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Unenforceable Credit agreements

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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.

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Thread moved to General Debt Issues.

Anthrax alert at debt collectors caused by box of doughnuts


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Welcome to The Consumer Action Group.



I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.


Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.



Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.


It can be bit confusing at first.

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