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Claiming back unfair arrears charges GMAC-RFC

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Hello all,

 

I was surfing the NET looking for any info on GMAC- RFC and found this site.

 

 

We held a mortgagelink3.gif with this company from 2004 till 2008. In 2006 I loss my business - my wife worked and still works for NHS. We fell behind with the monthly repayments and GMAC started adding on the Arrears fees, Non Payment of direct debitlink3.gif fee, and interestlink3.gif charge fee totalling some £108.94 a month extra.

 

We tried everything to hold on to our property, but GMAC would not help and we loss the property to repossession in December 2007.

 

While I was searching for info I found out that GMAC - RFC had been fined £2.8m by FSA for unfair treatment of borrowers in arrears.

 

This covered lenders between 2004 till 2008 which I was one.

 

Last week I wrote to GMAC asking for a total refund of these charges.

 

I still have some of the paper work i.e.: statements and account details.

 

This I have copied and sent with a detail letter asking for a reply in 12 working days.

 

I’m no expert on this process and would like to hear from anybody who has claimed back these charges from this company.

 

Also I’m just wondering what will the best move be if I don’t here anything from my first contact.

 

Any advice welcome

 

Thank You

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???

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Hi, I had a very bad experience to do with GMAC and their never ending Arrear's Fee's that was added to my account, I tried to claim back charges and was offered £100 which I found insulting! so I spoke with FOS and they said they will take the case so Ive passed it on to them last month.

Had a letter from FOS who said they will be in touch in 4 weeks.

Gmac did response very quickly to all corrospondence (which surprised me!). I wish I found this wonderful site earlier, good luck and I will let you know the outcome of mine

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Thanks for your feedback! The offer from GMAC of £100 doesn’t surprise me at all.

 

I’m just wondering what kind of reply im going to receive.

 

As this company been fined by the FSA they should pay up! I just don’t expect an easy ride - But I’m not backing off! and I will go to court over this.

 

Good luck with your claim Sandpearl - please let me know how you go on…

 

Scua..

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Thank you, I will keep you posted, I was surprised to get a quick response from FOS regarding GMAC as ive got 2 other cases with them that I hadnt heard anything and they have responded to this one.

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GMACs business is now in the hands of Paratus AMC who are very mercenary, trying to get info out of them is like trying to get a winkle out of a shell without a pin! They also keep 'forgetting' to put documents in their letter they say they have!

 

I am going to the FOS as the laughable £480 they offered me has no breakdown sheet with it, I've had no statements for ages and the ones I have you cannot reconcile with the 'breakdown' in any way.

 

I think the FOS is going to see that sanctioning these companies and making them 'pay back' money isnt the way forward.

 

Closing them down and reimbursing customers directly irrespective of whether they have arrears or not directly is the better method.

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Hi Sallygirl1

 

I fully agree (Closing them down and reimbursing customers directly irrespective of whether they have arrears or not directly is the better method.)

 

Do you know how long "Paratus "have been dealing for GMAC ? My mortgage was cleared in 2008 and i still have some of my original paper work - so I'm not going to take any crap from made up breakdowns.

 

Also how long have you been chasing them with you claim ?

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Paratus have been dealing with GMAC customers since last year, they are trying to collect an alleged shortfall from me but they aint getting one penny - some poor deluded man rang up and asked me to make a token payment and I refused, he was very miffed and inisisted he could take me back to court, I asked him to do that and he was even more irate....the alleged shortfall is £4,500, £2,500 of that is marketing costs which I think is a rip off, and they added a £4,500 asset management fee to my account when they took the property.

 

What gets me is they have chased and chased and the second charge company repossessed, not them, so technically they have lied on my records, not declared things to the Land Registry and generally been very dodgy.

 

As far as I know you can claim back on mortgages for 12 years, same as they can chase you for a shortfall, and in GMACs case if you had a mortgage active in the period the FOS investigated you are entitled to claim back to the start of the mortgage.

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Trouble is the FOS like to 'do deals' with companies which doesn't help anyone.

 

If we misbehaved on a mortgage we get our houses taken away.

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My one regret in life was taking advice from a financial advice company called (HALLMARK) this company pushed us in the direction of GMAC.

 

I now know we where mis sold this sharking mortgage - its only since all this PPI has surfaced that I have started to look closely at our own miss fortunes with GMAC.

 

Prior to GMAC we used a high street Building Society for 17 years with no problem.

 

This company wasted no time in taking 17 years of life from us!

 

Now im having my day in Court..

 

Thanks for your feedback and all the best with your fight

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Good luck Sillygirl, I think more people really do need to stand up and fight these bullies. Scua I was in the same circumstances as you, had a mortgage for 16 years with a NICE high street lender, then went to a financial company (who have disappeared now) who got us a GMAC mortgage and we were with them for2 years and they sold our mortgage to WEBB RESOLUTIONS who totally distroyed us. My solicitor said I had a good case against both companys to get charges back but I had lost all confidence against these bullies, and just walked away. but now I am ready to try and get back all those ludacrest charges.

I have came across this wonderful site and I wish I discovered it sooner.

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Have just received an offer from Paratus AMC in settlement of unfair arrears charges of £198.

