Advice please on claiming mortgage charges

[WILKINSS208]

;)Hi

I reclaimed mortgage charges in 2005 and I have just started to reclaim the charges again since this date.However, they are saying I signed a consent form to state I would not claim any further from the company.

Where do I stand here?

Please help

[kennythecelt]

Hi there

 

I replied to this on your other post.

 

They have made you an offer. Is it for a different mortgage with GMAC?

[WILKINSS208]

no same mortgage. said gesture of goodwill

[kennythecelt]

Gesture of goodwill was normal condition.

 

You can safely hold out for the full amount and they know that- also claim interest.

 

Was there PPI with it, if so, claim that back.

 

Have a read of this and refer to it. Keep everything in writing and keep copies.

 

http://www.gmacrfc.co.uk/render.aspx?siteID=1&navIDs=1,1061

 

Good luck!

[WILKINSS208]

thanks for your rely really appreciate it....

 

i am going to pursue but by which route? fos or court?

 

does the document i signed consent to not claim, stand for anything?

[kennythecelt]

Its not a problem.

 

You need to exhaust the complaints procedure with GMAC first. I think they will give you what you want during that process, and they have already made a first offer, take encouragement from that. This is just stalling.

 

Keep copies of everything in case its needed for later, everything in writing.

 

If you are unsucessful, then refer it to FOS. FOS will need to see you have exhausted complaint procedure.

 

Court requires that you have exhausted all available routes. I don't see it getting to that stage. Be firm and remember you are in a strong position. The Supreme Court decision did not affect charges on mortgages, loans, credit cards, catalogues etc.

[WILKINSS208]

Its not a problem.

 

You need to exhaust the complaints procedure with GMAC first. I think they will give you what you want during that process, and they have already made a first offer, take encouragement from that. This is just stalling.

 

Keep copies of everything in case its needed for later, everything in writing.

 

If you are unsucessful, then refer it to FOS. FOS will need to see you have exhausted complaint procedure.

 

Court requires that you have exhausted all available routes. I don't see it getting to that stage. Be firm and remember you are in a strong position. The Supreme Court decision did not affect charges on mortgages, loans, credit cards, catalogues etc.

 

i have done everything, sar, lba etc....they have contacted me several times via telephone to try and brush it off with £180.

i didnt know how the court or fos would see the signed form if i reclaimed again.

will i contact fos now then? can i do online

[kennythecelt]

Don't do this on the phone as there is no record. Please keep everything in writing.

 

Write to them referring to their offer of £180 made on the telephone on whatever date and state that you wish the full amount and interest at whatever sum that is. Say that you know the SC decision does not impact on mortgage late payment charges, credit card charges etc. Indicate that you are quite prepared to refer the matter to FOS, if after 28 days you do not receive full and final settlement. Following that, you will raise a small claim action. Remember to refer to the information on the GMAC web site I referred to you.

 

At the end of the day, this is a decision for you. Would you be happy to settle for £180??

 

However, I don't think you have exhausted the complaints procedure yet, which is necessary before you refer to FOS, which yes, you can do on-line. Please don't rush ahead into the other courses of action yet. Think then act.

 

I hope that helps, does it?

[WILKINSS208]

but ive wrote that, and they wrote back saying would only give £180 and my threat of court action means nothing as signed consent form.

i have referred several times to the gmac fos decision, etc etc and still they say i dont have argument.

i think its time to go to fos as i have done everything

[kennythecelt]

OK thats fine, its your decision after all.

[kennythecelt]

Sorry, I forgot to say Good Luck!!

[WILKINSS208]

thats fine ha ha

i just hope i havent just thrown £180 away

[kennythecelt]

If you need further advice, just ask and please let us know how you get on.