sharpgun v GMAC

[sharpgun]

r u saying that i can start again and if i do start again does it mean i can contest the defaults entered by them on credit file?

[bobbyh99]

r u saying that i can start again and if i do start again does it mean i can contest the defaults entered by them on credit file?

 

Yes, start again with the prelim and then the LBA. You probably need to tot up the charges again as the interest would have increased.

 

You can of course contest the defaults at the same time especially if the default was wholly or partly due to the charges piling up.

 

Once you get to the court stage, you can make it a condition of your POC to have the default deleted.

 

BobbyH

[saucy]

We have recently tried to start the process again with GMAC and got a letter this morning saying basically , tough too late. We should have gone to the FOB last year before Xmas but didn't due to illness, and then it was too late as the 6 months were up. Started up again with Capital One and got all my money back thanks to the FOB (waiting for the cheque now). Any suggestions as what to do with GMAC now? They gave us so much worry when we had our mortgage with them.

[bobbyh99]

I will answer on your other thread in a minute or 2.

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/144303-gmac.html

[sharpgun]

hi all sent prelim for the second toime 17th dec wil now send lba and see what happens

[saucy]

We sent a prelim to start again around the same time as you and had a 'get lost' letter in the post yesterday:-

 

 

Our records show that we have previously outlined our position in our final response dated 13 June 2007. We also reaffirmed our position in our letter dated 06 July 2007. It is for the reasons outlined; we are not looking to re-open your complaint.

We consider your complaint closed and as such, we have nothing further to add. It is for this reason we will no longer communicate with you on this matter.

 

We are not satisfied with the outcome of this and will just have to go down the court route now. Will send a LBA to them but dont expect to hear any different. We were hoping that the FOB could help if we started again, as they have just got all our money back from Capital One, but as the 6 months have passed I dont think they can. Has anyone else won against these mobsters?

[sharpgun]

we ll just take them to court then

[sharpgun]

ok had the second fob off letter now to court am going away to work for a couple of weeks but will start on return.

i cant remember how to start the next stage help would be appreciated

[saucy]

Rang the FO about GMAC not re-opening the case, and they said they could not help unless GMAC said they could, so rang them up and spoke to them. The man I spoke to said they were in their right to charge penalties. I told him we would take the case to court then and he said they would counterclaim and it would cost us a lot more. Scare tactics I guess. Has anyone ever won against these people? We are away for a couple of weeks too, so will start again later. Would appreciate any help available about what happens when you start the court case - it is quite scary!!

[sharpgun]

i dont think, below a certain figure they can counter claim, they will pay before you co to court as long as you follow the right procedure.

[sharpgun]

ok everybody need to start court proceedings which way do i go?

[sharpgun]

hello

[bobbyh99]

Hello Sharpgun

 

I am guessing you want to start the court process.

You can either complete N1 and take it to court or use MCOL. Personally I would use the N1 route. This way you can have a more detailed POC.

 

As for the POC, there are a few dotted about the site, but you need to make sure the one you use is relevant for your claim.

 

If you need assistance I am sure someone will be along soon to assist you.

 

BobbyH

[sharpgun]

anyone know a decent poc for above

please

[sharpgun]

hello

[saucy]

How far did you get with GMAC?

We are about to start the legal route now too.

 

How do we go about it people PLEASE HELP!!!

[sharpgun]

first of all send a sar, get all the information from them

[saucy]

What does SAR and POC mean? Last time we spoke Sharpgun, both of us were at the same point - starting with letters again and told to get lost. The man from GMAC even phoned me up and said that if we claimed through court, the would counter claim.

[sharpgun]

if you claim through the lower courts ie below £5000 they canot counter claim so dont listen to bully boy tactics sorry iu didnt gewt back to you earlier but i have been working away. you must send a sar first if you look in the library you will find a sar if not ley me know and iu will e-mail you one

 

sharpgun

[saucy]

if you claim through the lower courts ie below £5000 they canot counter claim so dont listen to bully boy tactics sorry iu didnt gewt back to you earlier but i have been working away. you must send a sar first if you look in the library you will find a sar if not ley me know and iu will e-mail you one

 

sharpgun

 

 

Going to sound thick here - what is a SAR?

[sharpgun]

a sar is a request for all information about you they hold they must by law send it to you within 40 days of the request

[saucy]

How did you get on with GMAC?

[citizenB]

if you claim through the lower courts ie below £5000 they canot counter claim so dont listen to bully boy tactics sorry iu didnt gewt back to you earlier but i have been working away. you must send a sar first if you look in the library you will find a sar if not ley me know and iu will e-mail you one

 

sharpgun

 

Does this mean if a creditor issues a claim against me for under £5,000, I cant counterclaim for non compliance of a Subject Access Request that is long overdue ?

[sharpgun]

right i am ready to go again what s the latest situation with claiming back fees from B/societies is it on hold or can we now claim again Ive been waiting to get thes bast***s back?

[Bona]

not sure but Im still battleing with GMAC