Help Gmac Ltd Are Taking My Home

[storm]

It appears you haev a bit of an ego problem and quite clearly do not know what you are talking about, and have not readm the thread properly

 

I suggest you read it again, it shouldn't be too diifficult as nothing is joined up

[Nightmare4banks]

storm,please keep it simple as I am trying to answer as many questions as possible in a limited periood of time that I have available.

 

You raised the question about the Norgan case ,didn't you?

 

Well to answer the question correctly I would need the answers to the list of items mentioned in my previous post.

[storm]

I raised the question as to how it would help friendgeorge (everything I have been posed has been relevant to her problem)

 

You suggested this as the best option, but she only has 7 months of her mortage term left, so how on earth would this be any benefit

 

With that time left she would be paying ovr £300 on top of regular payments

[Nightmare4banks]

storm,without being rude or disrespectful I do not think you are in a position to judge me or my knowledge and if you are not happy with what you read I suggest that you keep shtum unless you have your own sensible constructive arguments/comments to put forward for the benefit of all concerned.

 

I joined this forum to learn and also help people and not to enter meaningless flaming posts.

 

Notice to mods:I am not entering into a flaming match with storm and have said what I want to say and the matter is closed.My sincere

apologies.

[storm]

Again, I ask how does the Norgan case help friendgeorge?, and do you really feel the house will go at anywhere near full valuie if repossessed

 

I too will now leave, I am genuinely concerned there is misinformation being given out, if Nightmare4banks or anyone else corrects me then fair enough

[Nightmare4banks]

storm,

 

In order to help friendgeorge:

 

1.I would need the exact figures/information quoted in my previous to work out the amount and apply Norgan.

 

2.The case of Skipton Building Society V Bratley & Another is a case where Bratley took Skipton to court for a large shortfall in selling the property at rock bottom price.The lawlords ruled that Skipton had "a duty of care" and was negligent in the way it sold Bratley's property.

 

This is not up to any mortgage company to decide.The highest court in our country has decided it.

 

JUST TO ADD...

 

If friendgeorge had the property repossessed for example and it was then sold by GMAC,GMAC has the duty of care in obtaining the best price.If it fails to do that friendgeorge would have redress under the Skipton V Bratley case which would need to be backup with valuation evidence to determine the shortfall.

 

Personally,I do not think there would be anything to be concerned about on this front.The main concern would be the late payment fees and excessive legal fees etc.

 

You say there is misinformation,please clarify exactly what you mean backed up with your own arguments/comments?

[Bona]

I was with GMAC and I can say with confidence regardless of what the law states you do not want to go down that road and I speak from experience we stopped a repossession by applying for an order for us to sell our house under the law and property act GMAC fought us all the way eating in to any equity with costs which we are fighting allthough I know they have a duty to sell the house for what is reasonable they dont and who can afford to fight them we have a costs billl of in excess of fifty grand which we are disputing friend george needs to get in an application and take it step buy step a solution can most probally be found when we know more

[Nightmare4banks]

Bona,in reply to your post:

 

1.The Law & Property Act(LPA) is a slightly different ballgame as it involves using a company(normally a chartered surveyor in the case) to collect rents on behalf of a landlord/landlady who has defaulted on the mortgage with the view of collecting the rents and passing them onto the mortgage company less the management fees say 10% of the rent.Also,to evict tenants that are occupying a property without the consent of the mortgage company.

 

2.There would be the option to look into selling the property by the LPA.Again there is a duty of care in this instance but Skipton V Bratley would not apply because the LPA.

 

I will put more details later as I must go now.

[storm]

nightmare4banks

 

You are right in the fact this is about helping friendlygeorge

 

This is in no way intending to start another argument, but all the questions you have raised regarding arrears, payments, mortage term etc have already been posted. This is why I believe you haven't read it through

 

friendlygeorge only has 7 months left of the term, and arrears of 2,293-41. This means applying Norgan would mean adding another £327 on top of her regular payments to clear the arrears in that time, which makes the Norgan case no good, as she doesn't appear to be in a situation to do that

 

Norgan is actually only a good precedent if you have a long time left on your mortgage

 

Again, if I am wrong please anyone feel free to shoot me down

[Bona]

Sorry but under the section of the law and property act we used the Judge gave the conduct of the sale to us it had nothing to do with and chartered surveyor , this way out was mutted in the Apeal Court and returned to the high court to put into practise we then sold our house ourselves and gmac could do nothing about it

