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GMAC refund offer and can i put in a claim for all charges


buffyoo7
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Hi i got a letter from GMAC yesterday offering me £251.23 i paid off my mortgage with them in 2007 can i put a claim in for all the charges dds and arears fees come to nearly £3000 have also been charged over £1000 in solicitors fees i phoned up GMAC to day and asked how they came to the figure of £251.23 and asked if i could have a break down of what charges they where refunding me and they told me that that was between them and the FSA anyone with any advice on what to do now would be great thanks Buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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just sent gmac request for charges back letter along with spread sheet with all charges on came to just over £3000 gonna now send them letter asking for invoices for solicitors which they charged in all nearly £1500 and if theres any diference between invoice and the £1500 gonna try claim that back

Edited by buffyoo7
spelling mistake

Buffy x

 

Buffy v Halifax WON all charges refunded

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  • 2 weeks later...

Hi Buffyoo7

 

The fees and charges impacted are:-

  • Charges for non-payment of the monthly mortgage payment by direct debit when the account was in arrears and no monthly mortgage payment was being made.
  • A portion of the solicitor’s instruction fee (£39) that exceeded the actual cost.
  • Early Repayment Charges applied to, arrears fees and charges.
  • A flat rate of interest of 8% will be added to the amounts due to customers.
  • No other fees or charges that may have been applied to your account are affected by this and no further refunds are due.

Between 01/11/2004 and 31/10/2009.

Unfortunately they are not refunding the arrears charges (£50). These you will have to go after them separately for!

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Inoticed that in addition to the charges the FSA made a serious commnt missing in the GMAC paperwork and website:

inadequate training of mortgage servicing staff in handling of arrears and repossessions; and

issuing repossession proceedings before fully considering all the alternatives

 

Looking at out statements we also were charged £30 for Unpaid direct debit fees in April and may 2003.

 

In december 2004 they sent a lete threatening £15 non dd fees although they continued to charge £10.

 

It certainly seem sthe FSA let them off with the £50 fee and we are certainly reclaiming that.

 

Finally, Icannot see how they can avoid statute of limitations and why they are not refunding for a full 6 years.

Anyone any thoughts?

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It may be because the FSA have looked atr this under MCOB breaches (Mortgage Conduct of Business) and perhaps these rules didn't come in until 2004 or GMAC were not regulated by the FSA until 2004

 

My feeling is that GMAC have accepted the principle of not being able to charge more than it costs them and so the door is open to claim back from before 2004.

 

Also note that mortgage charges can be claimed back 12 years, not just 6 years

 

I would have a go!

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  • 2 weeks later...

we have now had 3 letters from gmac all saying the same thing we have phoned them after each letter and they say are cheque is being processed as anyone received a cheque from gmac yet buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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  • 3 months later...

HI am still chasing mine fees back to 2002 various charges on and finally had to mov to ge monet because intrest rate was 10% about £4000 in fees any luck any one sent me diresory offer of 485 pounds

Edited by wishboneash
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