Need advice re Mum's alleged debt.

user55

We have recently moved my mum into sheltered accomodation as she wasn't coping where she was - still isn't but that's another story!

Anyway, a big part of her health issues are related to dementia, and getting information out of her is pretty much impossible to be honest. So while I was checking through her mail recently (I have to do this to catch any bills she has ignored!) I found quite a pile of letters from a debt collector, redirected from her old address. All I can tell from the letters is they relate to an address she lived when my dad was still alive, appear to be for a debt to Capital Bank, she appears to have been ignoring them, and they don't have the address where she is now! I asked her about them and inevitably she denied it being anything to do with her.

So what I need to know is the best plan of action for dealing with this situation. I'm not in the position of having power of attorney, and nor can I because of my own recent bankrutpcy. But she won't deal with it at all so someone has to.

1. How can I find out what the debt is actually for and verify she actually owns it?

2. It's 6 years since she left the address in question - if she has been ignoring it long enough we could be looking at it being statute barred in the near future but how the heck can I find that out?

3. Being all to familiar with the tactics of the debt collectors, I don't want them getting my address and telephone number - if I try to deal with them on my mum's behalf am I getting myself into a world of trouble?

4. It maybe that the debt belonged to my dad who died 6 years ago - she hasn't told the bank yet so no reason to suppose the debt collectors would know! If it turns out to be his, is it enforceable?

And does her mental state by any chance afford her any protection from all this?

Excuse the disorganised thought process here - looking after my mother does that to my brain!

Burlesque_Babe

Hi there - I can't give much specific advice, other than it might be worth having a chat with the CAB and also possibly Social Services - they might know if there is any support because of her condition.

If the debt has not been acknowledged in any way for 6 years then it will be statute barred (ie written off) but if acknowledged in anyway during the 6 years then the clock starts ticking again (if you get my drift).

sorry, I don't know anything specific, but I would hope there is something which can be done so you can investigate without the (possible) debt heading onto your shoulders in some way.

taxi73

Hi there...I'm sorry I don't know the answers but I would suggest you give the CAB a call or help the aged as I'm sure someone there would be best to advice you.

user55

Thanks, I will speak to her Social Worker and see what she says, and CAB if needs be - last time I was there it was kind of scary and emotional so I wasn't in a hurry to return!

Floss

Do you have any brothers or sisters or a partner who could take on power of attorney?

RAS

A few thoughts

user55 wrote: »

I found quite a pile of letters from a debt collector, redirected from her old address. All I can tell from the letters is they relate to an address she lived when my dad was still alive, appear to be for a debt to Capital Bank, she appears to have been ignoring them, and they don't have the address where she is now! I asked her about them and inevitably she denied it being anything to do with her.

So what I need to know is the best plan of action for dealing with this situation. I'm not in the position of having power of attorney, and nor can I because of my own recent bankrutpcy. But she won't deal with it at all so someone has to. Not really, as long as you keep tabs, it could wait a while. How long before you are likely to be discharged?

1. How can I find out what the debt is actually for and verify she actually owns it?

Is there anyway that you can get her credit checks from the credit reference agencies, with her cooperation? See Martin's article about applying on-line. http://www.moneysavingexpert.com/banking/credit-rating-credit-score

2. It's 6 years since she left the address in question - if she has been ignoring it long enough we could be looking at it being statute barred in the near future but how the heck can I find that out?

If it is not listed on the credit check, then it is likely to be statute barred. Alternatively, could you do a SAR on her bank account, which would give you the last six year's bank records, so you could see who she has paid through the bank.

3. Being all to familiar with the tactics of the debt collectors, I don't want them getting my address and telephone number - if I try to deal with them on my mum's behalf am I getting myself into a world of trouble? I would try to keep a low profile at the present

4. It maybe that the debt belonged to my dad who died 6 years ago - she hasn't told the bank yet so no reason to suppose the debt collectors would know! If it turns out to be his, is it enforceable?

To whom is the letter addressed? Him or her or both?

Also, is there any way that someone else could be added as a signatory on the existing bank account, if you cannot because of the BK situation, as this would enable them to manage the account when things get to bad for her.

And does her mental state by any chance afford her any protection from all this? Quite possibly, as debt collectors should not pursue those in a vunerable situation- OFT Guidelines.

Excuse the disorganised thought process here - looking after my mother does that to my brain!
I know what you mean. The only good thing, is that eventually you do get your brain back.

racer256

Hi could it be for a car loan? Capital Bank provide loans for cars. Hope it helps. Good Luck.

user55

No def not a car loan cos my dad used to get a mobilty one and my mum hasn't driven since he died.

Do they cover store cards in anyway, cos I can imagine her running them up!

red74

You definitely need to get advice from CAB or her social worker. If she is unable to deal with her own financial affairs, and is deemed not to have the capacity to be able to give consent to somebody to deal with her affairs for her (this was the situation by the time my gran with dementia went into a care home), the court of protection will need to be involved in appointing a deputy.

RAS

User

get a medic to give you an opinion and get a Power of attorney (enduring) now if they say she is OK.

Avoid the Court of Protection like the plague if you can. They charge a lot for their services and have been the subject of two highly critical reports for their failure to look after people. Recently changed their name but not sure if thet has improved their level of competence. Chekc out the over 50 forum for advice on this. Willman if I remember

user55

Floss wrote: »

Do you have any brothers or sisters or a partner who could take on power of attorney?

I have siblings but Could and Would unfortunately being at the opposite end of the scale here.