Ok usual reply after LBA.This was a poor copy of a letter it didn't even look like a nice computer letter their copier must still be doing overtime. Now to write my N1 form.

S0, after sending LBA to GMAC a letter of reply has arrived dated 29th May.They must be starting to put a little thought into why they do these charges.First it explains that they charges were added to my mortgage balance in accordance with the terms and conditions which I accepted when I took out the mortgage. The £50 arrears were applied to cover their costs when the account was in arrears when one months payment was outstanding. They are unable to give me a breakdown of these charges,however the fee will include for example,the issue of arrears letters requesting repayment and monthly statement to a customer in arrears.In addition,calls may be made to a defaulting customer to establish the reason for the arrears and to agree a repayment arrangement.Further more the account will be continually monitored during the period that it remains in arrears. They spell out that accounts in arrears need to be monitored closely as these people are a higher risk to lenders and they need specialist management to assist customers to bring their accounts up to date. Again they put the Ephesus on the unpaid direct debit down to a letter being sent and possible phone calls to be made. they then say that the charges are not out of step with those applied in the industry wide.(good because they are also illegal) THEN THEY FEEL THAT THIS LETTER HAS JUSTIFIED. To finish with they provide an expensive leaflet about the financial Ombudsmen service and confirming that this is their Final Response under the terms of the Internal Complaints Procedure. SO! I take it that other people have had this letter and I just continue with my N1 form.To me they have dropped themselves in the MIA as the letter states that they can not give a breakdown as to why the charges are what they are.Anybody had the same out there responses much abbliged.

S0, after sending LBA to GMAC a letter of reply has arrived dated 29th May.They must be starting to put a little thought into why they do these charges.First it explains that they charges were added to my mortgage balance in accordance with the terms and conditions which I accopted when I took out the mortgage. The £50 arrears were applied to cover their costs when the account was in arrears when one months payment was outstanding. They are unable to give me a breakdown of these charges,however the fee will include for example,the issue of arrears letters requesting repayment and monthly statement to a customer in arrears.In addition,calls may be made to a defaulting customer to establish the reason for the arrears and to agree a repayment arrangement.Further more the account will be continually monitored during the period that it remains in arrears. They spell out that accounts in arrears need to be monitored closely as these people are a higher risk to lenders and they need specialist management to assist customers to bring their accounts up to date. Again they put the enphersis on the unpaid direct debit down to a letter being sent and possible phone calls to be made. they then say that the charges are not out of step with those applied in the industry wide.(good because they are also illegal) THEN THEY FEEL THAT THIS LETTER HAS JUSTIFIED. to finish

Hi again, can anyone enlighten me on the situation after the judgement this week in which the bank went to court,(purely by accident) didn't turn up but the judge said if it was a fee for a service then he would rule it in their favour.?????????????Do we just carry on as lots of people said it doesn't affect anything.Regards Nigel 1804

Well blow me down with a feather,the usual responce their banking code leaflet and they are going to try respond with in 4 weeks.lol.Watch them respond sooner as the 4th LBA from me drops on their mat.you've paid me out 4 times for goodness sake.

Go Bona!Best of luck with that.Do you think I should just send my LBA in now they have replied as of earlier,but no offer or anything? Regards Nigel

Thanks mrsfoot.I thought it was.I have done the halifax 3 times now currently in fourth go with them,just checking with others that other organisations are doing a similar thing.thanks once again.LBA going out today 1st May.cheers now.

Hi I've been asked to go straight to their legal team at::: GMAC-RFC ltd EAstern Gate Brants Bridge, Bracknell, Berks RG12 9BZ Is this their standard proceedure?Hi ukaviator are you still flying in this lovely weather?Nigel 1804

Had a lovely letter from gmac,basically saying the charges are in line with their Tariff and Charges,They are saying that the charges are part of their mortgage contract.They have been properly debited to my account (as they would) and it is not appropriate to refund them to me.They have now asked that all further correspondance should be dealt with their legal team. N.B.Legal Team address GMAC-RFC Limited Eastern Gate, Brants Bridge, Bracknell, Berkshire, RG12 9BZ So is this just another fob off letter,The way I see it is that it might well of been in there contract,but,in the eye's of a common law court would they still be illegal.....?and just checking with you guys for further advice in this matter,shall I just proceed with my LBA? cheers Nigel 1804:cool:

Anyone any ideas why my signature doesn't show.boxes ticked and all that cheers

Thanks for your help everyone

Or well prelim being sent 24/04/07 to GMAC oh and a little matter of a fourth time for the halifax for me.

