GMAC RFC: Late Payment Charges

[pc23]

I am a former GMAC Mortgage customer and have since switched to another provider. I have about £1000 of rolled up charges over the last three years; can I reclaim these (or part of these)? My understanding was that bank and credit card charges were okay - but mortgage charges claims were more risky, so I left it while I still had the mortgage. However, now I have switched is it worth launching a legal bid to reclaim the charges?

[42man]

If it was me I would, I am in the process of claiming back over £1800 from my mortgage provider, and they keep writing to tell me I am in arrears by £1200 !! shocking especially as they have charged £250 for a bounced DD payment !!

[tonycee]

Hi pc23 & 42man.

 

There is some good reading here to help you with your claim.

 

Only yesterday (12th March ) i received a cheque for £ 2,075.00p for these very charges.

 

My thread is here if it helps at all.

 

Any questions, just ask away.

 

Good Luck.

[pc23]

Cheers TC. Glad to see a fellow Yid coining in a few quid!! You couldn't let me have a copy of your POCs pls?

[pc23]

I have totted up the totals and have been charged £50 for an 'unpaid ground rent' charge. GMAC deucted and paid the leaseholders/managing agents my ground arrears out of my advance, but charged me £50 for the privilege. And £100 they charged me for Solicitors Instruction Fee - even though I never once received any correpondence from solicitors. They also had the audacity to charge me £15 for not paying by DD for a period of three months, despite paying on my card by the allotted time.

 

Can I claim all of these back?

[42man]

Yes and don't forget to add 8% compounded interest....there is a good calculator here to tot up the interest too...(scroll down the page to find it)

 

Bank Charges: Reclaim them, they’re unlawful, includes free template letters ...

 

Tonycee...many, many thanks for the info, much appreciated, I have tried to add to your reputation but I have given out too much already lol !!

[Bona]

GMAC are paying charges before you get to court they also have a number of cases with the FSA looking at their charges Im due to hear from them today as to weather Im going to get mine back

[pc23]

Do these look okay?

 

Any comments appreciated.

 

1. The Claimant had a Mortgage account (“the Account”) with the Defendant. This was opened on 9th December 2005 with and subsequently closed on 21st February 2008.

2. The Claimant is claiming the return of £905 taken by the Defendant by way of penalty charges in the form of a combination of failed direct debit fees, arrears fees, exit fees and charges for telephone calls on mortgage account no XXXXXXXX. A schedule of charges detailing the charges is attached to these particulars of claim.

3. a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) These charges relate to the Claimant’s breaches of the contract signed with GMAC RFC. The Defendant's charges do not amount to a genuine pre-estimate of loss and are intended to deter a breach. They are therefore unenforceable contrary to common law as affirmed in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).

4. The Claimant has repeatedly asked the defendant to justify these charges but they have declined to do so.

Accordingly the Claimant Claims:

a) The return of the amounts paid to the Defendant in the sum of £905

b) Court costs

b) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year as detailed on the attached schedule.

[pc23]

GMAC's lawyers have got this claim stayed subject to the OFT and Abbey National's test case (claim no. 2007 Folio 1186)!? I thought that was only bank charge claims. Cheeky blighters... Does anyone know where I stand??

[Bona]

Who were the lawyers there are letters you can write to the court see stickys either on the forum or the one on mortgages on the debt forum

[tonycee]

you can write to the court see stickys

 

HERES THE LETTER