GMAC mortgage mobsters

[Amanda Taylor]

Does anyone have a copy of LBA for mortgage charges or shall i just use the standard bank charges 1 ?

[kennythecelt]

Hi Amanda

Just checking to see if there is an update. I had a recent mortgage with them. What did you use?

 

Good luck!!

[Amanda Taylor]

Well Folks!

Had my bog off reply from Gmac, and a copy of my redemtion statemant, The cheeky buggers charged me for an insurance premium set up by themselves, also they charged me a lapsed insurance fee for not taking up the policy offered by my broker.they did send a refund for an overcharge on my exit fee of £30 + int, I thought that the full fee was refundable for the MEAF.Time to put in my claim at court dont you think guys, Im feeling a bit nervous.any advise welcome. Wish me luck cos i think im gonna need it. This letter has come from Gmac and not their solicitors, do they only get involved when it gets to court stage??

[Amanda Taylor]

In light of what is happening with bank charge claims would it be advisable to continue with my claim against Gmac as i have everything ready??

[mrsfoot]

Mortgage charges are different from banking charges and I would suggest you continue with your claim.

 

Please dont go for your ERC just yet. Keep an eye on Bonas thread (great info in there)

 

The MEAF refund should be the amount they overcharged you from the original amount they said they would charge. So if it was originally £125 and they charged £225 then you would get £100 refunded.

 

Keep going!

[Bona]

A number of people have got back or are in the process of geting back charges from GMAC we are in court on Monday for costs ( solicitors ) as usual GMAC are playing dirty at 4.30 tonight I had a phone call from a courier company saying they were tryiningto deliver papers to me from the barrister ????? odd i thought Barristers dont appear at costs hearings ? they do for GMAC they never did serve the papers where ARE THEY THE COURIER COMPANY SAYS THEY DELIVERED THEM TO AN ADDRESS WELL LEFT THEM ON THE DOOR STEP not my address I rang them 5 times still dont have what they are going to say on Monday really not fair but never fear we will go armed with our case we are two humble people acting as litigants in person and all the other side can do is employ a top Barister who abused court protocol what have they got to hide

[ecobabe]

can Iask how many months in arrears do you need to be before they start repossesion? I've just gone 3 months ; I sent the form from jobcentre (MI12, help with mortgage payments) I'm now eligible for 50% help, along with letter saying that I'll pay the other 50% plus £50 per month towards arrears. I got a letter from them saying an independant debt counselling company would call on me to discuss ways of paying arrears. yesterday man appeared at my door, i didn't let him in and said that he should have made an appointment, he replied that he had written and asked me to contact him within 48hrs (true), made another appointment to come. Question though from reading letter I pay for this but he didn't appear particularly customer friendly, I got the impression that he was more concerned about mortage provider. any advice with all this?

[sillygirl1]

You will get charged £100 for this 'debt counselling visit'. Don't let him in and don't fall for "Don't worry it will be okay." Their lying toad overstated my income by 'filling in' that I had a car and £400 month motor expenses - I don't even have a driving licence and certainly don't drive. He also put down £400 month clothes allowance - as if!!! You only need to look at my wardrobe (and even that didn't cost £400) to see I don't spend that kind of money on clothes.

 

GMAC are pains and you need to get the DSS to write to them pronto - and if you get any aggro from GMAC go STRAIGHT to the OFT and Trading Standards - don't wait for their 'complaints polcy' as they don't have one which stands up to scrutiny.

 

I've currently got a complaint in with the OFT and they are stalling over answering why they charged me £100 for the debt counsellor when the OFT and Trading Standards strongly advise against this.

[Bona]

They will charge you 100 for each visit ( I assume we are talking GMAC here) basaclly he will suggest that you pay your mortgage first and everyone else later take no notice make an offer and stick to it £50.00 will not reduce your arreas as they will be putting penalty charges on and at the moment allthough they are refunding some not all the law says you have to apay the arreas off in a reasonable time what are yopur arreas and what can you repay if you make an honest offer and they reject it then before they take out a repossession claim you can write and quote some intances where they have paid back the penalty charges to people and yours add up to so much there is also a definate case that if they have acted unreasonably ie you have made a genuine offfer and you have stuck to it that if they take you to court they wont get there costs if they threaten then with this sites help you can tell them that is what you are going todo I

[Bona]

They will charge you 100 for each visit ( I assume we are talking GMAC here) basaclly he will suggest that you pay your mortgage first and everyone else later take no notice make an offer and stick to it £50.00 will not reduce your arreas as they will be putting penalty charges on and at the moment allthough they are refunding some not all the law says you have to apay the arreas off in a reasonable time what are yopur arreas and what can you repay if you make an honest offer and they reject it then before they take out a repossession claim you can write and quote some intances where they have paid back the penalty charges to people and yours add up to so much there is also a definate case that if they have acted unreasonably ie you have made a genuine offfer and you have stuck to it that if they take you to court they wont get there costs if they threaten then with this sites help you can tell them that is what you are going todo I sugest you start your own thread and ask the mods to transfere your post there

[ecobabe]

hi thanks. I am currently on income based jobseekers allowance so if DSS pays 50% of my mortgage my dad's offered to pay other 50% for few months until I'm working again plus £50 towrda the arrears which stand at £1200 (3 months payments). I've also got £200 which I was going to pay to them which takes arrears down to £1000. going to see if i can scrounge some more money up as I need to keep my house. I think I get charged for the visit even if he doesn't get in though

