Well it isn't on a DD and never has been. As the other thread posted earlier above points out if they offset and make me way over limit they cant charge me for it as I haven't asked for it or authorized it they have. To use their own terms and conditions "An arrangement fee may be charged if we agree to your informal request" but of course I would have made no such request. As for the cca I am keeping that one in my hat so to speak.

thanks I have set up another bank account for this very purpose. Ive only ever had one charge on the current account apart from the standard interest a month on the overdraft which is never more than £4 so no excessive charges to go for.

I have the following situation. Have an hsbc cc which is about to go ***s up this months payment isnt going to get made nor by the look of it are any further ones and it is already maxed. I also have a hsbc current account which is overdrawn (agreed amount) to the max also and is likely to remain so for the foreseeable future (things are bad!!) My question is will I wake up one day to find myself £xxxx more overdrawn because they have offset the cc with the current account even though there is nothing in it? Can they actually offset with their own money? Of course a unauthorized overdraft would attract a much higher interest rate. Anybody got any ideas about this issue?

It should state in your terms and conditions booklet how your rate is set but will use a term product margin which is likely to vary on individual circumstances. I suspect that many firms will try on higher rates if they can get away with it with the "well thats what our standard svr is".

Would agree with bona about the negative equity. Kensington will have done their usual rush to repossess as these tossers always do. No doubt they will still be hounding the original owner for the debt but now want you to pay for them!! unbelievable. You may be able to turn the tables on these sharks I suppose you could apply for an order of sale but you might end up with less or nothing and would cost. Alternatively why not ask them to discharge YOUR debt after all if they are going to sell which clearly they will want to their solicitors will need to obtain free title to the property so they will be forced to pay you .

I don't think that letting them put a charge on would be a very good idea! The charge is against the property not a person and would probably be quite expensive and difficult to remove once there. However as it is only as far as an interim order there would have to be a hearing for a full (final) order that you would NEED to attend where you would be able to show that you are not the correct person. Furthermore as capquest has notified you that they were not going to proceed yet this H&L are going for a second order straight after the 1st one was thrown out could well be construed as an abuse of process and a judge would not look very kindly on it to say the least

DWP pay interest I think based on the BoE rate plus a percentage (I think its 1.45%). I assume a kensington mortgage will be based on LIBOR +whatever hence the discrepancy. In fact the recent base cut will screw alot of people unless the LIBOR rate falls will save the government plenty though.

A capstone (SPML) contract can have the payment date changed its in their own terms and conditions section C 6 .

with regard to changing the payment date you certainly should be able to. If you have the same terms and conditions as me look in section C changing the payment date.Section 6 "The borrower may request a change in the payment date by sending the company a signed request in writing which the company receives at least 21 days before the next Payment date" There is a bit more about adjusting interest for the date change etc but it can be done.

Just had one of these applied for £17, (just had a fee of £18 refunded, am sure that didn't say arrangement fee just with 1 phone call to hsbc they didn't even quibble gave me it back straight away. I only add that as I suspect getting this second fee refunded wont be so easy!!). I have read the terms and conditions and viewed on the website which incidentally is more specific about the timelines regarding these charges. It doesn't state what these charges oh sorry arrangement fees are it would seem however that at least in my case they are just under the amount over the overdraft limit that is I was 17.63 over and in the case of the refunded charges 18. something over maybe other people could confirm this to be the case.

Not really means more likely to repossess as soon as they can

Hi please don't think I am been rude because I certainly am not been. But it would appear from what you have posted you are not a relative to the deceased so (unless you were married) I don't see how you will be granted probate when somebody dies intestate (i.e no will) any estate goes to the nearest living blood relative(s) and if none can be found the estate goes to the crown. See the bbc program heir hunters. If I have misinterpreted your thread I apologize.

So a guy turns up asking for proof you dont owe them any money. Maybe I should randomly knock on people's doors and ask for proof they don't owe me any money! Seems effectively what this guy was doing.

