Cakey Vs Gmac

[cakey]

Hi

 

Some advice please would be helpful. Not been on the forums for a while after the success (massive) I had a few years back with bank charges with Halifax and Natwest....

 

However I now have a problem with GMAC RFC who have just sold my mortgage to Webb Resolutions. Upon getting the letter telling me Webb had taken over I noticed charges to the tune of £1075 + £256 interest on those charges (at 7.7% - can't work out how it works out!)

 

Most of them are £50 fees for Arrears Fees. I have written and spoken to Gmac who offered me £0 back then today after speaking to them £300 (50% of some of the fees) I am not likely to accept as there is still ongoing interest ont he rest of those fees whilst they are added to my mortgage and I really want to clear those all off.

 

They are saying this is their final offer.

 

I assume as normal I complete the court forms using the bundle at http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available

 

I assume my argument is under the UTTCR still for these arrears fees? I will also be claiming for the failed DD fees of £30 each (plus the 7.7% interest...)

 

Any advice as ever would be much appreciated.

 

Final question, this should have no implications on me continuing my mortgage with webb if i am taking Gmac to court over these fees should it?

 

Thanks

[cakey]

Bump

[cakey]

bump

[cakey]

If anyone can help, would be much appreciated. I have been offered a £315 goodwill gesture, which if I dont accept they will reduce to £15!! lol £315 is not even 1/4 of what they have takent from me.

 

They have stated in their letter "Should the offer not be accepted and the claim proceeds to a hearing, if you do not receive more than the amoount offered herein we will ask the court for an order for payment of our costs and expenses in defending your claim and attending the hearing.... This could result in you paying our costs..."

 

I am under the impression that Small Claims track (which this would be under) you cannot claim costs? Are they using the usual scare tactics?

[wishboneash]

bump

 

take advice in similar situation

 

from 2002 to 2008 was charged 50 pounds arrears fees added to loan and 10 pounds non direct debit

because i had no bank account was taken off me

[cakey]

wishbone not really sure I understand what you are saying. Are you saying you have claimed? Are you saying they can claim costs in the small claims track????

[cakey]

Bump - Im guessing the mortgage section is not really used much anymore on Consumer Action?

[cakey]

Bump

[sillygirl1]

Your next option is to accept GMAC's offer as a PARTIAL offer and then state to them that you are complaining to the Financial Services Ombudsman, they already have fined GMAC for excessive charges so you can mention that in your letter, there is a link to the ruling somewhere on this site.

[cakey]

Thanks Sillygirl (nice name!) they have said if I persue it further with the FOS they will remove the offer and give me just £15... they have also said the ruling does not affect my case against them, they have also told me should I take it to court and not win more than their court fees they will ask the judge to make me pay their court fees !

[patrickq1]

http://www.demos.co.uk/files/Destination_unknown_-_web.pdf?1286559411

gmac being sued for fraudulent foreclosures in America

[wishboneash]

hi i was charged over £3500 pounds fees no dd and fifty pounds a month by them

clim for then not had much help from ombudsman service