GMAC Customers read this

[Bona]

http://news.bbc.co.uk/1/hi/business/8331600.stm

[**Tilly**]

http://news.bbc.co.uk/1/hi/business/8331600.stm

 

Bona your link not working, try this one

 

Lender to repay 46,000 borrowers

[on*the*case]

Bona your link not working, try this one Lender to repay 46,000 borrowers

A quote from the BBC report;

......Another three lenders are being investigated by the FSA over similar failings. The consumers association Which? demanded they be identified. ......."This raises serious questions about the amount of time the enforcement process has taken, given that the FSA has known about these problems since mid 2008."

 

 

Any guesses who the other 'three' lenders are?

1. Capstone (Southern Pacific, Preferred )

2.

3.

 

 

Regards

[vickson]

Presumably, if your account was sold on to another lender by GMAC and your new lender is still levying these charges, then your new lender should refund these charges too.

 

Is this a valid claim to send to your new lender?

 

anyone?

[iconoclash]

Hi - yes - I have the same question.

 

If a mortgage contract is with GMAC and by their choice it is sold to another on same terms then surely this ruling applies to that contract still ???

 

[iconoclash]

Hi - Just found this elsewhere on the web - it is from the GMAC statement following FSA fines:

 

Previous Customers

Repossessed Customers with no debt outstanding (without shortfall) Customers who have redeemed their mortgage or Customers whose loan was sold to another lender. As you no longer hold a mortgage with us, but had these charges applied to your account while you did, please can you contact us on freephone 0800 030 4662. Once we have verified your identity and current address, we will send a cheque to you for any amount due. We will write to you at your last known address on up to three occasions in an attempt to get this message to you. For previous customers only refunds in excess of £10 total of fees and charges, plus interest will be made. If you have moved from that address hopefully the letter will be forwarded to you. If you have not received a letter by (30th November) and feel you are due a refund or have any queries please call freephone 0800 030 4662.

We want to apologise to customers affected. GMAC-RFC has taken this matter very seriously and worked openly with the FSA to review and revise our procedures for managing customers in arrears.

[frettful38]

Well I don't know what is going on with GMAC but they have not deducted this months mortgage. My direct debit is still active and payments go out at the end of each month, today is the 4th Nov 09 and my mortgage has not been deducted.

 

I received a letter last month that I was in arrears of £50 and I am not in any arrears at all that I can guarantee. I don't know what's going here. I am on an interest only mortgage no thanks to my mortgage broker who totally botched up my mortgage. I had to remortgage to pay off my OH's bankruptcy debt and the mortgage broker put me on an interest only mortgage and I don't think I will ever be able to come off as I am on Income Support.

 

Can this situation get any more sad or worse?

[stressed2009]

Hi!

Quick question from me

Will it only be charges between October 2004 and October 2008 that will be eligible for refunds? I had arrears with them between February 2008 until July 2009 (when they sold my mortgage to Webb Resolutions). They also took me to court in August 2008 for repossession but as I agreed to £400 extra per month on top of my mortgage they agreed to go for a suspended possession order. I was still getting charged the same arrears charges from February until December 2008 at least!! The first letter showed I had over £1800 in charges from GMAC when my account was transferred - £500 from court case, the rest for unpaid DD charges and arrears charges. Will it only be the arrears charges that are considered?

If they have decided that the customers in arrears were not treated fairly does this mean the suspended possession order could be set aside? Any ideas?

Thanks

x

[Ell-enn]

 

If they have decided that the customers in arrears were not treated fairly does this mean the suspended possession order could be set aside? Any ideas?

 

Thanks

 

x

 

You might have a case to challenge the SPO if the arrears charges were included in the total arrears figure they claimed you owed in court

[on*the*case]

Hi stressed2009

I rang the GMAC 0800 number and gave them my new correspondence address. The recorded message is clear(ish) about refunds. Charges for bounced DDs (while in arrears), arrears charges and solicitor costs over and above the 'actual' cost.

I plan to wait until I have their offer and cheque, and then request a full breakdown of the account and all charges, and move from there.

[stressed2009]

I cant wait to get home tonight dig out the statement I received from them with the breakdown of all the fees applied to our account! So I can have a quick check over see what I think the amount should be.

 

on*the*case - I think you've got a good idea there I dont want to be accepting their offer unless it is the true and full amount I am entitled to. I am still struggling now after being made redundant and any money I get will help me pay the last payment before my mortgage comes off the high fixed rate I am currently on

 

I will definitely have a look into the SPO and associated paperwork tonight. I was reading the statement and FSA findings and I was NEVER offered the chance to see a Field Councillor to discuss my arrears! And they would not allow me to capitalise my arrears or offer any solutions other than a ridiculously high additional payment and suspended possession order. I do not feel they treated me fairly!

