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can i get a loan written off if i prove i was mentally ill at the time?

24

Comments

  • ILW
    ILW Posts: 18,333 Forumite
    I think thre purcussions could be pretty bad for many.
    Lenders would start including a question in their applications such as 'do you or have you ever suffered any mental health problems' and declining to loan to anyone who says yes. A very large proportion of the population would find themselves unable to get credit or a mortgage.
  • kkjamor
    kkjamor Posts: 171 Forumite
    I'm not saying that I think the debts should be written off, neither am I saying that I would ever try to get any of mine written off. All I am saying is that people could be a little more diplomatic with their posts.
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  • bfgun
    bfgun Posts: 238 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I've just looked up the symptoms for bipolar. I reckon I have most of the symptoms. But have I got bipolar? Of course not.

    I tell you what I have got, a job which I work double the hours I get paid for, a mortgage which I have to pay and bills every single month which have to be met.

    Sometimes I think that medical names are made up for symptoms that are actually the result of living in the world we do!
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    bfgun wrote: »
    I've just looked up the symptoms for bipolar. I reckon I have most of the symptoms. But have I got bipolar? Of course not.

    I tell you what I have got, a job which I work double the hours I get paid for, a mortgage which I have to pay and bills every single month which have to be met.

    Sometimes I think that medical names are made up for symptoms that are actually the result of living in the world we do!

    Get a life idiot.
    Gone ... or have I?
  • kkjamor
    kkjamor Posts: 171 Forumite
    Bipolar disorder is a chemical inbalance in the brain and it is serious. It is NOT an excuse. It ruins lives.

    I also work, have a family, run a business and am studying towards a degree. I pay my way in life and have never received any sort of benefit. I am however Bipolar. I struggle and to be honest it is all I can do to keep my head above water at the moment. The last thing this lady needs getting back to the point is people making her feel any worse about the situation.

    Must be nice up there on your pedestal!
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  • cos_2
    cos_2 Posts: 624 Forumite
    Part of the Furniture Combo Breaker
    To the OP, it may be possible but I think it would have to through the courts for proof, and recompense to be fairly calculated. In other words, your creditor won't write off your debts at your say so.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 17 January 2010 at 11:42PM
    cos wrote: »
    To the OP, it may be possible but I think it would have to through the courts for proof, and recompense to be fairly calculated. In other words, your creditor won't write off your debts at your say so.
    Can you give some examples of where this has happened, becuase it's a new one on me.

    Additionally, the OP implies the loan was taken out "years ago" but in another thread emerged from bankruptcy "2 years ago". Discharged bankrupts don't still have loan liabilities that predate their discharge.
  • cos_2
    cos_2 Posts: 624 Forumite
    Part of the Furniture Combo Breaker
    The OP didn't say anything of the kind, and I am simply giving my view that the courts could make a decision on the competency of a contract.
  • AnxiousMum
    AnxiousMum Posts: 2,709 Forumite
    Part of the Furniture Combo Breaker
    bfgun wrote: »
    I've just looked up the symptoms for bipolar. I reckon I have most of the symptoms. But have I got bipolar? Of course not.

    I tell you what I have got, a job which I work double the hours I get paid for, a mortgage which I have to pay and bills every single month which have to be met.

    Sometimes I think that medical names are made up for symptoms that are actually the result of living in the world we do!


    What an extremely offensive post, (the part in red) I hope I have reported it in the correct manner.
  • I have heard of the Financial Ombudsman Service forcing a bank to write off a debt of somebody who was mentally incapable.

    However, it would normally be necessary to demonstrate that the lender was at fault and that would mean it needed to be obvious at the time, to a reasonable person, that you were not in a fit state to make a proper decision.

    As I remember, in the case I have in mind, the borrower's parents were able to call upon testimony from staff in a shop who had refused credit for precisely that reason earlier on the same day.

    So, if you came across as reasonably compus mentis then I think it unlikely the Ombudsman would find in your favour simply because there would be insufficient evidence that the lender had acted unreasonably in the circumstances.
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