I have had a Capital One credit card for a few years now, and each year they pull something shady to try to get some extra money out of me. Last year they didn't process the electronic payment I made until 6 days after it was due, causing me $80 in charges (which I DID manage to get removed...turns out Capital One doesn't like the FCC or Attorney General!). This year, they have, for the first time since I've had my card, posted a $39 "membership fee" on my account. When I called and questioned this, customer service told me that it was in my contract. I asked for a copy of the contract and was told that they would send it, and it would take about 30 days to get to me. 30 Days?! I said no, that was unacceptable, and asked for them to fax it to me. He said "Okay. That should be processed in the next 20 days and it takes 10 days to send out". 30 days to FAX a copy? I'm confused. They, apparently, are able to look at my contract right at the moment I'm questioning this sudden fee, but I can't have a copy for at least 30 days?
Well, I received my fax today. This is what the cover letter said (at least this is the portion I am concerned with):
"Thank you for contacting us about your Capital One account. We're happy to provide a sample copy of the original terms you requested..." A SAMPLE copy of the original terms? I'm confused again. How does that help me at all to send a sample made out to Tabatha Jackson at 15000 Capital One Drive? How does that prove that this is the same contract I entered in to? The letter doesn't have much more information other than I can call customer service if I have any additional questions....
So, my question is, how can I obtain a copy of MY original contract with them? Do they have to provide that when asked? I sent them a certified letter asking for the charge to be removed from my account until they could prove that it's on my contract, but know from past dealings with them that I am still going to end up having to pay the finance charges for this if I don't just pay it. Any advice on what step to take next would be helpful.