 

x

[on*the*case]

......on*the*case - I think you've got a good idea there I dont want to be accepting their offer unless it is the true and full amount I am entitled to. ......I was reading the statement and FSA findings and I was NEVER offered the chance to see a Field Councillor to discuss my arrears! And they would not allow me to capitalise my arrears or offer any solutions other than a ridiculously high additional payment and suspended possession order. I do not feel they treated me fairly!

 

Regarding accepting their offer, a lot depends on any conditions GMAC attach to the offer. Keep your eyes peeled on this site, as when the offers start arriving there will be much posting and advice.

GMAC played hardball with me, no negotiation, no application for possession. The moment the arrears reached 3 months, I received a pay in full in 7 days or else letter, the moment that deadline expired an LPA Receiver was appointed (the mortgage was a BTL). The Receiver immediately listed the property for auction. I had less than 4 weeks to complete a remortgage, it was fortunate that the LTV was 50%, and it was completed with only hours to spare.

 

 

 

The advice from Ell-enn in the post above is good regarding possible grounds for challenging the original SPO. Ell-enn is someone who knows their stuff:)

 

Good Luck

[stressed2009]

To be honest they only came to an agreement with me about 2 days before the court date, and even then only on the basis that I made the amount we had agreed as a payment BEFORE the court hearing otherwise they would go for full possession. God knows how I found the £1620 but somehow I did but it meant family helping me out. Really they could have helped us a lot more than they ever tried to.

 

Oh my god that sounds awful! I bet it was very stressful for you.

 

I am wondering what they will offer, I guess I will have to wait and see.

 

x

[judi3]

subbing to this thread

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/229764-gmac-i-want-my.html

 

can a mod join this thread together

 

Im very intrested in trying to reclaim erp and

 

 

If they have decided that the customers in arrears were not treated fairly does this mean the suspended possession order could be set aside? Any ideas?

[stressed2009]

I am keeping a very close eye on this been doing a lot of reading today and some websites are saying that refunds will not be given for arrears fees (£50 per month), failed DD fees (£30 per time), solicitors instruction fee (£60) and several others as they were found to be fair!?

 

I dont know if I am allowed to link to other websites so havent, but it says their information is directly from the FSA and it is only the fee for were a customer is in arrears with no DD set up and there is no payment made for the month!!!

 

I might contact the FSA directly to query this as I had my hopes up that it would be the arrears fee

[slgsue]

I cant remember what fees I had from them, my mortgaged was moved in Nov 2007. Up until very recently my finances were all over the place and they did take me to court for repossession but court ruled for suspended order of possession so still have the property.

 

I am truly hoping that I can get something back from them as it would be a blessing in disguise and hope that these other subprime lenders get a kick up their rear ends too!!!

[Ell-enn]

As I understand it, if you still have a mortgage with them you won't actually see any money in your hand. The charges will be taken off the outstanding mortgage (where they should have been added).

[stressed2009]

Hi Ell-enn

 

Any ideas on which fees they will be refunding I am confused?

 

If they dont refund the arrears fees and the failed DD fees will I be able to start a claim for these?

 

x

[littledotty27]

We had a 2nd charge secured loan with ge money from mar 04-dec 04,does this count under the gmac situation that is going on?

[on*the*case]

We had a 2nd charge secured loan with ge money from mar 04-dec 04,does this count under the gmac situation that is going on?

 

Hi littledotty27

 

At this stage it is only GMAC.

[slgsue]

what does anyone think about the likes of SPML/Capstone being investigated by FSA I understand 3 others are, is there anyway to find out????

[iconoclash]

Hi - re GMAC and their refunds - I thought I heard in the radio statement about it that they should be refunding the difference between the actual cost and what was charged for things like insurances also so to my mind that should include the Mort. Ind. Guarantee fees too - I will be writing to the FSA today about this item. The MIG insurance is another money making vehicle and I want to see the policy costs as so far it has not been disclosed in any previous SAR - there answer being that it is for them so its not relevant but OH NO it is relevant as it is we the customer who pays it! Off to read the statements from FSA. Will advice any else I find.

[on*the*case]

what does anyone think about the likes of SPML/Capstone being investigated by FSA I understand 3 others are, is there anyway to find out????

 

Odds on for investigation.

The senior management may even be 'assisting' the FSA right now.

Its unlikely that we will know for sure until the FSA announce it.

 

 

Remember that if you have a current mortgage with Preferred/SPML managed by Capstone any refund will be via a credit to your mortgage account.

[iconoclash]

Hi - did I hear that there is an appeal in court today re Southern Pacific??

 

Re GMAC - does anyone know about the GMAC mortgs. sold to others on the same contract and being operated in the same way re penalties etc - e.g. will we have a case against them since they are doing exactly the same thing as GMAC and in my case whacked me for over £6k in legal costs when they neednt have gone into court at all - and charging me extras all the time - and now trying to repo again for a few hundred in missed payments of charges and allowed the solicitor to charge extra £2,000 after the hearings and costs sets by jjudge???

[on*the*case]

Hi - did I hear that there is an appeal in court today re Southern Pacific??........

 

Do you have any more detail? Which court etc?