Debt and Mental Health

goodeys

Hi Guys,

I suffer with severe anxiety and post natal depression which resulted in my being admitted to a psychiatric clinic for some time and i am still under the care of the local mental health time as an outpatient.

Since my illness has started I have been unable to keep up with my payments. I have written to my creditors explaining the situation and have offered them a token payment of £1 for 6 months or to be revised before if my circumstances change. So far they have all rejected my offer. I do not have any spare money other than this and I wanted to pay something to show that I am willing rather than nothing at all.

My question is, should they not be a bit more accomodating given the fact that I am suffering from ill mental health, can they really take me to court, would the courts not favour me given my circunstances?

I want to write back to the creditors who have refused my offer but I wnt to know if there is any law or something protecting me from their persuit of arrears as I have offered a payment. I don't really know where to go from here.

Sorry for the rambling but any help will be greatly appreciated.

many thanks

MessyMum

Hi there,

I'm afraid I don't know the answer hun, Have you spoken to any of the free debt charities?? CCCS, National Debtline, CAB?? I may be completely wrong but I am sure I read something about a letter from your Dr if you suffer from mental health issues, give them a ring and they should be able to tell you.

I hope you get the answers you need, I had PND after my lo was born in 2007 (though not as severe as yours) and understand that being chased for debt is the last thing you need right now.

Take care MessyMum xx
Keep making the £1 token payments for now, as it looks better on you that you are dealing with the debt.

goodeys

Thanks MessyMum. I have spoken with the National Debtline who advised me to explain my situation and offer token payments, and I know that they said something about my circumstances and that they should take these into account and not harrass but I can't remember what the term was called. Seems that I lost my marbles and my memory.

looktothefuture

I've pm'd you a letter which can be adapted to suit your own circumstances and could be used to advise the company that you believe that your personal circumstances fall within the category of “vulnerable situations” and requesting that the case be returned to the local authority or accepting repayment proposals.

Hope this helps!
xxx

goodeys

looktothefuture, thank you so much. Not sure whether I specifically fall into any of the categories but I'll give it a go. You are a star! x

looktothefuture

Goodeys, I didnt think I did either...! I was just very stressed over having to deal with my debt as well as spending hours and hours on end at the hospital with my mother in law while she was ill... she eventually passed away but at least my creditors knew about my state of mind! This letter helped, especially when she did pass away and I had to re-establish proper contact/payment with my creditors... they were ALL very helpful and compassionate!

RAS

Hi

Read this so you know which bits they have broken

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

System

Hi goodeys, I hope you get the results you want. Certainly talking to the creditors and telling them how you are will help. I would imagine if they continue to be unreasonable they would not be looked upon favourably. I wish you well. Len

System

I forgot to say that my mental health has suffered both in the build up to my LBM and strangley afterwards when my life became significantly better; I had and maybe still have ever so slightly, self worth issues. Good luck x

goodeys

Thanks for all of this. Although having read the OFT link it seems that they only take into account your mental health if they are visiting you! Guess that they are well within their legal rights to pursue the debt by any means other than doorstep visits, so I guess that court is more than acceptable.

lolababy

Hi you need to get someone to advocate on your behalf. Phone mind and they will advocate for you. . Creditors cannot hound you and you have done the right thing in offering token payments.
The mental health team usually have someone they can refer you to who deals with benefits ect. They can also write letters on your behalf.
You dont say who your creditors are. If they are utilities there are funds to help you pay them. Banks will accept as little as a pound a week. I know Iv done it.
Do you know if your claiming all that you are entitled to.