Assisting a Vulnerable Person - Advice Needed

HollyandCo

Hello and apologies for the very long post.

A brief outline of situation.  Vulnerable Adult/Person (but perhaps think of a 10 year old child).

In 2014 Vulnerable Person (VP)  entered into a 'contract phone with EE)' , The contract ran for over 7 years and cost £50 pcm for a small amount of data only.  There were never any upgraded handsets etc.  VP couldn't make ends meet and with help, he cancelled the EE account and has a sim only deal.

It now transpires when the account was closed, the final direct debit payment wasn't made.  Combined with an additional airtime fee, there is a debt of £84.  Lowells have bought this debt.  Vulnerable person is and has been, for the past 3 years, living 'temporarily' within a NHS unit until he feels well enough to return to his home.

Somehow, Lowells have got his phone number and the address of the NHS Unit.  VP is receiving automated calls and letters direct to the NHS Unit.  VP has great difficulty understanding and trusting.  

I am trying to assist and have finally managed to speak with Lowell on VP behalf.   So Lowel's are chasing a Debt from 2021 for £84.   They explained that this has been 'recorded on his credit file' and, whether the debt is settled or not, will be removed in 2027.  However, I  dont feel this info is correct as I have managed to set up an Experian File for VP.  VP does 'NOT' have any negative recordings on his file at all.  He has an Excellent score (982 out of  999).

I offered to pay  Lowell £40 and have the debt cancelled.  I think Lowells are happy with this.  However, they said they will mark his credit file with a 'cancelled but debt marked as NOT paid in full'.    I am concerned that this will appear on his file and stay there for 6 years.

Lowells tell me it will  appear but only stay on there for a further 2 years when it will automatically be removed.  Is this correct?

As there is no current negative on his file, would I be creating problems by paying any of this money or would it be best not to pay it at all?   

Lowell have confirmed they have removed VP telephone number from their system and will only liaise with myself via e-mail.

Any advice from knowledgable people on this topic, would be appreciated.

Again, sorry for the long post.

Brie

I think what you need to do is get a Debt & Mental Health Evidence Form completed and submit that to Lowells.  As part of that submission I would also suggest that you state that given that the VP wasn't able to comprehend what they signed up for EE was wrong in how they dealt with the account.  

The DMHEF needs to be completed by a medical professional (someone at the NHS unit would be great) to attest to the VP's mental health and particularly their mental age and comprehension level. 

The British Medical Association does not allow for a payment to be made for completing these forms.  

What this will hopefully achieve is the full payment being written off by EE.  It might be helpful to make noises about discrimination towards someone of a protected characteristic (i.e. is disabled)

Debt and Mental Health Evidence Form. StepChange

Yes - Lowells are right in saying that the debt should drop off the credit history after 6 years (England & Wales), but only if the VP (not you) does not admit in writing to owing the money or pay anything off.  The problem is that they may well continue to chase the debt despite knowing the distress it is causing.  Hence the DMHEF suggestion.

And - is a good credit history an issue for this individual?  I mean - I'm retired, not going to apply for credit, mortgage paid off etc - so I don't care if my credit history was garbaged as I'm not going to be needing a good history.  If the VP is going to be living in sheltered accommodation or having things handled by someone else then maybe it's nothing to worry about.  But reducing their anxiety is something that needs to be sorted.

Brie

fyi - the credit score is meaningless, a sales tactic by credit agencies to get them income.  Banks etc never look at a number, they look at the history instead as that says a lot more.  

HollyandCo

Brie said:

I think what you need to do is get a Debt & Mental Health Evidence Form completed and submit that to Lowells.  As part of that submission I would also suggest that you state that given that the VP wasn't able to comprehend what they signed up for EE was wrong in how they dealt with the account.  

The DMHEF needs to be completed by a medical professional (someone at the NHS unit would be great) to attest to the VP's mental health and particularly their mental age and comprehension level. 

The British Medical Association does not allow for a payment to be made for completing these forms.  

What this will hopefully achieve is the full payment being written off by EE.  It might be helpful to make noises about discrimination towards someone of a protected characteristic (i.e. is disabled)

Debt and Mental Health Evidence Form. StepChange

Yes - Lowells are right in saying that the debt should drop off the credit history after 6 years (England & Wales), but only if the VP (not you) does not admit in writing to owing the money or pay anything off.  The problem is that they may well continue to chase the debt despite knowing the distress it is causing.  Hence the DMHEF suggestion.

And - is a good credit history an issue for this individual?  I mean - I'm retired, not going to apply for credit, mortgage paid off etc - so I don't care if my credit history was garbaged as I'm not going to be needing a good history.  If the VP is going to be living in sheltered accommodation or having things handled by someone else then maybe it's nothing to worry about.  But reducing their anxiety is something that needs to be sorted.

Thank you so much for this excellent advice.  My fear was despite offering a lower amount, they would still somehow pursue VP.

This VP is mentally unwell, it's not going to get better.  Door to door sales people have duped him into buying things and even switching to more expensive utilities (telling him they are cheaper etc).   It is awful how these sharks get away with things.

VP is hoping to one day live independantly again, infact, the NHS unit is actively trying to move him on because of the costs, but VP is too scared.  Sadly, despite having special orders/sections in place, no-one, nor service agency gives him the true support he so desparately needs.  I have been looking out for him as much as I can for a good 10 years.  However, I live 200 miles away and I'm getting a bit too old for it now.  I hope that soon he realises he would be best with supported living.

elsien

if they are phoning the NHS unit directly, rather than his personal mobile, then he can just tell the staff that he does not want to take the calls.  

With his consent someone can contact Lowes and tell them to stop phoning him and only communicate in writing.
If they are  phoning him on his mobile, he can block the number. 

And as above, he can ask the unit to provide evidence of his mental health to stop them from harassing him. 

Alternatively, he could pay the debt himself? 

He might want to check with the credit reference agencies – Experian et cetera to see what they show because that is far more relevant than any random score. it is likely that it is already showing as a missed payment which is what any future lender might be looking at with regards to his credit history.

sourcrates

Goodness me, what a mess, tell Lowell he is a vulnerable person, unable to pay, and ask them to make a commercial decision and write the debt off completely, as well as remove the entry from his credit file.

The £84 balance they are chasing would have cost them less than a fiver, if you don`t ask, you don`t get.