My Dad with dementia signed 8K credit agreement

mikkir

My Dad at the start of December traded in his c4 picasso for a normal c4, I was working and the first I heard of it was when he asked me to take him to pick it up on a Saturday as he wanted a smalller car. When we went in he asked me to sign the agreements on his behalf as his athiritis was playing up. This I did reluctantly withour really reading the deal through.
Skip forward 1 month and my dad was in hospital for a lung op, from that date he never really recovered mentally and it turns out he has dementia and that for the previous 3 to 6 months me and mum had been compensating for him and not really noticed his illness.

We have now got him in a home that costs 1200 per month that my mum has to pay as both my parents have worked hard throughout their lives.
The problem is that my father traded in his car for another one at 10.5k and has 8k outstanding on it the car is currently worth 9 to 9.5 k but none has that kind of money hence no sale for the last 2 months. The monthly payments are 271.61 which my mum can no longer afford.
The dealer we got the car off has offered me 7k (what a Joke) I can just about raise the difference.
My question is where do we stand legally if we refuse to pay these installments as a CCJ cant possibly hurt or be obtained against somebody with a mental illnes can it?

Any ideas or help will bemuch appreciated THANKS MIKKIR

butler_helen

I'd get a good solicitor to fight this for you, as he wasn't diagnosed with dementia when he signed up so I understand where the dealer is coming from.

I think the first 30 minutes/initial consultation with a solicitor is free and you should get a good understanding of where you stand.

Errata

When we went in he asked me to sign the agreements on his behalf as his athiritis was playing up. This I did reluctantly withour really reading the deal through

How on earth did you manage to forge his signature in front of the dealer's employee(s) ?

mikkir

I didnt , i signed (me) PP (dad) as per the finance bloke, I cant see that this this agreement is legal

bridget81

I dont want to sound as though i am prying;

has your dad actually got a diagnosis? if so he will be under a consultant psychiatrist. whether they would be able to asses your dads mental capacity to decide whether he has got the capacity to make such a decision. it may be difficult if he was not known to psychiatrist at the time he signed.

i would also check out the mental capacity act. any health and social care professional can say if he has capacity or not, does he have a social worker?

as for the car finance, you will prob need a solicitor and they can act on your dads behalf with the finance company, but the key is whether your dad has capacity or not - if he was in hospital this may have been documented in his hospital notes if it was necessary as not wirtten in unless required - ie did he go into home willingly, if not capacity would have been tested and thus documented -

hope this is of some help

sandraroffey

surely it has t be his signature on the documents????

or maybe they are taking the agreement as signed by you????

di3004

mikkir wrote: »

My Dad at the start of December traded in his c4 picasso for a normal c4, I was working and the first I heard of it was when he asked me to take him to pick it up on a Saturday as he wanted a smalller car. When we went in he asked me to sign the agreements on his behalf as his athiritis was playing up. This I did reluctantly withour really reading the deal through.
Skip forward 1 month and my dad was in hospital for a lung op, from that date he never really recovered mentally and it turns out he has dementia and that for the previous 3 to 6 months me and mum had been compensating for him and not really noticed his illness.

We have now got him in a home that costs 1200 per month that my mum has to pay as both my parents have worked hard throughout their lives.
The problem is that my father traded in his car for another one at 10.5k and has 8k outstanding on it the car is currently worth 9 to 9.5 k but none has that kind of money hence no sale for the last 2 months. The monthly payments are 271.61 which my mum can no longer afford.
The dealer we got the car off has offered me 7k (what a Joke) I can just about raise the difference.
My question is where do we stand legally if we refuse to pay these installments as a CCJ cant possibly hurt or be obtained against somebody with a mental illnes can it?

Any ideas or help will bemuch appreciated THANKS MIKKIR

Hi there hun

Sorry I am unable to help in these issues but just to say I understand how it is for you with your dad having dementia, my dad was diagnosed a few years ago at approx age 59, has lung disease - emphysema from coal mines, which of course as you know they are vulnerable to many things with these illnesses.
But I wish you all the best and hope this all sorts out for you, its bad enough with the worry you have without all this, so good luck.;)

I can see these great helpful posters giving you the best advice they can here for you, all the best.;)

Errata

mikkir wrote: »

I didnt , i signed M C Rhodes (me) PP C Rhodes (dad) as per the finance bloke, I cant see that this this agreement is legal

I think the legality is questionable.

In practical terms - your dad can't pay the instalments as he can no longer understand and manage his financial affairs. Your mum doesn't need to pay them because it's not her car, your dad can't sell or give away the car as he can no longer understand what that meant. Let the car be repossessed, the finance company can't take him to court as he doesn't have mental capacity.

Talk it through with your local Age Concern.

mikkir

Hiya Bridget81, thanks for all the replies , my dad was diagnosed with frontal lobe dementia but the diagnosis is still ongoing although the social services have had to insist he resides in a secure emd care home as he needs 24 hour care and cant do thing like dress himself etc
All Im trying to do is hold the family together as best I can and sort the finances out so any help is very much appreciated .

Robert_Sterling_3

Extracts from the OP are in black type

My Dad at the start of December traded in his c4 picasso for a normal c4, I was working and the first I heard of it was when he asked me to take him to pick it up on a Saturday as he wanted a smalller car. When we went in he asked me to sign the agreements on his behalf as his athiritis was playing up. This I did reluctantly withour really reading the deal through.
Skip forward 1 month and my dad was in hospital for a lung op, from that date he never really recovered mentally and it turns out he has dementia and that for the previous 3 to 6 months me and mum had been compensating for him and not really noticed his illness.

I can understand why you signed on behalf of your father. I would have done the same myself in that situation. I do not know anything about the legality of it though.

We have now got him in a home that costs 1200 per month that my mum has to pay as both my parents have worked hard throughout their lives.

I think that any payment that is made is independent of how hard you have worked. I think it is means tested.
I am not sure whether or not your mother has to pay under an agreement between your father and the car dealer.

The problem is that my father traded in his car for another one at 10.5k and has 8k outstanding on it the car is currently worth 9 to 9.5 k but none has that kind of money hence no sale for the last 2 months. The monthly payments are 271.61 which my mum can no longer afford.

It is clear what has happened. Your father would have been able to pay for the car if it were not for the payment that now has to be made for being in care.

I can't fault the car dealer who did not know anything about the care issue and was being helpful in not requiring your father to sign and to allow you to do on his behalf.

The dealer we got the car off has offered me 7k (what a Joke) I can just about raise the difference.

The dealer is a business man. He sold a car. You want him to buy it back. Perhaps you could ask for a small increase in the price he is willing to pay. Whilst 7K is not enough it might be the lesser of two evils. If £8k is owed then for another £1,000 you could have the problem over and done with. If you do not follow this option I fear the debt will escalate particulrly if you cease making payments.

My question is where do we stand legally if we refuse to pay these installments as a CCJ cant possibly hurt or be obtained against somebody with a mental illnes can it?

It may be the case that someone has to act on your father's behalf. I suspect that when acting on his behalf that person would be required to pay his debts.
I may be wrong in thinking this and in this particular situation I do hope that I am wrong.

I regret that my opinion may not be what you would like to hear.
It is only my opinion and there may well be posters who take a different view.
I wish you the very best of luck.

mikkir

Thanks for the frank and honest reply, as for the care home fess, I will only touch on it cos it winds me up , but there are few others in the same home as my dad , not all,recieving the same care in identical rooms and these people do not pay a penny towards their care as it is paid for by the state , one is an ex alcoholic for example who never saved for a pension etc, and my dad who built up a succesful business and saved hard is having half of his private pension taken to pay for his care.