Defaulted in 2006 Capital one registers this in 2009?

futuresaver2

Hi there,

I defaulted on a number of accounts in 2006 under the advice from Spectrum finance.
In 2009 when I found out I was not on a DMA but an IVA I cancelled Spectrums agreement.
Since then I have full and final settlements with 3 accounts out of 9 dealing with approx half the debt.
The only default left on my account now (6 years later) is the Capital One credit card which has AP up until 2009 when I stopped paying spectrum finance. Thing is they sold the debt to a DCA, but in 2009 bought it back which is when the default is registered.

Is this a reason for the default to be removed, because I actually defaulted in 2006?

The balance is £2,000, I am prepared to offer a full and final settlement but what would be awesome is if I had the default removed and have a clean file again.
Is this possible?

BugsyBrowne

Defaults get removed after 6 years if they are unpaid or paid.

RichL74

Yeah they wont remove it, even if you offered to pay £5000.

Anthorn

The cause of action which is the date of default which is later than the date you last paid can't be changed even if the debt is sold on multiple times, bought back or transferred to Mickey Mouse. You can try opening a dispute with the CRA but personally I think it's a case for the Financial Ombudsman.

btw if the creditor has never taken court action to recover that debt and in the last 6 years you have neither admitted the debt in writing nor made a payment, the debt is statute barred and cannot be enforced.

futuresaver2

Because it was sold to a DCA it should have defaulted, which makes me think they reposted it.

I didnt check my credit files back then though.

So the process is I first complain to capital one or equifax?

Curr946

no, you were on an AP (arrangement to pay) through the IVA until 2009. Then you stopped so you were defaulted.... you would have been better having all accounts defaulted around the same time.