Can I consolidate debts of husband if he is unable by using power of attorney?

purplefiona

localhero wrote: »

I agree that an ordinary power of attorney could suffice. The disadvantage of that over the LPA is that if mental capacity is later lost for whatever reason the power would come to an end.

However with the LPA it would continue.

Thanks for your advice. I'm sure he won't lose his mental capacity any time soon! i'm only expecting to have to do this for a short while until the problem is sorted,

localhero

Best of luck with your task Purplefiona.

Remember though that an accident can happen at any time that could affect mental capacity.

RAS

PF

Before you get too involved, it might be a good idea to learn about Consumer Credit Agreements, the Statute of Limitiations and your partner's rights under the OFT Guidelines, if you are not already well up on them.

Unfortunately if mother has been paying dribs and drabs the Statute of Limitiations may not be much use but you never know.

peb

localhero wrote: »

The Lasting Power of Attorney differs over the Enduring Power of Attorney (it's no longer possible to arrange an EPA) in that before it can be used it must be registered.

The donor or any of the attorneys can register the LPA anytime whether or not capacity has been lost, though most donors postpone when their attorney(s) can act until they have lost mental capacity.

Most solicitors or willwriters will charge £150 - £300 for one of these, though my own firm charges a lot less than this.

Thanks - I don't think I have come across an LPA, just the old EPA's and the generals.

peb

I think we've got off on a bit of a read herring here - apologies purple fiona.

I don't think any form of attorney is worth while - as RAS says there may be other solutions, if his mother has been paying dribs and drabs then maybe he still has not acknowledged the debt so maybe the Statute of Limitations may apply? Just a thought.

Good luck whatever you decide.

purplefiona

RAS wrote: »

PF

Before you get too involved, it might be a good idea to learn about Consumer Credit Agreements, the Statute of Limitiations and your partner's rights under the OFT Guidelines, if you are not already well up on them.

Unfortunately if mother has been paying dribs and drabs the Statute of Limitiations may not be much use but you never know.

Aha ok I'll take a look- Where might I find details on the above? One of the companies stated on the phone today that if he is made redundant then he is insured. He is self employed though, only one day a week. Oh and before anyone mentions benefits, thats a no I'm afraid. Tried that.

RAS

purplefiona wrote: »

Aha ok I'll take a look- Where might I find details on the above?

Will post some links in a mo

purplefiona wrote: »

One of the companies stated on the phone today that if he is made redundant then he is insured. He is self employed though, only one day a week.

But first I think you need to acquaint yourself with the PPI reclaim guide, as a self employed person sold insurance for redundancy has definately got a mis-selling case.

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

RAS

There are links to the factsheets to read and letters to write if the debt is 'statute barred' in this link.

Link/click here.

Nicked from fermi

But I suggest that this is your starting point as reducing the phone calls would do a lot for his mental state.


You need to send a letter telling all the creditors to stop telephoning you. It may take time to take effect, but if you can stop mother answering the phone and dealing with them, it will work.

So send this first letter registered post. If they make any further calls after it is signed for, then she needs to send the second letter and copy in the Information Commisioner, the OFT and the Trading Standards office nearest the debtor's office.

No it is guaranteed to stop them but if you

1.Point out it is your right under the OFT Guidelines.
2. refuse to answer security questions.
3.Advise them that you are recoding the call

they will take the hint.


Phone letters from fermi

Something along the lines of:

Quote:
Dear Sir / Madam,

Re accounts ref

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,

A list of good contacts to whom you can complain formally if they make a nuisance of themselves.

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm


And then if you get any more calls:

Quote:
Dear Sir/Madam,

Ref. 1234567890

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

RAS

Is there any chance of getting him to talk to a debt charity? If not, then you need to do this.

Also send a CCA letter to any creditors with whom he has loans catalogue debts or credit cards. It does not cvoer telelphone contracts or bank accounts.

purplefiona

RAS wrote: »

Is there any chance of getting him to talk to a debt charity? If not, then you need to do this.

Also send a CCA letter to any creditors with whom he has loans catalogue debts or credit cards. It does not cvoer telelphone contracts or bank accounts.

Thanks for all this. Its the talking that is the problem. He literally freezes, poor thing, and cannot speak at all. I fully expect him to improve with treatment- but its getting it, though the waiting game is almost over for that, thank god.

What is a CCA letter? Is it what you've put there above?

Brilliant advice. I was feeling quite hopeless this morning but you guys have really cheered me up