 

Its way short of the £750 I was looking for - there was NO break down of how they have arrived at this amount. Just a short letter (probably standard reply) and cheque for the above amount.

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Refuse it and ask for a breakdown, give them as much paperwork to deal with as possible and then they may give up and chase more lucrative people.

 

I would now also complain to the FOS about them as they are taking liberties with information, check your CRA file to see if they have correctly put info there, they may have changed the default date to January 2011 when they took over the GMAC cases from the previous lot....

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Hello all,

 

I was surfing the NET looking for any info on GMAC- RFC and found this site.

 

 

We held a mortgagelink3.gif with this company from 2004 till 2008. In 2006 I loss my business - my wife worked and still works for NHS. We fell behind with the monthly repayments and GMAC started adding on the Arrears fees, Non Payment of direct debitlink3.gif fee, and interestlink3.gif charge fee totalling some £108.94 a month extra.

 

We tried everything to hold on to our property, but GMAC would not help and we loss the property to repossession in December 2007.

 

While I was searching for info I found out that GMAC - RFC had been fined £2.8m by FSA for unfair treatment of borrowers in arrears.

 

This covered lenders between 2004 till 2008 which I was one.

 

Last week I wrote to GMAC asking for a total refund of these charges.

 

I still have some of the paper work i.e.: statements and account details.

 

This I have copied and sent with a detail letter asking for a reply in 12 working days.

 

I’m no expert on this process and would like to hear from anybody who has claimed back these charges from this company.

 

Also I’m just wondering what will the best move be if I don’t here anything from my first contact.

 

Any advice welcome

 

Thank You

 

 

in the same boat charges were applied from 202 t0 2008 about 5000 sent a clain was only offered 400 pounds was with a claims company but the were rubbish went to ombudsman not very good so appealing on their decision

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GMACs business is now in the hands of Paratus AMC who are very mercenary, trying to get info out of them is like trying to get a winkle out of a shell without a pin! They also keep 'forgetting' to put documents in their letter they say they have!

 

I am going to the FOS as the laughable £480 they offered me has no breakdown sheet with it, I've had no statements for ages and the ones I have you cannot reconcile with the 'breakdown' in any way.

 

I think the FOS is going to see that sanctioning these companies and making them 'pay back' money isnt the way forward.

 

Closing them down and reimbursing customers directly irrespective of whether they have arrears or not directly is the better method.

 

thanks for that info will chase it up

 

has any on had any luck

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any one had any luck with small claims court for gmac charges ?

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Good luck Sillygirl, I think more people really do need to stand up and fight these bullies. Scua I was in the same circumstances as you, had a mortgage for 16 years with a NICE high street lender, then went to a financial company (who have disappeared now) who got us a GMAC mortgage and we were with them for2 years and they sold our mortgage to WEBB RESOLUTIONS who totally distroyed us. My solicitor said I had a good case against both companys to get charges back but I had lost all confidence against these bullies, and just walked away. but now I am ready to try and get back all those ludacrest charges.

I have came across this wonderful site and I wish I discovered it sooner.

 

how did you get on with chasing them

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how did you get on with chasing them

 

Has anyone had any good news with regards to GMAC? I, like others had tried previously but been told that if we sued they would counter sue and we would be far worse off than them!! They owe us well over £5000, if we can get it that is!! Anyone got any good advice?

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If they counter sue you could claim that it is a vexatious and litigatious case without merit and point out that they are no longer selling their toxic loans, and are in administration, so they would not receive anything.

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If they counter sue you could claim that it is a vexatious and litigatious case without merit and point out that they are no longer selling their toxic loans, and are in administration, so they would not receive anything.

 

just looking to start my small claim court have two copies of my files with arrears fees added to loan and non dd charges added as well

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Not a good idea to go straight to court, you should write to GMAC first and then get their 'final resolution' letter and take it to the FSA instead, might be a longer route but might be worth it as then they can't counter sue you without you giving the FSA case as your defence....

 

Just my opinion, I really think by going to court you would be playing into their hands rather than have them play into yours.

 

You must also remember that all that will happen should you win your case the money will not be yours, it will be taken off the mortgage account.

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gmac i transferred to ge monet because fees were so high

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I think you will find that GE Money are part of the same group of companies GMAC were in....

 

I would seriously though look at the FSA option, you would save yourself quite a bit of money that way, and get a resolution that GMAC can't wriggle out of.

 

When doing your court claim (if you choose that route) then you must mention that GMAC are in administration, and that they had to reimburse customers, include the printout of that as part of your evidence against their malpractices.

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It is pretty much stalemate with my GMAC/London & Scottish case at the moment, they are trying to get money but as I have been unemployed for 2 1/2 years, on sick leave now (had a short term job for 3 months which barely paid my rent) and possibly might have an operation on my neck with a long recovery period they would not get anything!

 

I had a brief conversation with a minion in London & Scottish today denying all liability for any alleged shortfall, telling them they cannot send anyone round (and they are trying to charge me £120 for the 'priveledge' - against the OFT Guidelines on Debt Collecting) and that I have no money or assets.... he tried to put me forward to speak to somebody else but I refused and again denied any liability for any alleged shortfall.

 

As far as the charges go, no breakdown has ever appeared, except a one page typed on blank paper showing charges after the repossession.

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