[friendgeorge]

Hi all

 

i think i've started something here today? sorry? anyway went up to the court today and nobody was avalible to see me talk to me aprt from a security guard so due to a hospital appt. i had to leave but i am going up Monday. Also paid £500 off the arrears as well, so we are feeling a little better. Done my shopping today at aldi so saved a load of money, anything left by monday and i'll put that off the arrears as well. I am really confsed at all the info given but i have an appt. with my local CAB Tuesday, which i have had to cancel just now via email, but i should have an appt. wed/thur the email said if i could not make Tues. Also got hold of shelter, which helped me the last time. But we have looked into getting a secured loan, and someone is getting back to me Monday about it. For £4000 over 9 years is about £56 a month apr is sky hight and i am not sure we will get it yet any way, but it will pay the arrears and also my council tax arrears, and some of 07-08 council tax as well, as we have moved up a band since last year i am paying around £900 council tax a year now.... it was only £698 last year..... and it will pay a few other bills, once the arrears are down we can get back on track and pay the monthly mortgage again, until we re-mortgage in a few months, but i am looking around. Well thanks all and any more info would be great and thanks so much, i feel better today

[Bona]

Please dont do anything for the moment and take no notice of the tiff

You are the important ones on this thread take itstep by step first get your application in dont pay any more off the arreas yet put itin the bank till you know what is happening then work out what you can pay over the next three months can you pay the monthley instalment can you pay a little of the arreas look at it over the weekend and post when you have had time to reflect

Keep your chin up

Bona

[gizmo111]

friendlygeorge only has 7 months left of the term, and arrears of 2,293-41. This means applying Norgan would mean adding another £327 on top of her regular payments to clear the arrears in that time, which makes the Norgan case no good, as she doesn't appear to be in a situation to do that

 

Norgan is actually only a good precedent if you have a longtime left on your mortgage

 

As I understand it friendlygeorge has another 7 months where he is tied in to this mortgage, not when the mortgage term is up, so plenty of time left on mortgage.

[Amanda Taylor]

Hi there

My Heart goes out to you I dont know how Gmac get away with it? they are well known in the courts. I know this as i work above the court I was told by a lady who works for the courts.I got representation in court through housing needs. They were very helpfull. I am lucky though i got away from Gmac, It cost me approimatley 7k to get away from them in ERC & additional fees.But at least ive managed to keep my house, there is help out there:)

I wish you all the luck in the world.

[friendgeorge]

Hi all

 

just an update really, and a big thank you to everyone whos advised and just gave well wishes. Well rang the court this morning just to ask what to do etc. and they told me that GMAC did not issue a new posession order it was from last year, as the judge last year suspended for 12 months, that's all they had to do was ring the cort and send the relevent papers to the court for him to award posession..... i am so shocked, anyway they also told me that an posession order would not be given out until at least the 30th March and then they could not evict us then, the court manger was quite laid back about it, and i explained or circumstances and she told me that i should go an seek advice if GMAC did not listen to us when we explained to them or situation???? also we do have to pay the £35 incapacity benifit does not count, and my DH low wage does not matter either, but if we were getting JSA then we wold not have to pay the fee..... i don;t understand that, i have to pay for my prescription as well, and i am ill JSA people can work, they just can't find work, but i am too ill to work, but yet i have to pay for everything??????? anyway i am off up to the court in a bit to fill in the form thanks again, still have not heard from CAB yet though re another appt. but i have had a few phone calls re remortgaging in November/Dec and we have been quoted quite good rates for adverse credit

[Guest Partypip]

well done, it is a step in the right direction.

 

I would go to/phone the job centre/benefits people, explain your circumstances to them and ask what you might be entitled to. this website may also help you entitledto

 

Could you possible work at all - even a part time job - take anything at all? anything to boost your income.

 

Take a look at your income expenditure. Can you cut things out at all. To be rather blunt, but I mean this is in a nice way - it might be better to do without things like a phone, mobiles, sky, television etc if it means you keep a roof ever your head. It would be short term just until you got back on your feet again. I think in order to move forward you need to be able to make the payments on your home, but if not, perhaps as others have said, remortgage, or downsize.

 

Good luck with remortgaging as well. Perhaps you could see a financial advisor - try and find an independant one.

