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Capital One, Default Removal

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Dear all,

 

I am trying to get a default removed by Capital One, that I had no knowledge of (It was my debt but had no knowledge of this default until after the event.) I first realised this when I checked a copy of my credit report.

 

I sent Capital one a letter asking for them to substantiate this with evidence and this is the paragraph i included:

 

"1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within S.78 (1) consumer credit act 1974 (S.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal orderin payment of the statutory fee (number....)

2.You must supply me with a signed true and certified copy of the original default notice.

3. Any deed of assignment if the debt was sold on."

 

Today I got a letter back, Plus a cheque for £1 saying:

 

"As you may be aware, you bought your balance to zero with a final payment of £... on the 22nd January 2009.

Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the consumer credit act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested."

I assume this means that as my balance is zero and the account is now closed then they will not provide me with this information. Is there anyway I can get around this as I don't know where to go with this now and I have to get this sorted as I am looking to buy a house early next year.

 

Many Thanks for your help, Nats :confused:

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