Debt and Manic Depression ??

loopyloulou_3

I would def take some legal advice on arranging a POA - either through a local law firm or by initally speaking to the CAB. A solicitor will be able to give you advice on what to do.
At least this will enable you to speak to her creditors.

lil_me

My sister took out credit just after being sectioned, unfortunately there was nothing the CAB could do. Sorry I know doesn't pass on much hope. Hope you get something sorted as that Loans company don't sound very good at all.

milliejon

I'm sorry to hear about your sister and hope you get everything sorted.

If you do report them to Trading Standards, they may be interested in this court action from the Office of Fair Trading website.

nomoneytoday

Was the loan signed recently? There may be a cooling off period (as long as you haven't spent the funds)

Chrismojam

lil_me wrote:

My sister took out credit just after being sectioned, unfortunately there was nothing the CAB could do....

I am surprised at that.....surely if she had already been sectioned then that is proof that she was not of sound mind when she took the agreement out??? Probably find the person at CAB didn't have the insight into mental illness, that may have helped???? (Nothing against CAB, I'm sure they are very helpful in other ways)

So much for being there to help the vulnerable in society....

Chrismojam

I have experience of power of attorney also......my mum is also manic depressive........36 years and counting (I'm sure she'll still be going when I'm long gone!!)

It took us ages to sort out (not the actual process, but getting round to it and discussing it with mum etc)...because when I became her appointee I was advised against going for power of attorney by DSS person.........looking back, he probably wasn't advising against it per se, but looking at the length of time it may take, and how long it would then take for her benefits to get sorted....

As it was, when we eventually did do it, last year some time, it was all very quick........we didn't see a solicitor though....I think because she was deemed to be fit of mind enough to read and understand it and the reasons for it etc in the presence of independant witnesses...

Luckily, my mum hasn't got a clue when it comes to loans and credit, the most she's had were catalogues probably 20 years ago.........

But she did used to bet the rent money my dad would give her (leading to numerous eviction notices), lose most of it and then be elated when she wone enough for a tray of milk..........how much she thought we drank I don't know!:rolleyes:

lil_me

We contacted the CAB and several other organisations, mental health charities and advisors etc. As someone pointed out to me there was no part in the credit agreement where she stated she was or wasn't of good health mentally, there is no law against them giving her credit, but she has to pay it back. Fortunately now she has someone with her when she is out etc there was an issue with care when these purchases took place.

In_Search_Of_Me

I'm really sorry to hear this..big hugs for you and your family....
As others have said you need to get advise but I would suggest that you contact social services (does she have an allocated social worker?) to discuss this. I know where I work (social services!) there is an allocated individual who sorts out money for people with mental health problems as they are particularly vulnerable to this kind of thing but if she was sectioned at the time then it has been confirmed by two mental health professionals that she is not of sound mind, I suspect that any court action against her with regard to the debt would not be enforcable in a court of law because of that. What I am concerned about is the company who gave her the loan at that rate of interest which must be illegal as its unreasonable! Have a look at the mental health act ...also some other links here which may be of help;
http://www.mentalhealth.org.uk/
http://www.direct.gov.uk/DisabledPeople/HealthAndSupport/fs/en
http://www.bbc.co.uk/health/conditions/mental_health/usefulcontacts_index1.shtml
I really hope you sort this...big hugs..

Chrismojam

lil_me wrote:

We contacted the CAB and several other organisations, mental health charities and advisors etc. As someone pointed out to me there was no part in the credit agreement where she stated she was or wasn't of good health mentally, there is no law against them giving her credit, but she has to pay it back. Fortunately now she has someone with her when she is out etc there was an issue with care when these purchases took place.

I suppose thats the way the credit agencies get away with it..........disappointing, but not surprising:rolleyes:

With regard to the 'care', would that be provided by Social Services by any chance?? or rather organised by them?.....best not to get me started............I'll start to rant!!

lil_me

She's been offered no help from SS even with 2 small children, her partner has had to stop working as trying to work it between family members left gaps.