Blacklisting a disabled person

kevsedg

Hello folks,

I have a brother who is mildly autistic. He has recently moved out to semi-managed accommodation, and is getting on well with life.

However, he is very easily swayed and signs up to credit cards, will blow all of the cash away, and will lend money to people that won't return it. We want to give him total financial independence, but he doesn't understand how it's very different from loaning money off a friend. Essentially, credit card companies should refuse any applications because of his disability, but it's far too easy for him to apply.

With his carer, we've managed to his bank, Lloyds TSB, to place him on a "blacklist" (which we have to renew each year) to stop him being accepted for credit. However, the bank can't advise how we get him on a general blacklist for all cards and loans.

Can anyone offer any advice?

Thanks,

Kev

Karl.H_2

According to Martin, blacklists are a myth. You could try talking to the credit reference agencies. I have no idea what they can do, to be honest, but it's worth a try. Article.

jamalfatty

This is purely a guess but very much doubt any company would blacklist someone because of a disability, that would just be asking for a disability discrimination lawsuit, not to mention bad publicity etc, even if it was yourselves who requested it.

The_Boss

Yep, this would cause serious discrimination issues, especially when he may want the credit and could be refused it for that reason.

butch_dingle_2

I am sure you can get a voluntary cifas marker put on their credit file. This will either decline or refer any application for credit.

smithja

It is a breach of the Disability Discrimination Act 1995, if you can get some kind of power over their financial affairs or in joint agreement with them, then I see no reason the Credit Reference Agencies would not accept a factual notice which all lenders will see in future. James

aj3001

I'm sure if mentally unstable it would be acceptable to put a note on the file, could you stop junk mail being delivered to his house? I'm sure thats where most of them would come from

smithja

Can I add and you might find this helpful that under contract law, you cannot legal enter a contract if you are not compitent to do so, this includes many things, even if you are drunk. However, the other party must know or have reasonable suspicions that you may not be compitent before entering in to the contract, otherwise it stays valid. So if in future lenders know that the person may not be compitent before hand they might refuse as it cannot be enforced in a court. James

kevsedg

Thanks to all the posters above.

I'm going to find out what a cifas marker is, and ring around credit reference agencies and see what they say. And stopping junk mail will help also. Ta.

I thought there may be DDA issues, but I'm pretty sure he comes under "diminished responsibility" (something like that... can't think of the proper phrase now) for that act, at least that's how social services have him down as.