Cool, has anyone got any other idea on what my situation is??? Can they make the rules on this one???

I studied in University from 2007 to 2010. I banked with HSBC. I had an overdraft of £1000. For most of the 3 years I was well into my overdraft. On the odd occasion I went over the agreed £1000. Hitting £1090 at the most but always brought this back to under £1000 (£990 etc). And of course the sun always come out when I got the loans through 3 times a year. Now I have finished UNI and as some of you may know from previous forums, I set up my own business. This means I have not been able to pay nothing back into my HSBC account. So they canceled my overdraft about 6 months ago and they called the other day to say that basically I need to pay into my account. They (HSBC) used to call a lot. But it was their automated phone call, where a ROBOT asks you if you are the person they are calling!! As soon as I heard this I hang up, I am not talking to a robot, dehumanizing me and degrading me!! I said I would agree but could only afford a sum of about £20 a month. They (or he) said this was not acceptable and I had to make a minimum of £100 per month to bring it back down to £700. Then at £700 it 'shows' that I am at least trying to make an effort. So basically there was an agreement to pay a minimum of £100 FOR 3 MONTHS then we can discuss how we can resolve this. I thought I would put this on here to see if basically, they are in their right to demand this. I have made an offer which would have seen me comfortable. I am self employed and as such I don't even take a wage home, I basically use what I can to get by. Are they in their right or do they have to consider my income a little bit more.. The next agreed payment is by 7th October. Please advise guys..

Well they have not got back to me yet, on the letter I did state to please call me so we can make arrangements. And then I would probably give them (Harlands) my new address etc. At the end of the day I know I am to pay this £95, it is in the contract, that is fair. I am still a member of the gym (of which I need to go back). Should I call them to see if they have received???

Do I get this in writing from Harlands before I make any payment???

I have this sent today with proof of postage..... I have basically said to Harlands to contact me on my mobile so we can finally settle this. Can I just ask, are Harlands obliged to accept a payment plan or can they 'demand' all is paid in full??? Let's see what happens....

Thanks, I will send this today. I'll call Harlands and get the proper address. Should this be recorded delivery???

Thank you for your reply. I have had a read yeah, in other areas of the forum as well.. Just one or two questions. I'm a little worried about giving my new address out. I know you say I have nothing to worry about but it would be one less thought off my mind if they didn't know where I lived. And I have read that the number one rule is only communicate through writing! So if you say I only owe what I signed up for (which is now £95 after I spoke with someone at Harlands), how do I go about paying this. I have rang the gym and spoke with the person who deals with the money side of things and she has said she can not accept the £95 because if she did CRS would only come chase her. Is there any legal jargon I can use on the gym to say that she has to accept my offer (surly if these added fees by people (monsters) like CRS are none existent then she surly should take it? Or what about Harlands, should I try ring them (again only getting this through writing) and ask them to accept the payment? You say that 'CRS don't own the debt at this stage', if they did own the debt could they then add fees, or can they not add fees at any stage? Are there any legal jargon I can throw at them to say (either the gym or harlands) you must accept my offer of payment? Thanks for your time. Mr K.

Just an update.. Harlands are a finance comany acting on behalf of the gym..... I owed the gym 95 and as i didnt pay they sold to CRS and they have added 65 charges on... They are asking for £161... I have been told that all I actually owe is £95 (I am willing to pay this).... Can someone advise how I can go about just paying the £95 and not the CRS fees...

I will try to outline this very simply. I had a call from text message from CRS this morning 'Please call CRS imiediately... etc' ... I called them and asked who they where and what it was regarding. It was an outstanding balance of £161 for a gym membership. I remember full well the gym membership. I started my own business and after a hard few months could not pay the monthly fee of £10 (hard times). So I cancelled the monthly membership but obviously I was in a 12 month contract with the gym and also Harlands group (not sure if these are a DCA - I think they work on behalf of the gym?) So harlands call to ask that I pay this rigth away and I think I made a few payments. I moved hosue and still runnign my own business have totally forgot about this. And then this morning I get the txt. I called CRS rto ask what it wa all about and just for this forst call I played dumb and said I did not know about it and I will have to look into it. My friend knows a little about this and he mentioned somethign about as long as I don't enter a contract with them I am safe for the mean while. Admittedly I do owe the gym fees as I entered a 12 month contract fair enough. But CRS have added about 100 onto this. Can someone please advise me what I can do in this instance? I have called the gym and said 'look, ill pay the remainder of the gym fees but they even said that harlands have sold the debt onto CRS. Can someone please clarify what I can do?? I can not afford £161 payment (and certainly am not being raped by these horrible companies when I am kind of struggling as it is. I have been here before and know that they prey on fear, I allowed them to do this once and will not allow them to do it again, I am trying to build my life and myn business. Last thing I need is this. Can someone please advise??? What my best action would be? Thank you.. Mr K.

