Statements on closed account

Mariolanza

Hello. I hope someone can help me with this query.

My husband is pursuing a Section 75 of the Consumer Credit Act as the funeral plan he took out 3 years ago has gone into receivership. 

He has approached the bank whose credit card he used to pay for the initial deposit. I also need to mention the account was closed in 2021.

They are very reluctant to supply the statement showing this particular transaction as the account is closed. And it may be they will not hand it over.

I was told my husband should write to them and ask for it under the freedom of information but my thought is they will just ignore it and bin it.

Is there anything else he can do??

Thank you for any help. 

MorningcoffeeIV

You're right that if he cites freedom of information they'll ignore him as that's in no way applicable .

He would need to submit a SAR if he wanted the info. 

However, he doesn't need the statement at all, as they will have the transaction on their systems.

retiredbanker1

If they refuse to either send you confirmation of the transaction or a statement showing it then complain!

I'm sure the Ombudsman should it get that far, would not side with them.

There is also no reason why you cannot claim against this card even if it is closed - HOWEVER at present you have lost nothing - another company might take on the liabilities of the bankrupt company - they could even put your claim on file and not pay out until you die - just preparing you in case you think you will get your money back straightaway.

born_again

Would have been nice to continue the same thread as before.

https://forums.moneysavingexpert.com/discussion/6479016/section-s75#latest

Often copy (& this is) statements cost to get. 

https://www.moneysavingexpert.com/news/2022/10/safe-hands-customer--your-refund-and-funeral-plan-rights-as-plan/

Mariolanza

retiredbanker1 said:

If they refuse to either send you confirmation of the transaction or a statement showing it then complain!

I'm sure the Ombudsman should it get that far, would not side with them.

There is also no reason why you cannot claim against this card even if it is closed - HOWEVER at present you have lost nothing - another company might take on the liabilities of the bankrupt company - they could even put your claim on file and not pay out until you die - just preparing you in case you think you will get your money back straightaway.

Thank you. The administrators have told the 46000 plan holders that they will receive 11 pence in the Pound back. So if you paid, say, £7000, you may receive £710 back. And if this payment is made soon, pursuing the bank will be voided.

retiredbanker1

Mariolanza said:

retiredbanker1 said:

If they refuse to either send you confirmation of the transaction or a statement showing it then complain!

I'm sure the Ombudsman should it get that far, would not side with them.

There is also no reason why you cannot claim against this card even if it is closed - HOWEVER at present you have lost nothing - another company might take on the liabilities of the bankrupt company - they could even put your claim on file and not pay out until you die - just preparing you in case you think you will get your money back straightaway.

Thank you. The administrators have told the 46000 plan holders that they will receive 11 pence in the Pound back. So if you paid, say, £7000, you may receive £710 back. And if this payment is made soon, pursuing the bank will be voided.

I would write to the lender (asking for confirmation of receipt) putting them on alert for a possible claim in future years.
Probably this will take some time to sort out but you will now have a quantitively loss to claim on - Whatever you paid minus what the administrators give you back.

Mariolanza

We have written to the lender who claim it's not their responsibility and they will not help.

GTR_King

Did they print & send you the statements out? I am pretty sure they legally have to do that unless the account is so many years old