anyone could help.

Yes thats the one.

Hi, thanks for the links. GH2008 said that mine was not wasted costs and that I could claim on an indemnity basis. Just wondered what this entailed as I'm not sure of the difference in wasted costs and the alternative.

Hi the claimant discontinued and costs were claimed as it was on the fast-track. The claimant refused to pay so the court form was sent. They have still refused payment and say they will ask for full proof of all hours of research in court. I had been advised previously that I could claim on 'an indemnity basis' but am not sure how this works. I would be grateful if anyone could advise me what to do next. Thanks.

Thank you very much for that, I was just about giving up hope. As I am away for a week I thought I might send a similar letter as quoted to show my reasonableness , and give me some breathing space? Does that sound reasonable?

Anyone - please?

Times up tomorrow, any advice - please???