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Sent a letter requesting refund of Arrears fees for an old mortgage account since paid off and closed.
They charges me £50 per month 'Arrears fee' and £30 twice for two Direct Debits which did not go through. Having spent lots of time reading though cases and faqs decided to start process to get money back.
129/3 Sent nice letter asking for money back - no reply
14/4 Sent lba - no reply
2/5 Sent reminder no reply
7/5 issued money claim
10/5 Acknowlegement of service received from GMAC with intention to defend!
Bit worried -seems like you have to get to drastic action before prompting any kind of response. has anyone dealt with these guys before?
Any advice welcome.
sandy
3/6/06 Received defence from GE. they have engaged solicitors Eversheds and are defending based on contract and the 'terms of agreement' mentions the tariff of charges and 'the company's right to recover it's costs and expenses'.
They deny that the arrears fees and unpaid direct debit fees constitute "penalties" They also state that whether or not the law on penalties applies, each of the fees reflected a genuine pre-estimate of loss in terms of the cost to the defendant.
They also deny fees were unreasonable and keep harping back to the pre estimate ploy mentioned above. defence runs to 8 pages!
Has anyone else had this. help needed here as it may go all the way. 28 days for defence was up 4th June so no hearing date yet.
All seems to be going according to plan. Expect them to settle sometime before the Allocation Questionairre deadline.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Nothing so far from GMAC. Have sent in allocation doc.s so I guess now we go to hearing date. Getting a little more worried as i have not come accross any other posts this far with GMAC. Any help very much needed!!!
I will be monitoring this one, I also have a current mortgage with gmac and they are currently charging me £50.00 for being in arrears and £25.00 a month for no direct debit setup.
I fully plan to pursue them for this also.
I cant do much about the mortgage as i'm tied in until december 2006
Just read your posts, I too was with GMAC and as I recall they charged me £50 a month for being inarrears. It cost me £2,200 penalty to get out of mortgage back in April. I was told it was fixed penalty for only 2 years then I found out it was 3 years. Any way I will send a DPA and see where that gets me.
GMAC are absolutely horrible to deal with.I have about £120 in failed mortgage payments to collect from them but I get the feeling it will be hard work.
hello Sandy
GMAC ???? well we were with them until 21st april this year.
(see reposession/PPI/early settlemt) my post in the mortgage board?
Would love to know how you get on
They were charging us £39.00 per day interest on our arrears plus £50.00 per d/d that failed .
Would really love one of us to get somewhere with gmac!!!! then we can all start.
They used evershed llp against us as well , not nice people to do business with.
Hope it goes ok for you mate
keep us updated please
mortgage with gmac taken out in 5th may 2004 at a rate of around 6.5% this was discounted for 1 yr, and then went upto 7.9%.
Please note the 1yr discount was from the offer date and not from when they actually paid for the property.......
Hope it helps you?
Guess what though! they have filed a request for an extention of time to exchange documents. they have asked for 1 month although it will not affect the hearing date.
their reasons are amazing:
'The defendant has decided it is necessary for it to seek advice from council.
'Dependant upon that advice the defendant may wish to apply to remove the case from the small claims track on the basis the hrearing will take longer than 1.5 hours. The arguments are complex and that the evidence may be voluminous in excess of 3 lever arch files. the defendant may also with to attempt a form of ADR' What is that?
The hearing is listed fo MONDAY 9.30 am. i was not going to go as it seemed ok to me as hearing would not be delayed but on reflecton I would not mind going and objecting. Case started in April which is bags of time for this to be sorted. help please on what would be best approach...what about the 3 lever arch files... I am quaking in my boots.
Hello Sandy, I've passed this to the other Mods and Bankfodder for an opinion. Hold tight. Don't panic!
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
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Don't worry they are trying to intimidate you. The issues are really not that complex and its unlikely the judge will allocate to the fast or multi -track as it is a straight forward case, well under the 5k limit and it is a consumer dispute.
ADR is alternative dispute resolution which includes mediation, negotiation concilliation and arbitration. So they are contradicting themselves in that one minute they are stating it is too complex for the small claims and then stating it is suitable for ADR. This is likely to be just a tactic as under the overriding objective of the Civil Procedure Rules parties have to show that they have considered the possiblity of using ADR.
I'm trying to imagine what they have put in their 3 lever arch files? It would be worth turning up just to see that! Its worth going to the hearing so that you can explain your reasons for wanting to remain in the small claims and drawing their behaviour to the attention of the judge.
I know what is inside the 3 arch lever files.. THEIR DINNER !!!
They are going to be in there for hours if they take this on.
It is a scare tactic to make you remove your claim. Keep on with your schedule.
As usual Zoot is impressive.
Also, I would very much look forward to them being able to move this to the fast track and preferably even multi-track.
Their scare tactics would then backfire in magnificent fashion when they realise they would be faced with Standard Disclosure. This would force them to supply documentary evidence of their charging regime, the costs involved and any profit made from them.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Sandy V GMAC - RFC ***SETTLED IN FULL***
account since paid off and closed.
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Originally Posted by jssandy01
