GMAC Claim Advice for Lisa - Please!!!

[lisa-duff]

:confused: I was unfortunate enough to get sucked into getting a mortgage with this Company in 2000, got completely in over my depth as husband was self-employed and we have two young children, we we incorrectly told by financial adviser that we would be paying 3% over base rate for 2 years and would then go back to high street rates. Struggled over the 2 years and had arrears charges added to account. When the 2 years were up I called GMAC and was told that high rate would continue indefinately, I called FA and was told that what he meant was that after 2 years we were free to go to the high street.

 

It got to the point in 2004 where were were being charge £50 a month arrears fees and £50 litigation fees as were now being taken to court for repossession, this was very stressful and we finally sold our house and rented for a year.

 

I read on this website it was possible to reclaim these charges so asked for statements and sent LBA on Monday asking for approx £2,000, this was made up purely of arrears charges. Today I received a letter from GMAC refusing refund and letter informed me that the charges were properly debited to account in accordance with conditions of the mortgage and referred to condition 10.3 of contract whichc makes it clear their tariff of charges.

 

Does this mean that I don't stand a chance or shall I now file a claim at court? They say they will not treat letter as formal complaint. Do I still need to wait 14 days before filing? They say they have referred the matter to their legal team at the Bracknell address.

 

Please is there anyone out there who can assist me with this????

[Bona]

That is standard they are paying out just before a court hearing did you pay erc Im taking GMAC on like quiet a few others read the links and you will see then get back if you want advice

[lisa-duff]

I did not pay an ERC because I was with them for 5 years. I just want to reclaim monthly arrears charges. They had no qualms about taking us to court and added all sorts of charges to final bill. I have read some real horror stories on this site - does anyone know how CatherineBear got on with her claim??

[lisa-duff]

I recently had an email pointing out the FSA's large fines on certain mortgage companies and after doing a little searching found an article relating to GMAC and their bad conduct in the past. I wrote to them in 2007 asking they to repay unlawful charges incurred between 2000 and 2005 and they declined, it was just after this that we were awaiting the outcome of the bank charges case and things were put on hold. Does anyone know if I can now claim for these charges (approx £3k with interest). I have just called them and they said they wrote to me at my old address in 2009 offering a refund of approx £21!!!! They have said they will look over my original letter of 2007 and revert back. What steps can I take and do I have a case? Thanks

[Bona]

The FSA have ordered GMAC to pay back the DD fees which were incurred after 2005 when the FSA came into operation. Before that there was a different body supervising I dont see why if it was wrong in October 2005 to have been charged that it must have been in September 2005 and before . I therefor intend to seek back those charges although many could be said to be out of time I believe that it becomes possible as we only found this out on the publishing of the FSA final notice. I sugest other people do the same I should be able to claim in the small claims court. I have tried every other way of getting these charges back but GMAC refuse to answer letters.