Or well here goes a fourth time with Halifax

Hi Hayley,many thanks for your reply I have done the H.B.O.S. 3 times but I just wondered if was any different from the usual bank format.I can't seem to find the contractual rate of interest applied to the account on my statement though.The other thing is i've got missed direct debit fees and then a £50 missed payment so should I physically list them as sutch.Many thanks Regards Nigel 1804.

Sorry to crash this thread you guys,I'm claiming unpaid dd fees and arrears charges from g.m.a.c can I use the standard bank prelim and lba letters or is there a special one for mortgage companies.sorry. Regards Nigel 1804

Many thanks jowalshy,I've successfully done the h.b.o.s. 3 times coming up to a forth but wasn't sure about these guys.Regards Nigel

Hi again everyone .Anyone know if I can claim my charges back from the above mortgage company they were levied to my mortgage for failed dd's and for being behind for a coup[le of months with my mortgage.Now are they under the same rules as the banks and so on. Thatnks nigel

Count down to last day in March..........When they give me my last charge for the month for going over my overdraft.Then I'll have to take there sorry butt's back to court for some more charges to be payed back to me......I wonder if they'll close my account this time? Anyone know if G.M.A.C. mortgages come under the same regulations for me to claim charges that they put on my account for 1.A missed payment then there was a charge of £50 /month for every month I wasn't able to get back straight. I have now remortgaged elsewhere, can I claim this back from them.P.S. high again everyone.regard Nigel.

Don't forget these robots are programmed to say set things to me your wasting your time talking to them.just march straight on they'll soon get the drift.I'm going to take them for a second lot.In my initial letter I have explained that you have already paid me out on three different accouts for a total of £9,5k I wonder if they'll still tell me they never repay all your bank charges back.....lolololol

Hi again everyone,they never learn.they have continued to take charges even though thye have paid me £8,500 back.So lets see if they admit defeat this time straight away or are they going to go through the whole rigmarole again.My opening letter to thsi claim does inform them that they have already paid me out 3 times so lets see what happens this time.Waiting a while for all the charges to end of month plus I want a business account with them so lets see if I get that first.I'm only playing the same cheecky game they play us,P.S.Hello again to to you all People Power.

Well how unfortunate for you j2b,you may have lost that battle (for the moment) but the war continues,and from the help you have given everyone, the war is in our favour,The judge seemed to not want to discuss relevent evidence.just like past records can't be evidant to the jury,so the judge has missed important,relevent information,THIS TIME!.Next time, different judge,different court and lessons learnt from your hard work and dedication will bring more justice for everyone,forward and onwards everyone.Thanks for your help j2b from me and I'm sure I speak for everyone on this site.

Well neilbass that day in my case has well and truely passed,I've sent them the failure to comply letter,and I'm ready to show them up in court,to the tune that they haven't complied with the data protection act,...oh that they had promised me ...In writing......they would do within the 40 days in compliance with the data protection act......yes thats exactly what they promised me.........their letter was dated the 13th september and I reapplied for them for the second time on the 16th September.Major......Major......incompitance as far as I can see.....or they are testing me.Well Halifax I have taken you all the way 3 times before,and you lost,so,what makes you think I won't to do it this time.?;-)

Well after two Data letters ,cheque cashed on the 25th sept,two telephone promises of statements will be sent and one of they have sent them on the 25th oct still no statements.time to make them jump.

Well a man on G.M.T.V yesterday said talk to the bank and they will help you possibly pay the charges back.Personally I think he's talking from his sit-upon.You can try talking to them,personally I'd wait till the end of the month and ask for it back with a prelim letter,I say wait till end of month because thats when they will take out your £28 overdrawn charge.Although you can always update your charges spread sheet right up to going to court.Regards Nigel

Hi Aarons dad,now I believe because the h.b.o.s.do business Nationally,you can go to a local court.Now when I filed from Leeds to Halifax Visa in Fife the leeds court sent me back my notice of issue along with the court papers.Now it was up to me to serve the papers to the visa people in fife,The Leeds court couldn't file the papers for me because they were in Scotland.I had to fill in a notice of issue certificate and send them back to the court which basically was letting the courts know when the papers were sent to them.This was because Scotland has its own law.Now I'm not sure how it works in reverse.If travelling isn't a problem,You might be able to file in the nearest English county court to you.Halifax main head office is in Halifax,Trinity Road.But they also have another address here in Leeds .If I were you, ring your local County Court and ask them what would be the best situation for you to do, they are normally very helpful people.Also check some threads on what other Scotish people have done.They'll be plenty already done what you are doing.Regards Nigel This advice is given only as a lay person and not as professional legal advice.