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Need some general advice on reclaiming charges from GMAC


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Hi I am new to the site and need some general advice with regard to reclaiming charges on a GMAC mortgage.

 

I had to move out of my property early in 2006, as I had lost the fight to hold off repossession. The property was sold and my debts were settled. After redundancy some years ago, I am thankfully now getting back on my feet in self employment. I got a small payment from GMAC due to the recent action against them, but I have always been of the opinion that many of the other charges made were unfair.These include fees for consultants and bank debit/ arrears etc. From this site I know what I should do to make the claim but I have a couple of questions. Am I still ok to claim against them after years have passed or is there a time limit. Also I have all of my records regarding the mortgage but I wonder is it still advisable to do a SAR and get those details or will the statements that I have be enough to make a proper claim. Hope someone can help. Regards Alastair

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Welcome to the site.

Yes you should still be ok to claim.

All the better if you have all the data,and if you have all you need to claim,then you can continue.

There is a good letter I have seen which is very detailed and requires them to furnish you with some answers to questions that you would benefit from knowing.

This includes providing a genuine breakdown of fees,charges,associated with reposession,shortfalls etc.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Sorry, but I am still a bit confused....I have all of my statements etc and am preparing information before claiming against GMAC, but on reading other posts it would seem that I should be making a SAR, Subject Access Request to make sure that I have all the info that they have on me .....or is there perhaps a template of another letter that would request the same detailed info.....any advice from someone who has claimed would be greatly appreciated....thanks Alastair

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Hi,

 

The SAR would provide you with statements etc that show what they charged you but you already know this so you simply proceed with your claim.

 

You'll be surprised at how fast a county court claim will force them into dealing with you when trying to get any reply through their customer services department is virtually impossible.

 

BAE :-)

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  • 7 months later...

Hi

 

I had a mortgage with GMAC some years ago.

I was shunted to them after getting into difficulties following redundancy..

..Long story short it resulted in repossession which cleared the debt.

I have always felt that the charges for ...arrears...direct debit fails ..were very unfair

and these were added each month.

..there were also consultant charges and solicitor charges later on....

 

These figures added up come to thousands,

so having found this site.

 

..I thought that they should be claimed back..

.however, although I notice that some people have had some success.

..it would appear that GMAC seem to manage to get away with it

 

...I got all my documentation on SAR from Paratus who now seem to be handling things for GMAC..

..but on looking through lots of posts and threads.

..there seems to be much conflicting advice on what can be claimed and what cannot be claimed...

.also if interest can be added and at what rate...

 

..is there any simple straightfoward advice on what to do and how to do it.

..or is the process hit or miss...

 

.I would love to read of someone having a big success against these horrible people..

.but it seems that nobody has managed that.

..if someone has ..

.I would love to hear how they did it..

 

..many thanks for any advice.

Edited by AL2648
spelling mistake in title
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go for it

 

and yes you can get the int back too, at their rate.

 

as yiou've looked at a few reclaim thres already

 

why dont you follow the process in one of those

 

then post up what ou've done so far

 

and we'll help from there

 

but you can get them back

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Sorry for the delay ..I have been away on a business trip.....

 

My Problem is that yes there are reclaim threads...

.but they are all as far as I can see...fairly vague...taking a company on is a complex process

and as such step by step advice of what works and what does not work is what is required.

...I am certain that they owe me lots of money...and as a normally super positive person,

I hate to feel negative......BUT....

 

. if nobody has been able to get back anything but small amounts from them and only then after many many months and months of hassle..

.then it does not help the other people who need to go through a similar process.....

 

I feel that the process of ..reclaiming these charges....needs to be simplified..

 

...there needs to be an expert in the field who can ....list in a simple step by step way...what needs to be done and when and how to do it....

 

...at present ....as I see it ..it is a minefield ...

 

....I accept that some people have had minor success...

 

...but for the process to open up and for major successes to be registered it must be made as easy to do

 

..as claiming back ppi etc....

 

Has someone written a book on this subject .

.if not maybe someone should..

..consumers are crying out for help in these matters and I am sure are being put off by the process seeming to be pointless.

 

...I would love to go after them but there needs to be definite plain advice..

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thre have been many successes with mortgage charges

and indeed companies like kensington, have also been fined by the authorities.

 

it is simple.

 

make a spreadsheet [sOC] using the files here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

http://www.consumeractiongroup.co.uk/forum/content.php?706-mortgage-arrears-charges

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I'm telling Paratus to get knotted, they have no real claim on the GMAC case and are an Asset Management Comany (hence AMC after their name) set up to try and fleece the victims of GMACs aggressive stance.

 

GMAC were wrong, as was found out and I still think all money should have been paid direct to the victims, they offered a paltry £476 without any breakdown which I can no way reconcile with the info I have - my case is complicated by the fact that the repossession was NOT done by them but by the second charge company who also went into administration (London & Scottish, not a peep out of them or their successors to date).

 

GMAC are claiming on my CRA files that they repossed in July 2007 when the actual eviction took place in October 2006 - they have given no explanation as to why they did a £4,500 asset management charge on the account, nor the £3,500 breakdown of estate agent fees... which made me seem £4,500 in a shortfall.

 

A jumped up little oik on the phone tried to persuade me that I was morally wrong in not paying a token payment for this to him to stop 'further legal proceedings' and I stated 'bring them on matey boy!'. It will be year 7 in October anyway so their chance of getting the court case looked at again (and I could go all out to get the original overturned based on knowledge gained on here) is remote, and they know they are stuffed.

 

I did point out that if they do go down the court route I would declare myself bankrupt, at which point the oik said 'You do realise you wont' be able to get another mortgage at all.' I said 'Seeing as I am past 50 now do you think anyone would take me on without a hefty deposit...'

 

We also ended up having another discussion where he tried to blind me with legal stuff and ended up saying 'You think you know the law on this don't you?' I said 'I may not know all the law on it but I am making it my business to learn it!'.

 

Let me know if you want to discuss this off the forum, I have closed down my PM service as I was getting a lot of hassle from people who didn't need a PM to sort their issues out (I help out on the payday loan forum).

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You can't open this up in the way bank charges and PPI has been done, it is a minefield as the companies all used different bits of law to get people into court, they have been devious in their accounting processes, hence many of them being under investigation and having to repay their victims, and many companies are no longer in existance in the mortgage field.

 

Somebody said the mortgage field shrunk from over 4,000 products to abotu 350 recently.

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