Barclays taking house off 76yr old with Dementia, as Interest Only Mortgage has expired

AnotherJoe

dementia_barclays wrote: »

More to story (you again!)...
yes, they make it incredibly difficult to prevent someone with Dementia being sold products/mess up their affairs
or for the only family member to even know there is a problem.
(know it's not personal to me, as you appear to be suggesting, as they treat all with this illness equally badly)

How do banks know which of their customers has dementia and and what stage they are and when they should be made to relinquish control ?
How would you propose banks treat people with dementia when they can only suspect it, and how would they select the person who is to look after their affairs? They cant just pick soemone who happens to be a relative even if the only relative.

I can imagine howls of protest from (say) an 80-something person finding out her daughter has been made privy to her financial dealings or worse perhaps given veto over her financial affairs when she is perhaps estranged from them or wants someone else instead !

Indeed i am positive that the previous data protection regime let alone the new one would make it a very serious matter with huge potential fines, to inform others of someones financial affairs without the right procedures being followed.

Its incumbent upon people to take out powers of attorney for circumstances like this before its needed, rather than expect the banks to be judge and jury of who has mental capacity and who should look after their affairs.

antrobus

AnotherJoe wrote: »

....

Its incumbent upon people to take out powers of attorney for circumstances like this before its needed, rather than expect the banks to be judge and jury of who has mental capacity and who should look after their affairs.

What happens if you don't make an LPA?

If you don't make an LPA and later become unable to make decisions yourself, nobody will legally be able to make decisions for you.

This can make things difficult for your family as they won't be able to pay bills or make decisions about your care.

When this happens, someone may need to apply to the Court of Protection to become a deputy. This gives similar powers to that of an attorney. But it's a time-consuming and expensive process.

https://www.nhs.uk/conditions/dementia/legal-issues/

dementia_barclays

A absolute iron clad effort not to discuss anything, with no alternatives offered,
is a big distance from admitting after a delay that there are processes in place to be involved. You would think they would be prepared to accept money to make a possible issue go away, even if not telling anyone a DD has stopped, before then.

Taking control or taking from the account, should be treated differently than adding to it or being told the basics of a problem.

Maybe the NHS should be able to add 'having Dementia', to someones credit score to protect them & initiate a Bank process for relatives to help.

BT rang and sold her a 2 year contract on a mobile phone when she never goes out, plus talked her out of cancelling it when they called to sell her another product (wasn't even turned on for a year).

Many elderly will not give up control willingly or even accept a problem exists.

Dealing with Dementia is hard to imagine, if never been caught out by it.
But that apart... support for how banks act is high on this forum.
(with a lot of silence on them going back on their word)

It would succeed in putting people off posting. Which would benefit the banks.

Tigsteroonie

dementia_barclays wrote: »

But that apart... support for how banks act is high on this forum.
(with a lot of silence on them going back on their word)

It would succeed in putting people off posting. Which would benefit the banks.

I've just read the thread. I am not affiliated to any banks, not a mortgage advisor, just a regular MSEr with a nosey nature And what I have read in this thread has been factual information about how the banks and mortgage system works - not support for it, just facts. Having emotional responses that say "Oh how shameful, the banks are morally bankrupt in acting this way" might make you feel better but they won't solve the problems you are facing.

dementia_barclays

Maybe Spain & The European court is more advanced than the UK, in finding 'fixed minimum rate mortgages' miss selling.
Maybe selling 3 overdrafts & 2 loans to a confused old lazy is how banks work, along with making agreements, then reneging on them.
Maybe it's fair they remove mortgages with 30 days notice (agreed not to in May), from people that cannot get another and take their house, to sell cheap (saw it as an Estate agent for a decade).
Maybe

csgohan4

dementia_barclays wrote: »

Maybe Spain & The European court is more advanced than the UK, in finding 'fixed minimum rate mortgages' miss selling.
Maybe selling 3 overdrafts & 2 loans to a confused old lazy is how banks work, along with making agreements, then reneging on them.
Maybe it's fair they remove mortgages with 30 days notice (agreed not to in May), from people that cannot get another and take their house, to sell cheap (saw it as an Estate agent for a decade).
Maybe

Who are the banks to judge who are 'lazy and old' or dementia sufferers?


How would you like it if you were asked for you mental status when you withdrew cash, People do develop dementia in their 40s and 50's as well


Your diverting the problem away from the person it self. They didn't appoint a POA, they didn't engage with you regarding their finances and it was their right.


No one is to blame, dementia hits at any time and can take time to show


Banks are not there to judge but ensure that you can afford whatever credit you want to financially and not mentally, they are not psychiatrists nor medical.

financegeek

I don't think anyone in the thread is suggesting that selling overdrafts / loans to someone with dementia is ethical, just that it's hard to distinguish at times those that have dementia rather than full capacity. I do think more needs to be done to protect vulnerable people, but how is the difficulty! talking more with family members and sorting power of attorney early is definitely the way forwards, but can be hard to do.

i don't really have any more to add on the thread, so wish you the best of luck with Barclays. Hopefully they and the court will be lenient in light of your mothers situation and i hope you find a solution you're all happy with.

antrobus

dementia_barclays wrote: »

Maybe Spain & The European court is more advanced than the UK, in finding 'fixed minimum rate mortgages' miss selling....

No. You misunderstand.

The ruling does not outlaw this type of mortgage but says the existing mortgages are null because of a lack of transparency on the part of the banks which failed to adequately inform clients what they were signing up to.

https://www.theguardian.com/business/2016/apr/08/spanish-consumers-win-victory-over-mortgage-payments-barclays-santander-class-action

Your mother could have made a complaint to Barclays that her mortgage was mis-sold on the grounds that she was not adequately informed. Unfortunately she now lacks the mental capacity, and you lack the legal capacity.

dementia_barclays wrote: »

Maybe selling 3 overdrafts & 2 loans to a confused old lazy is how banks work, along with making agreements, then reneging on them. ..

No one here has any idea of how 'confused' your mother was, or why she borrowed the money, or what she spent it on.

dementia_barclays wrote: »

Maybe it's fair they remove mortgages with 30 days notice (agreed not to in May), from people that cannot get another and take their house, to sell cheap (saw it as an Estate agent for a decade).
Maybe

You have already told us that you heard in May 2018 that her mortgage had ended. All mortgages have an end date. The 30 days notice relates to the repo application. It's not Barclay's fault that there was no plan in place to repay the debt.

I think your focus should be on ensuring that your mother receives the care she needs, and taking advice as to whether or not it's worthwhile applying to the Court of Protection.

dementia_barclays

Can someone with Dementia, get ​equity release or life time mortgage?

antrobus

dementia_barclays wrote: »

Can someone with Dementia, get ​equity release or life time mortgage?

The Alzheimer's Society has this to say on the subject;

Not everyone will have created an LPA. If someone with dementia loses the ability to make some decisions without having made an LPA or EPA, it can become difficult for those trying to help. This is especially true for financial decisions, as only someone with a legal power (eg LPA, EPA or deputyship) can completely manage another person's finances. Therefore, if someone hasn't made an LPA or EPA, you will need to apply to the Court of Protection to become their deputy in order to be able to manage that person's finances on their behalf.

https://www.alzheimers.org.uk/get-support/legal-financial/mental-capacity-act-planning-ahead

It depends on your mother's mental capacity. That's not something an internet forum can really decide. You can always ask the Alzheimer's Society for advice.