[friendgeorge]

hi all just a quick update. Well we have got a loan for £5000 don't know why they won't give us more, but hey it's a step in the right direction, anyway they told me that if we had arrears on the mortgage that the loan would have to pay them first then pay the car off, so we have been advised either pay what we can now on the arrears, or explain to the court in the form we filled in that the arrears will be paid off with in 2-3 weeks, what do you think we should do? anyway another bit of good news had a cheque sent saturday morning for £402 from Natwest, but they closed the account so this can go off the arrears as well.

[Bona]

Glad things are working out dont take on more than you can cope with

Bona

[craigamc]

Hi all

 

just an update really, and a big thank you to everyone whos advised and just gave well wishes. Well rang the court this morning just to ask what to do etc. and they told me that GMAC did not issue a new posession order it was from last year, as the judge last year suspended for 12 months, that's all they had to do was ring the cort and send the relevent papers to the court for him to award posession..... i am so shocked, anyway they also told me that an posession order would not be given out until at least the 30th March and then they could not evict us then, the court manger was quite laid back about it, and i explained or circumstances and she told me that i should go an seek advice if GMAC did not listen to us when we explained to them or situation???? also we do have to pay the £35 incapacity benifit does not count, and my DH low wage does not matter either, but if we were getting JSA then we wold not have to pay the fee..... i don;t understand that, i have to pay for my prescription as well, and i am ill JSA people can work, they just can't find work, but i am too ill to work, but yet i have to pay for everything??????? anyway i am off up to the court in a bit to fill in the form thanks again, still have not heard from CAB yet though re another appt. but i have had a few phone calls re remortgaging in November/Dec and we have been quoted quite good rates for adverse credit

I would be interested to know who you have remortgaged with or who the offers can from?

 

ta

craig

[friendgeorge]

Hi Craig it's norton finance the loan is from quite high apr bt hey we have always had a bum deal with apr, since we went with SPML a few years ago. The remortgage we are starting in sept this year is a guy based in Cardiff he's a independant financial advisor from moneysupermarket, he rang again yesterday just taking some dets, he seems lagit?

[davidp1948]

Sorry to crash this thread, but NIGHTMARE4BANKS can you empty your inbox as I'm trying to PM you and the in box is full.

 

Sorry everybody for this off thread enquiry.

 

Regards dp

[friendgeorge]

Hi all just an update sorry i have not written sooner but we have been undergoing fertility treatment so really busy and unwell, anyway went ot court with shelter in tow and well the judge hated GMAC and their solicitor for TLTthe solicitor was trying to use some section 6.35 (don;t ask cos i don't know) my and emma from shelter just sat there with a frin on our face, jst mesmirised at theis TLT socicitor and the judge arguing with each other, anyway after 30 mins yes 30mins the judge said that TLT was waisting my, his and shelters time and that he ruled that as i had got the loan in place that i pay the arrears when i can, yep "when i can" and not to worry abot the time limit cos if TLT came back to court to try and get my home the judge promised me he would not allow it, he also told me that if i wanted to get out of the loan and just pay an extra £20 per month off the arrears that he cold do this for me, and he also said that in his opinion i shouuld charge mortagage companies due to gmac being the lowest of the lows when it comes to peoples money and homes, we were gobsmacked, he told me that just that day he had 7 cases for reposession for gmac in that little court and he had had enough of gmac thinking that they can threten people with reposession to get their homes, and that gmac don't want the money they want people property, well can yo believe it, i have never heard a judge being so against a company, and the judge also said he wants to do somehting about companies like gmac, and stopping them threten and treat people like myself in a unhumane way. Just off the subject a bit i haad a mortgage statment from gmac yesterday and got a few questions if anyone knows i have been with them since dec 06 since then i have paid and been charged the folowing solicitor fees of £863.25 which £200 is in solictor insurance?? WHAT THE HELL IS THIS CAN SOMEONE ADVISE AND ALSO PAID £1653.25 in charges to gmac for arrears, not paying via dd and so on, what do you think, another things the judge was disgusted with that due to me not paying via dd i had to pay £15 a month he could not believe his eyes was his words, and told me to get on to it.

[Bona]

Sit tight I have a costs hearing which will be listed in the next 6 weeks for our solicitors cost hopng to get them halved and have taken advice re charges which I am about to claim back will be in touch

[friendgeorge]

great thanks Bona will keep a look out for your post