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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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GMAC mortgage mobsters


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I have tried afew options.i really want to avoid using any credit card as ive just been refunded charges which has nearley cleared balances on a couple of them.Ive called unison as they were going to help me to fight Gmac & make a small contribution towards arrears.Ive asked my broker to fax details of mortgage to them & they might help me. I really want to get away from Gmac before they take my house & leave me & my kids with nothing. I feel sooo fed up today.:sad: :sad: :sad:

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I really feel for you Amanda, I think I'd have gone mad by now if I were in your position.

 

Keep going you've got this far don't let it slip away now. We're all with you.

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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Just been talking to my broker & going through figures from Gmac & looks as though they may have charged me solicitors cost's twice for court appearences as they already added solicitors cost to my mortgage balance & then are charging me £1432.00 in soilicitors cost's on redemtion.

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Good news everyone managed to get my new mortgage completed:D . had to pay the shortfall though courtesy of capital 1 my cheque from them cleared just in time.Will now start the process of reclaiming back fees & redemption from Gmac. I know this one will be a fight but im willing to go all the way on this one just because thay made my life a misery for 12 Months. Wish me luck guys & dolls cos i think im gonna need it;-)

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Hi Amanda

I have read your story from start to finish today, what an inspiring and heart rendering at times tale. Well done for getting out of their graps, we were in the same position with them a few years back, and we managed to re mortgage thankfully. We are claiming the erc and charges back from them, at the allocation stage so hoping it not to e too much longer.

 

If you need any help with anything please feel free to get in touch

 

Good luck and well done for being strong enough to fight them, your children have a great role model

 

MrsFoot

 

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  • 3 weeks later...

Im just doing the spread sheet for charges applied by Gmac & with the erc the total of the claim comes to £7,150.64 should i do charges & erc seperatley or just do the claim as 1 total.Im not sure on this one any help would be greatley apprieciated.

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Hi Amanda,

 

Claims over 5K generally go to the fast trac which carry a risk of costs in the event that you loose, however, it has the advantage of standard disclosure and you can claim your costs if you win including 9.25 ph of your preparation time.

 

If you wanted to remain in the small claims track to avoid the risk of costs you could split your claim, although this also carries risks. If you run the claims concurrently there is a chance the court will merge them and then place you in the fast track. If you run them one after the other there is a chance the second claim will be struck out as an abuse of process and you could therefore risk losing part of your claim. Also as the ERC is close to the boarder there is a chance that it could be fast tracked in any event. I have seen claims of 3K fast tracked.

 

Ultimately the decision is yours

 

All the best

 

Zoot

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  • 1 month later...

Hi All

have decided to go firstley just for ERC & possibly charges following that if i feel brave enough. will prepare my letter this weekend & get it sent of on monday.I know already that Gmac have a really bad reputation with the courts as i work just above the court & sometimes go for a smoke with a woman who works there.The judges do not like them & know that they are only interested in taking whatever they can get. So maybe they are some who are on our side guys;)

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  • 4 weeks later...

I have a question. as i can not find my mortgage offer from Gmac & neither can my broker & the info i got on my final statement from their solicitors only has amounts on it & does not say what any of the charges were for.Will they still provide me with an honest amount for my original exit fee other than what they actually charged me? I dont trust them at all.

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I arised action for refund of charges. This was defended by solicitor and then before second hearing I receieved two 'testy' letters from him saying I would be responsibel for GMAC costs as per my contract. Howqwver day before received letter offering half the amount. I Phoned him and he agreed to agree to pay full costs. When I attended he spoke and told sheriff that we had agreed. Next hearing was fixed for four weeks. Today in comes lteer with cheque for full amount and asking me to sign, agreeing not to communicate to anyone about this settlement, not to divulge the amount, not to claim GMAC for any other charges, to agree this settlement if full and final settlement of all claims against GMAC.

AYE RITE. Get on yur horse.

 

When I communicated with their lawyer I said I would accept thier offer as per our agreed figure for this claim only.

So good luck and watch these burgers

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  • 1 month later...

Sod it! Ive decided to go ahead & send of my letter to Gmac.Ill never know unless i try will I, I just a bit nervy because of how i was treated by Gmac. They can be quite intimidating cant they?? Thought i might just throw in a request for the original mortgage offer as well.

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Amanda dont I know it at the moment they are buggering us about over a cost hearing they should have served papers on the 17 th but havnt ,as we have paid them they can prevaricate to dealy a hearing as they have nothing to lose ,but Im on the case and will issue an application if they dont comply but to get to your problem I am taking advise from a barrister re chages and erc, I like so many have the fob off letter I am seeing him I hope this week any advice I get which is relavant to others I will post in some form ( confidentialty ect) but I hope that i can relay some advice to help others so sit tight for a few days it may help it may not

Bona

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Well i'll hold back a bit longer,It would be nice to get some of it back if not all of it!. They are so keen to take their customers homes as well as all these additional cost's. This is one i will take pleasure in greatley. Do keep us all posted it will be very much appriciated:)

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Hi, I was unfortunate enough to have mortgage with GMAC and went through same process as Amanda, court hearings for repossession, extra payments etc etc. They are proper B*******s. I had quite a lot of equity in property and did not want to get into the same situation again i.e. paying over base rate so sold house and went into a rented house for a year and then got normal mortgage on high street!! What a relief. I have now read that you can claim all charges back from mortgage companies going back 12 years.

 

I sent LBA to GMAC along with a list of all charges i.e. arrears fees and non-direct debit charges and got a letter back stating that as per contract I was aware of their tariff of charges and they won't be paying me any money back.

 

Is this a standard reply and should I now file an N1 form and take them to court?

 

I know how relentless they are when taking people to court - is there any hope for me????

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My advice is to go for the charges not erc unless you redeemed after 3 years and you had a cluase in the contract saying they would waive if you give 28days notice

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  • 1 month later...

hi we are in the same situation now as you where in last july it all started when my husband had a serious accident at work we explained to gmac straight away that we where having some problems and the didn't want to know they are now saying they can take the house without going back to court does anyone know if this is right, can we go back to the court once we have cleared the arrears to have the court order stopped

i phoned them last week to to make arrangements to clear the arrears which are only about 370 (299 of that is this months payment ) but i am classed as being in arrears if i don't pay it on the 1st of the month because we don't pay by dd

on the phone they wanted to up date our incomings and out goings which i did but with no information in front of me i was guessing a bit anyway she told me that i should cut back on my household costs which i said where about 500 a month for a family of 5 and that i should stop my daughters dance lessons which cost 20 a month

sorry to jump on your thread i have got my own but there was lots of people posting on this one with some good advice

the only good thing is my husband is due to be paid out from the insurance company we have already been waiting 2 years so they have got to pay up soon so we will be able to get out of this mortgage but as we put down nearly 75% deposit we don't want to lose the house

anyone with any advice please post on my thread buffy vs gmac

Amanda i am glad you got away from gmac and good luck with getting your unfair charges back

Buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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Got a very quick response back from Gmac advising they were very sorry Bla Bla,and looking into my complaint.I will start preparing my next letter to send. I know they are not going to pay without a fight, but i will keep my gloves on until the end win or loose.Hopefully win:) .

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