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Realistic

Help with obtaining Credit Agreement from Capital One

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Hello, I am new to this forum and would appreciate any advice regarding the reply I have received from Capital One

 

I requested a copy of my original agreement on 14/05/09 and received a reply which was Terms of your Capital One Credit Card Agreement which shows my current terms.

 

I replied advising I was dissatisfied and I have received the following reply

 

Dear XXXXXXX

 

Account No: xxxx xxxx xxxx xxxx

 

Thank you for writing back to me about your request for us to provide you with a true copy of your credit agreement.

 

As I've already explained, in accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, we've provided you with a copy of your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature were omitted from the copy provided as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983.

 

You clearly have a valid and enforceable credit agreement with Capital One, as evidenced by the documents sent to you and any claim to the contrary will be strongly defended.

 

Your account status remains behind with payment and the balance currently due and payable is xxxx

 

It is important that you maintain payments as your account balance consists of transactions that you have made. Failure to do this may result in negative information being recorded on your credit file, which may affect your ability to gain credit in the future.

 

You have asked us to cease processing any data in relation to your account. Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you consented to the processing of your data by signing your credit card agreement. The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement.

 

The Information Commissioner has confirmed that it is appropriate for lenders to share information about customer's accounts with the credit reference agencies. Also, that it is appropriate for the credit reference agencies to retain this data for six years after the account was last active.

 

I can confirm, that the information we have recorded with the credit reference agencies is an accurate reflection of the way you have managed your account and we will not be asking the credit reference agencies to remove this information.

 

We will continue to pursue the outstanding debt and do not consider this account to be in dispute, therefore remind you that you are bound by the terms and conditions of your credit agreement and are obliged to maintain payments and repay your outstanding balance. If proceedings were commenced on you, on the basis that there is no enforceable agreement between us, we would strongly defend this.

 

Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. Their contact details are in our complaints leaflet, which I have included in this letter.

 

Yours sincerely

 

 

xxxx

Executive Office Manager

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Hi Realistic,

 

Welcome to the Consumer Action Group :)

 

I would suggest that you now send this letter :-

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

Hope this helps.

 

Lex


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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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