Clearpay

whatnorebate

My son is being cared for under section 3 of the 1983 mental health act. He is in secure accommodation in [Removed by Forum Team].

His is suffering a major manic episode as a result of his bi-polar condition. He has no in-sight and cannot manage his financial affairs.

Clear pay have recently allowed him to sign up for a contract with a £1000 limit. I have shared control of his bank and emails

I have sent this response to Clearpay.

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This account was opened by my son. He is being held under section 3 of the 1983 Mental health act in [Removed by Forum Team]. He is being treated for a major manic episode, the result of his bi-polar condition. It is clear that your duty of care when entering into contracts has not been fulfilled. I would suggest you cancel the contract ASAP. Because of his documented condition and your failure to exercise your duty of care [Removed by Forum Team] will no be liable for and debts he incurs.

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All advice on how to progress this very concerning matter welcome.

TIA

elsien

It may help you to get confirmation from the RC that he currently lacks capacity around his finances - being on section 3 does not automatically mean this is the case, and additionally when he made the application, they may not have been aware of his vulnerabilities.

Have a look at this. https://moneyadvicetrust.org/advice-services/dmhef/

Do you have power-of-attorney for him because if not, you don’t have shared control of his account unless you are a joint account holder. Any third-party bank mandate only works while someone has capacity.

Brie

I agree with elsien about looking at the EMHE form. Creditors recognise it as a document that means they have to tread carefully and ensure they do right by a vulnerable customer.

Your other tool should Clearpay not toe the line and start demanding money is to get an official breathing space. Normally these are for 60 days and stop creditors from harassing a customer or taking any collection actions. For someone such as your son the 60 days is added on at the end of him being sectioned so if that's a month or a year the breathing space becomes month/year plus 60 days.

Hopefully he will regain stability soon.

MEM62

It is clear that your duty of care when entering into contracts has not been fulfilled.

What evidence have you to support this as this may dictate how you take the situation foreward?

dumpster_fire2025

https://forums.moneysavingexpert.com/discussion/6670110/clearpay

What duty of care do you think they have here? It is not expected that anyone signing a contract get a signed document from a doctor confirming they don't have mental health issues, nor should it be.

If they had been informed of his issues prior to him signing up I can see an argument for this but otherwise no, they are not expected to do anything other than CRA checks/income checks to check for affordability and indebtedness.