Abuse of Process GMAC

[martdj]

I am currently seeking to recover charges from GMAC,amongst others, and have become aware that the tactics they are using with me are identical to those used against others. Basically they only filed a defence on the 29th day and are seeking to have judgement set aside,also the counterclaim is similar to others ie threatening to claim their costs etc.

If all of us who have been treated this way were to put these facts in a statement of some sort that could be presented to the courts, then I am sure that GMACs solicitors, in my case Eversheds, could be shown to be abusing the legal process, for which i beleive they will then have to put up or shut up. What do you thinK?? perhaps it would work for other institutions too

[Bona]

We are fighting GMAC in the High court they use MrPitt at eversheds and abuse the process all the time the courts seem to take no notic is this what is happening to you

[dogwash]

I'm fighting GE Money, Gareth Vowles at Eversheds their solicitor. He too abusing the process. Asked Court for 1 month stay to try and negotiate settlement, which I opposed saying they had 3 months to try and negotiate settlement. I won they didn't get their stay. He then rang me and after a discussion we agreed to settle for £4,000 (full amount without 8% interest) then didn't contact me again. After several emails, letters, phone calls he said there had been no agreement and in any event any discussion we had had were "without prejudice" so couldn't be referred to in court. That was back in November. Still no further and received no response from him. So it's court on 19 Feb.

[Bona]

Dogwash

 

If you write to them a without prejudice letter stating what was said on the phone and all other points you can then produce that in court if you send it to the court just before the hearing say fax it to the court over night then ring and make sure they have it and it is on the papera and post it to them, takeing a copy with you to court the Judge will read it before they can say anything in our experience all the courts are aware of this abuse and you need to play them at their own game as long as the judge has read it if he thinks they are trying it on he will help you ( well that has happened to us but no always you have nothing to loose ) you need to get any agreement into the arena the fact that they have withdrawn it will not look good for them , Keep in touch

[Bona]

Dogwash

Just a second thought which branch of Eversheds are you dealing with and how far away from are they we deal with Cardiff so have to pay costs to London or our court which was miles away from Cardiff

any pattern there

[TideTurner]

Are these Franchises? Don't think so. Request a transfer of any hearing to your local Court, also keep copies of all expenses inc. time, travel, accomodation etc. and include these in your claim as Miscellaneous Costs, together with postage, correspondence, tel calls etc. The Judge will consider the position as you put it to him.

[ukaviator]

Dogwash

 

If you write to them a without prejudice letter stating what was said on the phone and all other points you can then produce that in court if you send it to the court just before the hearing say fax it to the court over night then ring and make sure they have it and it is on the papera and post it to them, takeing a copy with you to court the Judge will read it before they can say anything in our experience all the courts are aware of this abuse and you need to play them at their own game as long as the judge has read it if he thinks they are trying it on he will help you ( well that has happened to us but no always you have nothing to loose ) you need to get any agreement into the arena the fact that they have withdrawn it will not look good for them , Keep in touch

 

Hi Team

 

Please be aware of this when writing letters.

 

'Without Prejudice'

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

 

A mistake with the paperwork could be costly.

 

Ukaviator

[dogwash]

Thanks Bona. I will write to them outlining what has to date taken place and showing that I have made strenuous efforts to settle without court hearing. Take on board what you say about UKaviator but I can say that they rang me to negotiate settlement on 15 November and I offered to settle for £4000 for speedy settlement and I didn't make that offer "without prejudice" . However they rang me on 17 November and agreed to my offer - as far as i am aware that was not "without prejudice".

 

Tude Turner - costs not an issue in my claim it is in small claims court - my local court.

[feelingfine]

hello all

Just a quick note and i may be wrong ?

I had a mortgage with gmac and they used eversheds to take us to court for repossession, however on the day in court it was not a eversheds solicitor who turned up , it was a local solicitor "on behalf of" eversheds.

 

Eversheds as far as i know are based in cardiff and use local solicitors in the country courts if the court is a long way from them.

 

I am in essex, so sending someone from cardiff to romford county court would have been a bit of a slap for them?

I dont know if they have any type of franchise though?

 

Hope its of some use and keep us informed of how you get on with them!

[martdj]

I would be obliged if thiose of you who have had dealings with Eversheds could pm me with th the details ie late defences, judgements put aside, etc. I will then contact the court me claim is going through to quote these instances as abuse of process and inform the law society

[martdj]

I would be obliged if thiose of you who have had dealings with Eversheds could pm me with th the details ie late defences, judgements put aside, etc. I will then contact the court me claim is going through to quote these instances as abuse of process and inform the law society

[TideTurner]

Martdj,

 

You'll probably find that Eversheds are a data warehouse who use a complex case management solution to manage large numbers of accounts for the banks and mortgage providers. They did it with me initially and transferred the matter via a 'Notice of Ceasing to Act' for the Halifax, to a local Solicitor, who was basically a one man band (and his wife). The 'franchisees' then made a fortune out of common people simply by attending court and issuing papers for which they were allowed by the Bank to charge extortionate fees.

 

Interestingly, the same firm of Solicitors changed their name three times!

 

What's that all about?

[Bona]

Thanks for all the information everyone, GMAC have to serve us their itermised costs buy Friday 4.00pm, this will include all thier expenses. It will be interesting to see. We will then have a costs hearing .Allthough we have paid the costs as they took them when we redeemed the mortgage we hope to get a substantial amount back. We will be asking the court to make an order to have all gmacs other costs (not solicitors ) assessed as well, at the moment they are oposing us, so we need to get some amunition for the hearing any ideas!!!

[FANTASY CHARGES]

just did a quick google on eversheds and found a case study of them here is the link ........ suggest you do a thorough google on them you never know what claims to service you might find .... they quote words like best practice ... costing all work accurately in advance .....

link

The Times 100 - Edition 11 - Eversheds Case Study Summary

 

just found that eversheds have been used as an investors in people

case study ..... another link below

 

..a complaint to IIP might be an idea

 

 

Investors In People - Case Studies

[Bona]

Thanks for that I have had a quick look and there is definatly some usefull stuff

[martdj]

Here is a copy of a letter I have sent to the Law society,

 

CCS

Victoria Court,

8 Dormer Place, Leamington Spa,

CV32 5AE

 

 

19 January 2007

 

 

 

 

 

Dear Sir/Madam,

 

 

I am the claimant in a small claims case against GMAC-RFC. This is a claim for the refund of unlawful charges applied to a mortgage account I had with this company.

 

The defendants solicitors are Eversheds 1 Callaghan Square Cardiff, their reference is xxxxxxxxx.

Judgement was granted in this case by Northampton County Court on 28/12/06 as the defendant had not filed a defence, however on 4th January 2007 I received a copy of an application notice that they intend to have the judgement set aside.

If this were a one off application in these sorts of cases it would be acceptable, but this appears to be a tactic that this company, and others, employ in order to delay the settlement of the case. It is therefore an abuse of the courts process.

 

I can provide examples where this tactic has been employed in other cases should you require these.

The case is very simple in its entirety and in no way would warrant an undue delay.

I have enclosed a copy of a letter I have sent to Dartford County Court.

 

I look forward to receiving your comments.

 

 

Yours faithfully,

 

Martin Johnson

 

 

 

Lets see what happens now!!

[joneshousehold]

Have a look at this link I found on the Glenn v Abbey thread

 

Privileged, Without Prejudice, and Without Prejudice Save As to Costs documents. - Alway Associates

 

It is very interesting.

just because documents are marked “Without Prejudice”, unless they are intended to be part of a genuine settlement attempt they will not actually enjoy “Privileged” status and they will not be protected from disclosure.