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Template letter for person in mental health unit?
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elsien
Posts: 36,125 Forumite


Is there a template letter to use for someone who is sectioned and in a MH unit which they are currently not able to leave to get to the bank to sort out any financial arrangements.
Debt collectors letters are accumulating but the person has no-one they are willing to nominate to discuss the situation with companies on their behalf. They do not have or want an appointee.
Can anyone suggest what should go into a letter that the person can send explaining the situation and asking companies to hold off on charges and court action until the person is in a position to deal with it. Phoning them with the person has not worked for reasons I would prefer not to go into. Phoning any of the money advice agencies is not going to work at the moment either.
Thanks
Debt collectors letters are accumulating but the person has no-one they are willing to nominate to discuss the situation with companies on their behalf. They do not have or want an appointee.
Can anyone suggest what should go into a letter that the person can send explaining the situation and asking companies to hold off on charges and court action until the person is in a position to deal with it. Phoning them with the person has not worked for reasons I would prefer not to go into. Phoning any of the money advice agencies is not going to work at the moment either.
Thanks
All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.
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Comments
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Hi
I don’t know of a specific template letter but we do have a general ‘hold action’ letter you could use as a basis for now:
www.nationaldebtline.org/EW/sampleletters/Pages/Hold-action-on-your-account-%28sole-name%29.aspx
The set of rules on debt collection are called the Consumer Credit Sourcebook (CONC) and include a section on how people with mental capacity limitations should be treated in section 7.10.
www.handbook.fca.org.uk/handbook/CONC/7/10.html
You could request that collection activity is suspended as per:
CONC 7.10.1
A firm must suspend the pursuit of recovery of a debt from a customer when:
1. (1)
the firm has been notified that the customer might not have the mental capacity to make relevant financial decisions about the management of the customer's debt and/or to engage in the debt recovery process at the time; or
2. (2)
the firm understands or ought reasonably to be aware that the customer lacks mental capacity to make relevant financial decisions about the management of the customer's debt and/or to engage in the debt recovery process at the time.
And
CONC 7.10.2
A firm should allow a customer or a person acting on behalf of the customer a reasonable period of time to provide evidence as to the likely impact of any mental capacity limitation on the customer's ability to engage with the firm.
I hope that helps.
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
May be some other useful info here
http://www.malg.org.uk/other-useful-debt-and-mental-health-documents/
and here
http://www.moneysavingexpert.com/credit-cards/mental-health-guide0
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