Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Darling v GMAC

  1. #1
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    Default Darling v GMAC

    DPA - SARicon sent today.

    Address used:

    GMAC - RFC Ltd
    Communications House
    Shuttleworth Mead Business Park
    Blackburn Road
    Padiham
    Burnley
    Lancs
    BB12 7SN

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  2. #2
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    Default Re: Darling v GMAC

    Good luck Darling!


  3. #3
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    Default Re: Darling v GMAC

    Thanks for that Zootscoot, I will probably need it!


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    Default Re: Darling v GMAC

    Just completed letter as supplied by Zootscoot No 14 http://www.consumeractiongroup.co.uk...mortgages.html

    I have adjusted it slightly because i don't understand compound interesticon stuff. Anyway wish me luck guys.
    Oh and thanks to Zootscoot for the letter.


  5. #5
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    Default Re: Darling v GMAC

    Ok I sent off the prelim letter and received this back.

    Dear ...... etc etc. The charges you refer to are in line with our Tariff of Charges. We provided you with a copy of our applicable tariff of charges with the mortgageicon offer and annual statements. We enclose another copy.
    We refer you to condition 10.3(b)of these mortgageicon conditions, which makes it clear that the tariff is part of your mortgage contract. (10.3) The companys right to recover costs and expenses entitles it: (b)to recover its internal costs by charging administration fees in accordance with its published tariff.
    The charges have been properly debited to your account in accordance with the conditions of the mortgage and it is not appropriate for us to refund them to you.
    You have indicated that you may make a court claim against us if we do not refund these charges and so we have referred this matter to our legal team. Your letters should be marked for their attention should you choose to proceed. The address is GMAC-RFC Ltd, Eastern Gate, Brants Bridge, Bracknell, Berks RG12 9BZ. We will not treat your letter as a formal complaint. However if you choose not to make a court claim, our complaints procedure is still available to you and we enclose details if you wish to pursue this.

    Well thats it WHAT DO I DO NOW please anyone


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    Default Re: Darling v GMAC

    Hi Darling,

    Its a standard fob off letter I've read many a time. Although at least they are now taking note and not simply telling you to wait for their complaints department to get in touch.

    Stick to your original timetable and send off the lbaicon to their legal team, before issuing your claim.

    All the best

    Zoot


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    Default Re: Darling v GMAC

    Thanks for the advice Zoot, is it ok if I call on you again if I need further help hun ?


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    Default Re: Darling v GMAC

    Had exactly the same letter as you did with a photo copy of the terms and conditionsicon - even the pages that are just pictures.

    Am about to send my lbaicon letter.

    Good luck

    Jax

    Marbles/HSBC - SETTLED IN FULL
    Beneficial/HSBC - SETTLED IN FULL 01/08/2006
    NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06
    Natwest -
    SETTLED IN FULL 20/10/06
    Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:
    Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:
    Citi - SETTLED IN FULL 17/05/2007
    Natwest Business Account - On going

  9. #9
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    Default Re: Darling v GMAC

    Right i've had a 'small break' from all of this (work commitments etc). Have now today sent a lbaicon. So lets wait and see what happens next


  10. #10
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    Default Re: Darling v GMAC

    Ok guys I've received this back.
    Thank you for you letter dated blah blah etc etc
    'It is not appropriate for us to refund the Early Redemption Charge and so will not be refunding this to you.
    We refer to paragraph 11 of the offer letter which sets out clearly how we calculated the ERC. ....... you accepted the offer with these terms.
    We also refer to to .......... you accepted the mortgageicon conditions with this condition.
    The ERC is not a Penalty as it is not charged as a consequence of a breach of the mortgageicon contract. It is a reasonable pre-estimate of the cost we sustain when an account is redeemed early. We applied the ERC to your a/c in line with the conditions contained in the offer. The conditions of the offer were brought to your attention before you signed the Acceptance of offer and it is not appropriate for us to refund them to you.
    The specific charges you refer to were debited to your account as a result of your breach of the terms and conditionsicon of the mortgage contract. We refer you to ... you agree to make a monthly payment by d/d and where any direct debiticon is refused, we are entitled to charge a fee for each unsuccessful application for payment.
    The charges do not exceed a reasonable pre-estimate of our costs as a result of you failure to comply with the t's & c's of mortgage.
    We will defend any claim you make for a refund of ERC and anything else.
    We will not treat your letter as a formal complaint.
    Referring to OFT these are merely expressions of opinion which are neither encoded in statute or regulation.
    We refute your purported entitlement to a refund of the ERC claimed or at all. The charge was correctly applied to your a/c and payable by you in accordance with the contractual obligations in your mortgage.

    Call me thick but what do I do now. Oh and please keep it simple, I get confused with all the official sounding stuff.


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    Default Re: Darling v GMAC

    This looks like a standard response letter, they haven't included any detail as to how their loss was estimated or given you the money, so they haven't responded to you're initial request satisfactorily. I would wait for deadline in the lbaicon to expire then file your claim. I doubt there is any benefit in responding to them.


  12. #12
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    Default Re: Darling v GMAC

    im in the same place as you x good luck. just about to fill out money claim x

    GMAC - ERC
    1st letter sent 19/10/06

  13. #13
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    Default Re: Darling v GMAC

    Hi Guys

    We have a costs assesment being heard in the high court re GMAC we asked the Judge to ammend our application for the solicitors cost to be assessed to the solicitors costs plus GMACs Cost he wanted to but the Barrister from hell objected he said that if they didnt agree we could make a new application If we can get GMAC mortgageicon costs assessed in the High Court in London and we can get money back others can use it . but they are not playing ball They would have to Justify all their mortgageicon costs. Evry time we go to court they add on 1000"s in costs so we are going to go down the small claimicon alley first with cost on our account and then with the redemtion costs both under 5000k we have nothing to loose not like some of you guys so this weekend I will be writing to GMAC saying that if they do not agree to amend the order to have their costs assessed we will go to the small claims court it will be interesting to see what happens . We deal with a Mr Pitt at eversheds in Cardiff he came to a hearing at our local court and charged us over 1000 in travelling time and travelling costs how does that grab you we are objecting of course
    any information will be gratefully recieved

    Bona



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