Help please. Got Letter back (Consumer act 1974 doesn't apply) - What next?

chrisjoanne

too many mse member spies

fluffyboots

Thanks for the positive update I have a few more to deal wit so this is good news!!

dunstonh

I've sent off the standard request for terms and conditions (consumer credit act 1974 section 78) along with a claims form and I've had a letter stating because the loan/credit card is "no longer open" they aren't required to follow up this claim.

You sent the wrong letter. The CCA only applies to open accounts/debts outstanding. Not those repaid. If you looking for data then you need to do a data subject access request which costs £10.

What should my next letter contain or should I just send all relevant paperwork to the financial ombudsman.

You cannot go to the FOS. You have to make your complaint to the firm first and give them a chance to answer.

The family member can prove (through bank statements etc) that PPI was taken (but he hasn't got any terms paperwork).

1 - why are you asking for the agreement then?
2 - having PPI is not a reason for complaint. It has to have been mis-sold or set up incorrectly.