Long standing debts and defaults

[1966PH]

Hi All... I hope you can help... I'll try to make this as short as possible.

 

I was a victim of the financial crash.. the business I was in suffered massively and as a result, in 2010, my income reduced by almost 90%.

 

I made arrangements with all my creditors when I could see this on the horizon (totalling around £100k) which have been in place ever since. The arrangements reflected my reduced earnings and most reduced to around 10% of the normal payment with the interest frozen.

 

Most of my creditors subsequently registered defaults against me.. some quite soon after the start of the problems, some a few years later... which, now we are 8 years down the line, is great... a lot have dropped off my credit file and a few have only a short time to go until they do... BUT... i have 2 creditors, Nothern Rock (as was) and Nat west Bank, who refuse to register a default.. they just show late payments every month even though I am thousands in arrears and show as 6+ on my credit reports..

 

My question is, should they have registered defaults many years ago or can they effectively keep on punishing me, which will ultimately be, for the rest of my life, for an event out of my control?

 

My business will never return to its former glory so I will never be in a position to clear these two debts in full. If I had declared myself bankrupt when the crap hit the fan, this would have been done and dusted many years ago and I would be pretty much back to normal but because I chose to do (what I thought) was the right thing and keep paying my creditors.

 

Would the FOS agree that defaults should have been registered all those years ago or can nat west and Northern Rock keep causing me problems (and they are now becoming quite significant as I need to be credit checked for my work and for business accounts)

 

Any help gratefully accepted

 

Thanks

H

[dx100uk]

either stop paying till they register the default. then resume

or write and give them 14 days to register one at the correct date [after the 3rd missed/short payment]

else you'll open a serious complaint with the ICO and seek financial compensation.

 

the ICO guidelines at the time sais 3-6mts

[1966PH]

Thanks for that.. Don't have the option to stop paying as I have to be seen as fit and proper in my job (financial services) currently on enhanced financial monitoring due to the historic issues and have to be seen to be making payments under any agreements

[dx100uk]

you have checked all these debts are enforceable esp if you are paying DCA's

 

and I hope you've reclaimed all the PPI/insurances you've been spoofed out of esp on big/secured loans?

[1966PH]

Ppi sorted.. Haven't checked if the debts are enforcable, most of them have been with dca's for years now!?!?

 

Have had a look at the ico 'principles of reporting debt' and think I can see a hurdle.

 

Looks like I've shot myself in the foot by making arrangements with the lenders all those years ago...

 

The principles state that a default wouldn't be registered under those circumstances so I may not be able to argue that it should have happened all those years ago...

 

Any thoughts?

[dx100uk]

are you using the old principles or the new ones

the old principles stated 3-6mts

the new ones now make no mention

IMHO its worth a shot.

 

as for the debts with DCA's

pers i'd be sending a CCA request to each one.

 

no CCA = no pay.