Disabled and with debt 20k+ Legal Action

smsmasters

I have a family friend whom I have known ever since I was young, and I consider her to be like a "grandma". Last October 2005 she had a stroke and until now she is paralysed in hospital and is unable to move at all. She is entirely dependent with everything now.

Now, the truth has come out and now it is clear that she has debts of over 20k+, she is unable to work now since she is disabled. There have been numerous letters coming through her house regarding her debts and about possible legal action, and with threats of the bailiffs coming to her house and reclaiming her possessions. The citizens advice bureau is aware of her situation and is doing all she can to help.

In her situation, being disabled and unable to work and pay off her debts, what will the bailiffs do? Will she still have to pay off her debts or will it be deducted from her pension?

Thanks

fatbelly

Hopefully, the CAB is writing on her behalf (was she able to give them authority to do this?) to her creditors and putting the situation to them. A doctor's letter might be valuable in this case.

Any half-decent lender would then stop the harassment and threats - that doesn't mean they'll write it off.

You'll know if you get your info from this site, rather than the BBC, that bailiffs cannot be instructed until there is a county court judgement, and it has been defaulted on. Even then, they cannot force entry.

Turning_into_scrooge

I think you've done the best thing in contacting CAB. Do any of her credit card/loans have insurance on them ? does she own property? have savings of any great amount? Bankruptcy may be an option but if the lady is paralyised can she sign her name? my father is still in hospital with a stroke that occured in November, his left side is classed as parylised but he can write with his right hand, he also has full facuties on thinking etc. Have a look on google and search for the stroke foundation/support group for the U.K. there should also be one at the strok unit where she is, they may be able to come in and help here. It's not a straight forward situation you do need help from the right areas so please do contact the stroke groups and also she should have a social worker assigned to her also occupational therapy can sometimes help whith these things. Any comapny that sends the baliffs in to a very ill person like this would be extreamly frowned upon by the OFT and trading standards. HTH and good luck

davek1

I wholehaeartedly endorse what fatbelly has said. I woudl also add taht despite my own gripes about lenders no lender is going to want to be seen that callous that they would pursue this in the current situation. There is a risk of really adverse publicity for any lender if that got into the public forum.

Having said that she is going to have enough to deal with getting herself on the mend without worrying about debt and finances.

You dont say how old your friend is but if she is of pensionable age then it might be worth contacting age concern who can often help in these cases. If your friend can't give consent for a 3rd party to act on her behalf then get a letter from the consultant treating her explaining her health problems (just get it addressed to whom it may concern) get hold of all her creditor details (obviously telling her what you are doing) and send a copy of the Doctors letter to each of them just explaining the current situation and that she is unable to deal with things at the moment, but you will appraise them on a regular basis.
Dave

smsmasters

She is 69 and is a pensioner. She has complete left sided paralysis, but she can use her right side. Since I'm a close friend of hers, she gave me permission to look at all her financial papers, etc. It seems she is in arrears and to be honest, she has practically no savings. It's sad to know that she's the sort of person who spends without thinking, and now she is disabled and in debt.

She rents a flat, but even before she had trouble paying for the rent, telephone bills etc. But she seems to worry less, now that the she knows the CAB is helping.

Yes, the occupational therapist has visited her flat, but has stated that it may not be suitable for her. There are 4 flights of stairs!

loubie_lou

I think the permission that she has given you will need to be formalised by a soliciter. Is it called legal power of attorney or something like that?!

miaow-moo

A Power of Attourney (spelling?) is a recognised legal process whereby you take control of someone's affairs. Each bank has their own preferred process of setting on up so try giving them a call and explaining. The person you get through to might not have a clue what you're talking about, so you might need to ask to speak to the team that deals with deceased customers as it's normally the same team. You may need to consult a solicitor, so I'm told. See what the banks say first.

I wish you all the best with you friend.