GMAC Mortgage Delay tactics and claiming charges too old

[theonetrickpony]

Hello,

 

We had a mortgage with Gmac some time ago, we closed the account in October 2003.

 

I sent them a request for refund of default charges which with interest added comes to £18k.

 

I sent off my first letter 25/1 using the template on here and gave them 14 days to reply.

 

I received a letter dated 26/1 stating they will examine my complaint in detail amd update me with their progress witin 4 weeks.

 

Received another letter 23/2 saying currently investigating but it is taking longer than expected and they will reply no later than 21/3.

 

Letter dated 19/3 stating mortgage ran aug 99 - sept 03 and that time limit rules imposed by the FOS apply to this matter

and they will query jurisdiction of the fos if such a complaint is brought to them.

 

says, fos cannot consider a complaint if either more than 6 years or if later, 3 years from the date on which i became aware (or ought reasonably to have become aware).

 

I AM UNABLE TO UPHOLD YOUR COMPLAINT FOR THE REASONS STATED ABOVE.

 

they also refer to oft unfair bank charges.

 

final response etc.

 

Q.. is this just delay tactics? they could have responded straight away not after so long if time limit was issue.

 

Q.. is there a time limit? i thought i read that mortgages are 12 years?

 

Q.. has anyone actually got any money out of these people by writing and asking for it back?

 

Q.. what is my next move, should i just issue court proceedings?

 

Any help would be greatly received as i don't want to waste any more money on court fees if going nowhere.

[citizenB]

says, fos cannot consider a complaint if either more than 6 years or if later, 3 years from the date on which i became aware (or ought reasonably to have become aware).

 

 

Well quite simply your response is that you have ONLY just become aware that these charges were unlawful ..

 

Alternatively you could take your complaint to the Ombudsman or of course take court action.

 

Please do make sure you are well prepared if you are intending to issue a claim. I am not quite sure how the the limitiation of 12 years would apply although you are correct, the lender can pursue you for 12 years, whether it would be the same for a consumer regarding charges.. I think you need to be absolutely certain of.

[ttfan1978]

I had a mortgage with RFC/GMAC back in 1999,it was settled 3 years later.During that time we were struggling and had loads of charges applied to our account. I knew nothing about claiming back from gmac until today(I have been totally oblivious) I phoned Paratus? and asked about my old ,mortgage account. A woman has just phoned me back and said that she has looked into it and it has been decided that all charges were classed as 'fair' then and they were only paying out for 2005-2009

 

If thats the case the charges were awful back in 1999,so if they were worse later I am glad we sold up! I was under the impression that I would be able to claim for something,we were even charged for someone coming out to the house wanting to take pictures as we were 2 weeks late with payment! Awful company

 

I also know nothing about all the ppi claims but,would ppi have been added to a mortgage with gmac??

[theonetrickpony]

ttfan1978, you should definitely make a claim like i have. put it in writing to them, no doubt they will say it is out of time but then you can go to the ombudmsn and see what they say. I have done that and am now waiting on the ombudmsan to review my case. i phoned them initially and they took my application over the phone then sent me the forms in the post to sign. They said it takes 3-8 months but it is a free service so nothing ventured nothing gained.

[ttfan1978]

ttfan1978, you should definitely make a claim like i have. put it in writing to them, no doubt they will say it is out of time but then you can go to the ombudmsn and see what they say. I have done that and am now waiting on the ombudmsan to review my case. i phoned them initially and they took my application over the phone then sent me the forms in the post to sign. They said it takes 3-8 months but it is a free service so nothing ventured nothing gained.

 

 

Thank you very much unfortunately I only have a mortgage number,no details of what we were charged for though I know we had a lot of charges. Would I need to find all that out first? Is there a way to do that?

[theonetrickpony]

It is simple. All you need is a stamp and a bit of patience but if you are like me and are determined to get some money back from these thieves then do it.

You need to write to them giving your name/s and the address of the mortgage and the account number as you have it. Tell them you want a full statement of your account from the time you started and ended the mortgage. They have to provide this by law. you can phone and ask them the procedure and fee if unsure. Once you have the statement you can then make the claim, very simple all the letter templates are on this group. Be prepared to wait ages as they take a slong as they can by law but have to comply. i have just phone the fos myself, they are open to 1pm today you vcan always ask them - freephone number.

[Disco Dave]

I was told I had to have basically a ppi policy costing a lump sum of around £3000 that was added to the capital when I took out my Mortgage with Gmac. it was around 9 years ago and I cant find any paperwork.

Am I to late

if not can someone tell me the contact details for gmac

[citizenB]

http://www.moneysavingexpert.com/news/mortgages/2009/10/mass-refunds-due-for-thousands-of-gmac-mortgage-customers

 

At the bottom of hte article there is a telephone number.