Gmac

[saucy]

Hi, Some help wanted PLEASE.

 

We requested our penalties for late payments and non DD back from GMAC last June and got the usual response of get lost basically, and to go to the FO within 6 months. Unfortunately, we did not get back to them within the 6 months as we had a lot of personal problems at the time and then we heard about the courts holding on to claims until it had been heard in court whether it was legal. So, last month, we decided to phone the FO and were told to send our documents in for them to see. Last week we were phoned by a lady at FO to say they could not help us after all because we had past the deadline. When asked if we could re-try with GMAC she said she didn't think we could. What should we do now? It comes to around £3000, and we feel that GMAC should not be dictating to us about time limits. Are they right in this? BTW we are no longer with this outfit.

Owena

Edited May 11, 2008 by saucy

[sillygirl1]

Retry - the FO aren't always right about the 6 months clause. Your dispute hasn't reached an acceptable resolution and can be restarted. After all GMAC are probably continuing to charge you (assuming you are still with them).

 

Put in a second claim to GMAC adding information to the claim - even if it is ONE additional charge more and then give them the time limits... ie 14 days to respond...

[tonycee]

OK.

 

So GMAC are playing their usual get get lost routine. Thats normal.

 

The left hand of the FOS dosent know what the right hand is doing. I wouldnt waste my time with them.

 

If you have all the info you need, get you LBA off to GMAC asap.

 

If not do a SAR.

 

Dont take no from anybody.

 

When GMAC realise you are serious, you will get a result sooner, rather than later.

 

Good luck.

[lillymay1975]

I hate GMAC RFC, we have had hell with them, went to court a few weeks ago, and thanks to hells, on here we are ok, they do not want to know, Hubby just lost his job and i'm disabled the DWP and dole told us to ring GMAC asap to tell, them, we did and guess what they don;t give a s**T told us to pay, they are like the film goodfellas you know the when Henry is goning an about the mob

"my wife has just died F**k you pay up" I have just been run over F**k You pay up, they are the mafia in disguise i swear, we are just strugglying on with these muppets and going in about 5 months Hopefully, we are out of our fixed term now thank god, so we are just trying to get by and get away from these idiots. We have calculated we owe them about £6,000 in charges and solicitors fees etc...what the hell is happening to this world?

Edited May 22, 2008 by lillymay1975
spelling

[bobbyh99]

We have recently tried to start the process again with GMAC and got a letter this morning saying basically , tough too late. We should have gone to the FOB last year before Xmas but didn't due to illness, and then it was too late as the 6 months were up. Started up again with Capital One and got all my money back thanks to the FOB (waiting for the cheque now). Any suggestions as what to do with GMAC now? They gave us so much worry when we had our mortgage with them.

 

What did your latest letter say?

 

Personally I would start afresh with a prelim and then LBA, but only do this if you are prepared to go through with it at court. I think I read in one of your other threads that the FOS won't take this up anymore due to 6 months time limit!

 

BobbyH

[saucy]

Hi BobbyH,

 

We tried to start afresh this time, as we did with Capital one, but they wouldn't have it. The letter says:-

 

Our records show that we have previously outlined our position in our final response dated 13 June 2007. We also reaffirmed our position in our letter dated 06 July 2007. It is for the reasons outlined; we are not looking to re-open your complaint.

We consider your complaint closed and as such, we have nothing further to add. It is for this reason we will no longer communicate with you on this matter.

 

 

Any suggestions,

Saucy

[bobbyh99]

If you are prepared to go the court route then I would send a LBA giving them one more opportunity (although the reality is they will not respond positively!).

 

Once their final 14 days are up, file N1 at court.

 

We are talking about charges here for returned DD's and arrears fees and not ERC?

 

BobbyH

[saucy]

Yes it is only charges for late payments and no DD set up. So you think I should send them another LBA even though they said get lost?

 

Saucy

[bobbyh99]

Strictly speaking you probably don't need to as they have had enough time, however, it would look good from a Judge's perspective.

 

They will probably tell you to get lost again. Its important that you stick to your timelines though. Once 14 days are up, file N1 at court.

[saucy]

How much does it cost to file the N1? What happens? Sorry to ask so many questions, but it quite scares me.

 

Saucy

[bobbyh99]

Whilst I have some experience with filing claims at court, I have never had to actually go to court as they (my claims) were all settled before any court appearances.

 

For the cost:

 

To issue a claim form where your claim is for money only and the amount is:

up to £300

£30

£300.01- £500

£45

£500.01- £1,000

£65

£1,000.01- £1,500

£75

£1,500.01- £3,000

£85

£3,000.01- £5,000

£108

£5,000.01- £15,000

£225

£15,000.01- £50,000

£360

£50,000.01- £100,000

£630

£100,000.01- £150,000

£810

£150,000.01- £200,000

£990

£200,000.01- £250,000

£1,170

£250,000.01- £300,000

£1,350

over £300,000 or for an unlimited amount

£1,530

 

 

You need to get your POC (Particulars of Claim) together! there are lots of people on this site that can help with that.

 

Most importantly, you need to understand what it is you are actually claiming and be fully versed with the legalities of your arguments!

 

Have a read through some threads on the Mortgage Companies forum and take in as much info. as you can. There is lots of reading to do!!

 

BobbyH