Huntington's Disease now a court claim form!

robert_harper_2000

My brother had credit card debts. He was told he had Huntington's disease and lost his job and went into council accommodation. He is now in no state to deal with his debts and has trouble speaking. He received a court claim form for £2357.09 and the stress is upsetting him terribly. What can I do to help him with this form. He has no way of paying it and is on disability benefits.

I know he should have sorted out a bankruptcy or something. But he had a lot to deal with and still does. I want to deal with this for him but I don't have the £2k to clear it.

I would appreciate all constructive advice. Thanks

molerat

Speaking to the claimant may help, if they are aware of the health situation and that they are unlikely to get anything they may be willing to drop the case.

robert_harper_2000

It is with Marlin Europe via Mortimer Clarke Solicitors. I never thought Solicitors would have emotion. I told him not to panic and I would sort it but I just really don't know how. Just didn't want him having any stress

tomtontom

Has he offered a repayment plan? Have you ensured he is receiving his full benefit entitlement?

trollopscarletwoman

A far as I can see it if your brother hasn't got the means to pay the debt then he simply cannot.

Whether the debt collectors arrive on the doorstep and start sizing up goods to later sell them at auction for a pittance I don't know.

As this disease is terminal perhaps write to the solicitors and credit card company to try and get them to drop the claim on humanitarian grounds. Got to be worth a try.

Perhaps go bankrupt or negotiate a payment plan (they might agree that its better to get something rather than nothing) but as he is on benefits that seems unlikely.

I pity the situation you find yourself in. But you're doing your best by looking after your brother. There are plenty who couldn't be bothered.

Nebulous2

He should think about getting somebody to act for him. That would take the pressure off him whilst he deals with his health.

This is a specialist area and he would need to get advice on the options.

robert_harper_2000

I should have helped him go bankrupt but it is a horrible thing this and I just don't want to think about it. But I would hate it if anyone came to his door. I could look at organising bankruptcy?

trollopscarletwoman

robert_harper_2000 wrote: »

I should have helped him go bankrupt but it is a horrible thing this and I just don't want to think about it. But I would hate it if anyone came to his door. I could look at organising bankruptcy?

If it did come to people at the door then well in advance of arrival I personally would make certain that anything precious to me that would be flogged off for a pittance found a new location. My cigarette card collection for one.

That is not advice-just what I would do in the real world.

Nebulous2

Here's a starting point for you. I'm assuming your brother is in England. I'm not, so how it isdone in Scotland may be different.

Basically if you get responsibility for his finances and notify them the companies will have to deal with you and shouldn't go to his door at all. You will also then be in a better position to get all the facts.While he is still responsible for his own affairs companies shouldn't talk to you about his debts.

Once you have the information you could get help from one of the debt charities. Bankruptcy may not be the only / best option.

TheGardener

robert_harper_2000 wrote: »

My brother had credit card debts. He was told he had Huntington's disease and lost his job and went into council accommodation. He is now in no state to deal with his debts and has trouble speaking. He received a court claim form for £2357.09 and the stress is upsetting him terribly. What can I do to help him with this form. He has no way of paying it and is on disability benefits.

I know he should have sorted out a bankruptcy or something. But he had a lot to deal with and still does. I want to deal with this for him but I don't have the £2k to clear it.

I would appreciate all constructive advice. Thanks

Hi - I would suggest a calm, methodical approach to this is needed. Start today if possible. Sit down with your brother and work out how much he owes and to who. Get together as much paperwork as you can - evidence of income, bills, final demands etc. Write down some sort of financial history between you - it doesn't matter if you cant get everything together but get what you can. Once you have all this, it will give you a better idea of the position he is in.

Then use the debt remedy tool on the StepChange website.
Then make call any of the specialist, free, debt charities - StepChange, National Debtline etc.
Don't stress about the court thing yet - get the above done first
If BR is the way to go then they will be able to advise and support your brother through the process.
Once you have all this info and have sought the advice you need - you will be able to make progress.

robert_harper_2000

Should I speak with the Solicitors about this. Or speak with the debt help companies first. He won't be able to help me too much but his girlfriend would help with outgoings and incomings. But at least we could make a start. Thanks. Wish me luck!