First Active Mortgage 2004

Took out a First Active Mortgage in 2004.
Initially had the discounted Fixed term for 2 years which automatically switched back to a SVR as per documentation (tracker was never offered).
Having been in touch with First Active requesting a change to a tracker rate, I was always told that "the type of mortgage offered was not entitled to a tracker rate", however I can not see this stated in any of the terms and conditions.
Do I have any case?

If they weren't offering trackers then they couldnt place you on it. So have a case for what?

Different types of mortgage products have different rates and conditions, if your one never had a tracker option then there is none, not every mortgage had one. I can't remember when trackers started but I do remember that when they did not everyone went for them, it is only in hindsight that they are so valuable.

This is irrelevant to your question but I remember in the early days of trackers as a bank employee having lists of mortgage holders to ring to try and get them to convert to tracker from their standard variable rate. Not all would and many opted to stay as they were so now the banks are kicking themselves for ringing the customers and the customers are kicking themselves for not taking switching!