Jump to content


  • Tweets

  • Posts

    • So I see that you are mixing and matching your sources of help. This is really not a good idea and too many cooks spoiling the broth springs to mind. We are putting in quite a lot of work here try to help you and if you then go ahead and take advice from elsewhere it can put us into difficulty because advice might clash or even conflict. Of course no problem at all, you using Which or anywhere else – but I think you ought to decide where you are going and stick with it
    • Yes I think you should simply go ahead and apply for a warrant and execute it. In terms of further damages for distress, I agree that it is a continuing breach but on the other hand you have had damages for distress up until X X date (I can't remember when) so you are now applying for damages for distress from that date. I think probably £200 is a reasonable figure. I certainly agree that the continuation of their breach tends to compound their responsibility but we aren't really trying to get money out of them, we are trying to prove a point. Up to you – but I would have thought that £200 would be reasonable. Don't forget that when we finally get the information we need and they eventually put their hands up to their error, you will be looking at something quite substantially more and there will be the further question of the inaccurate processing of your data which itself is a serious matter in addition to the damage which it has caused.  
    • Well paying nothing would obviously appeal!   Yeah one was definitely 1990' as it was previously the Egg card and other I think was also 90's but could have been 2000's
    • Who says you have to pay anything? When were the cards taken out..very pre 2000 even 1990's i bet!
    • I think now is the time to assemble a list of all the losses which have been incurred as a result of this. So were talking about the wasted money on the lease, the cost of repairs – and any ancillary expenses associated with alternative transport. Of course it would be a prudent thing to just double check the terms and conditions so that we don't end up with egg on our faces. But if everything pans out then the chances of success, if you decide to make a County Court claim, are extremely high
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Paratas Shortfall Claimform - Balance is all old GMAC Penalty fees


Please note that this topic has not had any new posts for the last 898 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Could someone please offer me advice for the following situation:

 

  • Had initial mortgage through broker with GMAC
  • House repossessed following divorce
  • £1000’s added in fees: missed DD; late payments etc
  • Spent six years with ccj but now with A++ credit
  • Paratas now coming after me for £5000+ repossession shortfall after selling the house

 

In fact I have to appear in court in the next week or so to face a money order claim for the shortfall.

 

My question is this:

is there anyway that I can make a counter claim in 2018?

I understand that several years ago people where making claims against GMAC but is this still possible today?

 

Another question relates to mortgage arrears capitalisation. What is it and is it likely to affect my counter claim?

 

I’m feeling rather desperate at the moment with the thought of finding £5000 to payout in the next few weeks.

 

Thank you in advance...

Link to post
Share on other sites

When was the house sold

Over 12 years ago , no they cant.

Within 12 years, yes they can.

 

Some lenders have an agreement albeit voluntarily, not to chase in line with normal statute limitations.

But some dont

Link to post
Share on other sites

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... 

Link to post
Share on other sites

If you owe mortgage capital

 

Mortgage capital is the money you originally borrowed. For this part of a mortgage shortfall debt, the lender has 12 years to use court action to make you pay. This is under section 20 (1) of the Limitation Act.

 

If you owe interest

 

Mortgage interest is the interest you were charged to borrow the money. Your lender may also charge interest after your home is sold. For this part of a mortgage shortfall debt, the lender has six years to use court action to make you pay. This is under section 20 (5) of the Limitation Act.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...