Removing a Default -

KSta

I have a default on my credit file (capital1), which is partially settled. I am challenging that the default notices was actually served correctly because I split up with my ex-partner and she was resturning my post to sender - This probably included the default notice. I am now trying to get captal1 to send me a copy of the default notice. Following 3 phone calls (1 every 6 weeks) I wrote directly to the MD to:
1. Obtain a confirmation letter that the debt had been partially settled and I would not be persued for the outstanding balance; and
2. To obtain a copy of the default notice, which I did not receive because I had moved to another address and my ex-partner was returning my mail to sender...

Suprisingly capital 1 sent me a £50 cheque to cover the costs of my 3 previous phone calls to obtain the letter confirming my account had been partially settled.

They also stated that they would pass my request for information (the default notice) under s78 of the CCA to the relevant department who would deal with this separately.

That department then wrote stating it would take a few weeks to gather the information.

Within a week I received a further letter from the MD's office (Executive Resposne Centre) stating that as there is no sum payable (or may become payable) s78 of CCA does not apply and they have no obligation to provide a copy of the default agreement so will be returning the £1 fee by cheque.

Any experts out there that can advise if I am still entitled to a copy of the default notice despite the account being partially settled? What are the next steps I should take? I am inclined to go back to them agsin to reiterate that I am disputing that the default notice was served and therefore require a copy of proof, stating that the account being partially settled is irrelevant. I have checked s78 of CCA and cannot see anything that states I am not entitled to info because the accound has been settled. Any help would be gratefully appreciated.

Many thanks in anticipation