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Elderly Lady (81) in arrears with Woolwich mortgage ~ advice please

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  • Many thanks for your input everybody ... it is much appreciated.

    I have already approached a solicitor about obtaining Power of Attorney, and it was he who informed me that it would be a no-no because Mum doesn't have the mental capacity to agree (or disagree, for that matter!)

    I wasn't aware that a Building Society could alter the amount of a Direct Debit without the account holder's permission ... that's interesting because it would imply that The Woolwich themselves are to blame for the shortfall in payments then? On the other hand ... maybe it's not a D.D but a Standing Order? (I'm not very savvy about these modes of payment as I don't use them myself!)

    Mum's mental & physical deterioration is indeed a very depressing situation GhostDog. It's a cruel and unjust end to 'a life well lived' and I miss her lively company very much. Thankyou for your kind words.
    (NB: The Matron offered to help out by providing a letter because Mum's GP had already refused - an issue of breaching 'patient confidentiality').

    Cheers,
    ZED.
  • dunstonh
    dunstonh Posts: 119,680 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I have already approached a solicitor about obtaining Power of Attorney, and it was he who informed me that it would be a no-no because Mum doesn't have the mental capacity to agree (or disagree, for that matter!)

    That relates to an enduring power of attorney.

    If someone who is, or is becoming, mentally incapacitated has not already created an enduring power of attorney, and you wish to manage their financial affairs, you will need to apply to the Court of Protection or Office of Care and Protection in Northern Ireland, to be appointed as a receiver in England and Wales, or a controller in Northern Ireland. You should contact the Public Guardianship Office (PGO) (Office of Care and Protection in Northern Ireland, who will send you the relevant forms and information on how to apply, including details of fees (see under heading Further information).
    I wasn't aware that a Building Society could alter the amount of a Direct Debit without the account holder's permission

    Thats the whole of idea of direct debits. The originator controls the amount required. Standing orders are where the account holder has the control over the amount. Lenders have been using direct debit instead of standing order since around the mid 90s. You will be able to tell on the statement if its a d/d or an s/o.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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