Have had a reply today from our friends at Aktiv. We refer to your correspondence dated 8th november 2007 of which the contents have been noted. We have closed the above account and we can confirm that we will not contact you in regards to this matter again. There is a bit more but that is the crux of it. I think saying I would elevate it to their own trade body if they didn't p*** off might have done the trick nicely. A satisfactory result for a Saturday.

Chances of them turning up pretty much nil, it a standard letter designed to scare

I have after a fashion. If you visit Aktiv Kapital - Aktiv Kapital it has a link to the credit services association code of practice of which they are a member. So I have written the following letter With regards to your correspondence from your company concerning the above account. I wish an explanation as why you are harassing me about an alleged debt that is statute barred.(. I refer you to my letter of July 2005.) As members of the credit service association I am sure you will be aware that under the csa code of practice 4j “Not falsely imply by written or verbal means that criminal proceedings will be brought, nor that civil action has or will be instituted where members are unable to do so due to legal restrictions (e.g. bankruptcy under £750, statute barred).” It would seem that the implication of your first letter would seem to fall foul of this as it mentions consulting your solicitors about further action when you are well aware that such action is in fact unavailable to yourselves. Furthermore “Aktiv Kapital are here for the long term, we will not look to write off your debt and we will continue to make contact in order that the outstanding balance is cleared” clearly falls foul of the OFT guidelines regarding any attempted collection of any such alleged debt of this nature by yourselves, indeed I would go further and consider that this constitutes harassment of myself and once again well outside the confines of the OFT guidelines. I request a rapid satisfactory reply to this letter personally fromyourself (as the nominated person listed on the csa website who deals with such matters. If I do not receive a reply in a reasonable time, or I do not consider the reply adequate or satisfactory I will be forced to elevate my complaint to the credit services association via the procedure detailed on their website. Have a read of their code of practice makes interesting reading. On the member list you can get the exact name of who to complain to at aktiv and even his phone number!

I too have had the letter quoted by vagabond_uk. I got a new one today You have chosen to ignore our previous letter. As explained in the previous letter there is no legislation that precludes a creditor from legitimately requesting payment of a debt, which remains outstanding and due. Aktiv Kapital are here for the long term, we will not look to write off your debt and we will continue to make contact in order that the outstanding balance is cleared. It then goes on with the usual blah about paying it etc. The debt is statute barred as I told them back in 2005 so I aint bothered but surely as pointed out above saying you are not going to give up chasing a debt that is legally unenforceable must surely constitute harassment ? I wonder what the next letter in a fortnight will say? if they still have a valid consumer credit license by then considering some of these posts.

These people must be trying to think of new bull to send to people. I have just had a letter off them the last time I had any contact with them was when I sent them the following in july 2005 I write in response to your recent letter (14th July 2005) regarding the above account which you claim is owed by myself. I would like to remind you that under the Limitation Act 1980: “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” There has been no acknowledgement or part-payment of this debt for at least a 6 year period and unless you can provide evidence of payment from myself in the relevant period under Section 5 of the Limitation Act, it would be reasonable to suggest that you are no longer able to take any action against me to recover the alleged amount claimed. I consider that this matter is now closed and I look forward to your written confirmation that no further contact will be made by yourself in respect of this account. Then the other day get this We refer to your recent communication in respect of the above account. Your reference to the statute of Limitations is not relevant. We do of course understand statute but debtors and their advisors very often misinterpret it. We have never advised that we will use litigation as a means to collect what is due, hence it is repeated that reference to the act is not relevant. There is no legislation that precludes a creditor from legitimately requesting payment of a debt, which remains outstanding and due. Indeed we could argue that any debtor who recognises that such a debt exists has a moral obligation to address his responsibility. A bank or finance house has provided a credit facility, consequently it is up to that customer to honour his obligations.. The original creditor has confirmed there is an outstanding balance of xxxx. If you believe the account has been fully repaid would you please provide evidence of such repayment perhaps by way of a receipt or a paid in full letter. If it is the case that you have simply overlooked this account because of its age, we are prepared to be constructive and apply a significant discount rather than consulting with our solicitors about potential further action. It then goes on to oh so kindly offer me 50% off as a full settlement within 28 days blah blah.