So definitely become a ltd now...?? And that will make all my stock as ltd assets? Which means that they can not empty the shop if I miss a payment.?? Update on this morning...... I have spoke to a lot of people this mornign and this afternoon. - citizens advice - Guy I spoke to was very chilled about ti. He wasn't too helpfull, about the beast thing he done was give me a number for a business specific number to call. he was just saying dont worry about it, everythign will be ok, they can't do ****. etc etc.. - Business specific number - Not sure what they were called but they gave some good advice. they mentioned the n244 form, again and they said what I needed to do was to send this off to the court as soon as possible to stop marsdens from taking action. The £75 fee is just not right but hey. They also said that marsdens can not do anything when that form has been processed.. I then rang the court in walsal to ask about this form and how to pay the £75. Long story short after about a 20 minute phone call, she said why dont you just speak with the solicitors or marsdens to try to come to a payment plan, as thats alll youll be doing with the judge anyway. I rang the solicitor and he sais that he will be expecting the writ of fifa anytime soon and as soon as he gets that he will send it to marsdens. He would not help me out as he said he is acting on behalf of the client . No help there. He said if i wanted to write in and make an offer, he would then pass it onto the client and see if they would accept. He said i could fax or email it so have just emailed now. I'm hoping that they accept my offer of payment, I have written a good letter and am now just waiting for a reply off the solicitors. This whole system is such a con and a mess. i feel like such a small helpless part in somethign way out of my control and its a horrible feeling. There really isn't anyone out there to help. Well I mean here is a great place and I have spoke to some good people who have been helpful, but at the end of the day, marsdens are like a nasty pack of wild docgs barking on chains..... my only problem is that soon their chains could be cut free!! Wish me luck... Oh I know someone said they can't but can bailiffs force entry on a house or not.... and how vigilent should I be when answwerinf the door? ** just called the solicitors now who have said they got my email with the letter and they will be sending it onto the client. He said he has put my file to the back of the files so that is good at least).

Great advice thanks.. I am a sole trader, but can i set up as a ltd and evade this problem???? I have rang marstons and they said their first port of call would be to send out an officer to come and try make an arrangement to pay.... i asked if any fees involved and they said no... not on the first call... I am just worried about all the charges they out on.. By the way it is linked to my home address as the brand/company sent goods there first.. I am just off to Ciotizins advice right now.... I will look into this paperwork also today....

Hello. Site looks like could be some help. I have been running my own clothing shop for 8 months now and had a bit of money saved up when i opened and spent a lot of it on stock (wish i hadn't now). I got some stock on credit - but was unable to pay the invoice come 30 days when it was due. There was a few invoices that went unpaid. However, one has esculated and been sent to the courts... and a judgement has been made against me. I managed to speak to all parties involved (solicitor of the company, the courts, the enforement officers (MARSTONS) and the company themselves). Basically they sent out a letter which i did not receive asking what i intend to pay, however I did not receive this. So now the solicitor said that a judgement has been made and a bailif will be round to my house anytime soon. I don't really have anything of any value (my house mate does though - tv, hi fi, ipod etc). I have a few items like ipod and record collection, bike). I a not even taking a wage at the minute, because business is very slow. I have rang a few solicitors but none of them can give much advice. A few have. I am going to citizens advice tomorrow morning. Obviously I owe this money and want to pay it off.... but it is all these charges that make this a big problem.... silly charges like 75 pound to apply to make a payment (if i want to make an offer of payment, in writing, i have to pay 75 pound), also chrges when the enforcement officer comes roud and all the other charges. The probem is I am not earning any money other than the money make in the shop, but this is not even enough to pay my rent on my house, sometimes I am working in other jobs like promoting for bars and clubs of a night but this is hardly any money. The amount of stress is too much, it's like a pit and these horrible people could just not care less.... honestly what am i supposed to do? Please can anyone help with a good answer??