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gmac charges question


pipefitterplumber
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Maybe u can help i dont know if this is the rite thread, but here goes anyway.

 

........please bare with me im naff at story tellin lol..........

 

Last year i nearly lost me house to a company, GMAC they took me to court and i agreed with judge, and GMAC, to pay an additional £100 pounds a month to clear about £2500 id run up in arreas so i was payin £700 a month, £600 (mortgage) + £100(arreas).

 

Ok so i kept this up for about 5 months then changed my mortgage to kensington whom im now with.

 

When i changed they charged me about £5500 to change because it was within 2 years, which im told they have the right to do because they hedge there bets bla-de-bla so i assumed this was a lost cause gettin this back.

 

ive just been lookin over a few statrements i kept from them from after when i went to court and they say after id agreed to pay this additional £100 to reduce the arreas, every month they charged me £50 for bein in arreas and £15 for non payment by direct debit (paid over the counter at the time) this went onto the back of my mortgage so the arreas would still come down

 

So, first of all can i claim back charges from GMAC, £25 direct debit failure £50 arreas fees £15 non payment by direct debit etc, is it the same as the bank charges

 

second if i got a full set of statements from them could i be sly and ask for those charges + this £5k hopin they wont got to court for the charges and by not doin that have to pay the 5k aswell:confused: or am i best just stickin to plumbin lol:grin:

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Ok have a read through this forum it will explain what you can and clant reclaim.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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HI Pipefitter,

 

You can claim arrears fees and direct debit failures but not the 15.00 for not paying by direct debit or ERC.

 

Gmac are not the easiest to deal with but so far have paid out arrears charges and returned direct debits.. generally a few days before court.

 

I'll move your thread to the mortgage forum which is a sub forum of off other institutions.

 

Best of luck

 

Zoot :)

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thanks zoot,

 

If i went to court to get it all in the one claim would that mean to defend the erc in court they would also have to dissclose there costs on the penalties at the same time which they dont want to do.

 

 

also, this guy Tom Brennan the barrister taking natwest to court is doin things differently could this be used for erc's

 

If anyone is interested, here is Tom Brennan's website.

 

www.tombrennan.co.uk

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If i went to court to get it all in the one claim would that mean to defend the erc in court they would also have to dissclose there costs on the penalties at the same time which they dont want to do.

 

 

No they could pay out the charges and continue to defend the ERC. If you do them together this would mean the whole case would be fast track and GMAC would be more willing to go to court as they would be able to claim their legal costs if they win.

 

also, this guy Tom Brennan the barrister taking natwest to court is doin things differently could this be used for erc's

 

 

 

Tom Brennan is bringing an action for damages for unlawful intereference with an economic interest. As ERCs have been held to be lawful in three cases it would be difficult to establish the necessary cause of action for unlawful interference.

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pipefitterplumber

I have a claim against gmac for around 8000 pounds for charges .at the moment I am waiting an opinion from a Barrister as to whether as they had a repossession order against me they can charge erc I know you cant claim it back if you just swop mortgages but there might be and I only say might be a case that if they have a repossession order and because of that you are forced to move. I decided a few hundred pounds on a good opinion is better than looseing your shirt in court , I have claimed back the 15.oo non direct debit charges as they would not let me pay buy direct debit but we will see

I hope to have some news within the month so keep in touch

Bona

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