[Bona]

Right dont pay the 200 off what you need to do is to get a copy of your mortgage account what you dont want is to get so many charges on that you cant pay them back offer them £75 a month of the arreas thats 4 months with the extra 25.00 ie £200 do that as soon as you can and ask for an uptodate mortgage satement ask for it within the next seven days I promise you on those arreas if they took you to court they would not get your house what you dont want is the costs lets see what your mortgage statement says that will give us a much better picture in the meantime try to make an expenditure account ie your income and out goings per month factor in you fathers help for however many months he can and be realistic about your job prospects look over the next 3 months and look at the worst seario then we can see what is the best way to go getting furthern into debt wont help there are safty clauses do you have any equity in the house

 

Take care and keep the faith Bona xxxx

[ecobabe]

little equity, took a remortgage a year ago to buy out housing association ( they owned 50%) so there was next to nothing once the legal fees etc were paid, what was left paid the mortgage for about 7 months while I finished uni. think they gave me an up to date statement shows arrears of £1200 (3 months) and pretty much about £50 charges a month. I thought I couldn't get charges back while I still have mortgage with them ( in case they Dump me). so do I just not let this chap from "external counselling" in?

[Bona]

the equity is not a problem but yes you must be seen to be tring you will have to pay make a note of what is said and at the end go through your notes ask him if he agrees and when he says yes both sign it . and get that statemet of your account

[sillygirl1]

As I already said, it is going to cost you £100 for the counselling, and insist that you have a copy of his report - he might say no but write to the company insisting this - the guy I had lied through his teeth and I have my complaint in with the OFT. Also complain about the charge as it is against OFT guidelines. You can co-operate directly with GMAC (they don't really like it) but write to them and explain you would rather have the £100 taken off the debt rather than straight into their coffers - that way you will have evidence should the matter come to court you tried directly with them.

 

Best thing about my court case was their solicitor got severely told off by the Judge and refused to speak to me outside the hearing afterwards. It's NOT down to the judge on the day of the hearing - GMAC can stop a repossession order at ANY stage, and they use the courts in the same way the banks do - because THEY CAN.

[Amanda Taylor]

Hi Guys & Dols,

I put in my claim in court and have had ackowledgement back today from Eversheds advising that they intend to defend all of the claim.We'll see what comes next but i will keep you all updated.:-|

[Amanda Taylor]

Hi everyone

 

recieved copy of defence and have to get in my AQ buy today , any advise on what i can put in it.

[Amanda Taylor]

Hello everyone,

 

I have recieved my court date for Gmac claim, 12th jan,Need to get every thing ready, Where can i obtain an expetrs report? Im getting nervous now as time for hearing is upto 1 hr 30 mins.Helppppppppp!

[gizmo111]

Hello everyone,

 

I have recieved my court date for Gmac claim, 12th jan,Need to get every thing ready, Where can i obtain an expetrs report? Im getting nervous now as time for hearing is upto 1 hr 30 mins.Helppppppppp!

 

As this thread is very old and long could you give a brief timeline, youir POc and their defence here please?

[Bona]

I was in Court with GMAC on Monday on a costs hearing this was the second occasion we have got back a lot of our costs and we have to go again in January to finnish of you wouldnt believe what we were cgarged for but when we had the mortgage we could do little about it but we will now this is just the begining Did you know they are one of the contenders to buy Northan Rock I pity the Northan Rock mortgagees or perhaps they

are going to use it as a front to seem ligit, where is your case are eversheds dealing with is what exactley are you claiming for

[Bona]

see its evershed whos dealing with it there

[Amanda Taylor]

Hi Guys

Just dug out their defence which states that the particulars of the claim are inadequatley pleaded,and goes onto mention the original mortgage agreement,I am claiming non payment by direct debit fees,and late payment fees, they have still not provided a breakdown to reflect the actual cost,also cost's which were added to the final balance of £350, it was never explained what these cost'swere actually for! Just charges,and £120 expenses! Also they describe these fee's and charges as Trigger events??

It also states that i have not provided any particulars for the claim. It is eversheds who are dealing.

I would like some help please in preparing my case and need to obtain an experts report, Where would i get this from?

[Amanda Taylor]

Hi Guys just to let you know that i spoke to Eversheds who first of all tried telling me that i have duplicated charges, when he explained he said that i had put down expenses and charges which were included on my final statement, my reply was well the charges listed and were not explained on the statement just listed as they were, he than said that if it goes through court that the judge would order a stay, i then replyed by saying but it hasn't been stayed because the hearing has been set for 22 jan,so my full and final offer was for £550, which i said i would prefer the whole amount to which he replyed tha gmac would prefer to pay me nothing!!!! so i will reply by email to him and decline the offer,think that they think because of the time of year that i must be desprate for the cash.so see them in court, I will point out in my email that i will also include in my claim the court charge of £35 and the £150 for the hearing.what do you all suggest

[sillygirl1]

See them in court - and DONT let them settle before the hearing - that is not fair all round. Their solicitor will probably be a 'duty' solicitor and easy to faze as long as you stick to your crib sheet of the points in the claim - if he drifts into something else ask which point that arguement comes under....

[Bona]

Im not sure about the duty solicitor I deal with a chap called Pitt and when they really get there knives out they hire a barrister do you have a name you do know that they have settled several cases for the full or nearly the full amount where are you hun I will gladly come and support anything to have a go at GMAC