Hi folks, I am looking for any advice you can give me. I requested a copy of my agreement from Capital One last year. To cut a long story short - I have SAR them and since received the info ( after about 8 months of waiting!!) They only have a copy of the short application form, and although don't appear to be chasing me for the money, they have listed my account as in default with the credit reference agencies. This came to light when I applied for a mortgage. The latest letter I have received from them states the following :- That they do not retain the original agreement but only scan a portion of it with my signature!!! The default amount was for the total i ncluding addditional charges which were for being in default - I believe this to be incorrect as I thought they could only raise the default for the balance on my account, excluding this. They appear to have totally ignored this point on their latest reply. Also they have stated that they will not enter into any further correspondence. Part of my gripe was that they raised the default while I was attempting to obtain the SAR from them(which they delayed for several months, requesting proof of signature). Can anyone advise where I go from here? They don't appear to be pursuing the debt but I am very concerned about the default notice - anything I can do??? Any help would be most appreciated.

Hi folks, I am looking for any advice you can give me. I requested a copy of my agreement from Capital One last year. To cut a long story short - I have SAR them and since received the info ( after about 8 months of waiting!!) They only have a copy of the short application form, and although don't appear to be chasing me for the money, they have listed my account as in default with the credit reference agencies. This came to light when I applied for a mortgage. The latest letter I have received from them states the following :- That they do not retain the original agreement but only scan a portion of it with my signature!!! The default amount was for the total including addditional charges which were for being in default - I believe this to be incorrect as I thought they could only raise the default for the balance on my account, excluding this. They appear to have totally ignored this point on their latest reply. Also they have stated that they will not enter into any further correspondence. Part of my gripe was that they raised the default while I was attempting to obtain the SAR from them(which they delayed for several months, requesting proof of signature). Can anyone advise where I go from here? They don't appear to be pursuing the debt but I am very concerned about the default notice - anything I can do??? Any help would be most appreciated.

I am thinking about making Capital One an offer to settle- on the condition that they change my account status as settled and get the default removed. Does anyone know if this is possible, and if so, should I make the offer by phone or in writing?

Hi its about £10k - probably have to look at settling it as they have got me cornered as now I won't get any credit!

Ok thanks, will get a hold of my credit file and see what's to be done

Yes I believe it is unenforceable. The original application form is what they sent as my agreement, which was basically just a short application form, no terms & conditions etc. I am trying to get a mortgage and when I spoke with my bank they said I couldn't get a mortgage due to my credit rating, they said it was something to do with Capital One. I am trying to buy my parents house, which I live in with my family too, therefore thought if I made them an offer then I may get my credit rating sorted. I have no other accounts which are behind or in dispute so I cannot see how anything else would be adversely affecting it?

Hi folks, have been having an on-going dispute with Capital One. I subject access request them last december and since then have had numerous letters saying they needed my signature then saying they needed proof of signature. Eventually, having sent copy of my passport they sent the requested information. Where do I go from here? All the debt collection agencies they tried using then refused to deal with because it was in dispute. So its me against Capital One! They have now advised the credit reference agencies and I am now unable to get credit. What can I do? Is is worth making them an offer? Or will they simply want the full balance paid? Advice would be greatly appreciated.

Hi folks, I have now sent 4 Subject Access Requests to Capital One, they cashed the cheque for this in January 2010. They kept asking for a signature on the letter, on advice of one of the members here, I sent it with a digital signature. I have only received a copy of my original short application form and then eventually a separate typed terms and conditions which did not refer to the application/agreement etc. I am now being hassled by a debt collection agency who say that Capital One are getting the information to me but still no sign. The debt collection agency now say they will see me in court. Can I do anything about them not providing me with the information on the Subject Access Request and can where do I go from here? Any ideas?

Thanks, wasn't sure if they can use the fact that I didnt sign the letter as a way of getting out of the Subject Access Request. I guess I just keep asking for it and see what happens???

I have credit card with Capital One, I asked for copy of agreement and received a copy of my original short application form, after a 2nd request, I received the same copy of my original short application form ( no terms and conditions). After a third request, I then received the same short application form along with a separate terms & conditions which contained no reference to the application or agreement. I have since sent a subject access request for which the time was up on 31st January and I received a letter from them yesterday saying they could not comply withmy request because I had not signed the letter. I believed that I should not sign the letter in case of any misuse of this signature by them. Can anyone help - should I send the letter with my signature? Are they in breach if they do not send me the information and if so,what is the next step?