Debt & Mental Health problem

[teachme]

Hi all,

My apologies for asking, but could somebody please advise me on the best course of action to take.

My wife had a credit card debt with Halifax of £9,500 in just her name. Since taking out the card, my wife has a debilitating illness, which affects her in a way that some days, she does not know who I am (don't want to go into too much detail about this), but she needs constant care and supervision. Anyway I gave up work to care for her on a full time basis, we are in receipt of Disability benefits etc.

To cut to the chase, I tried to continue to make payments, but when I try to contact the Halifax with regards to our situation they state they cannot talk to me, only my wife (data protection). But my wife, is not in a position to understand or remember anything they say, let alone complete the necessary forms to allow me to discuss our situation.

Now the letters, and calls from these agents Blair, Oliver and Scott, have started, I have contacted them, only to be snarled at, they will only discuss with my wife, when I tried to explain the situation this lady stated they could make me liable for the debt, but they won't actually tell me anything about the debt, they have even sent letters to our old address, stating someone will be calling round. This is causing distress to the people who live at our old address, and to me. We moved home last Sepember and I notified the Halifax in writing which they acknowledged. I seem to be going round in a circle.

I have seen the letter template requesting for the CCA, and would like to try this method, but as it would be from me and not my wife, would this be of any use, data protection.

I apologise if I have confused people with this, but I just don't know what to do, or where to start.

Thank you in advance for any advice.

[ScarletPimpernel]

Welcome to CAG.

Firstly, don't speak to these creatures on the phone - they will say anything to try to get money. Keep everything in writing - as well as providing evidence if it should be needed, it gives you time to think about your replies.

In terms of you dealing with the matter, it seems to me that there are two ways to approach this:

- if your wife is able to sign, you could become her 'authorised representative', as recognised by the OFT Guidance on Debt Collection. This is simple to do - all you need is a letter stating that she authorises you to be her representative in the matter. Creditors and debt collectors (DCAs) are obliged to deal with an authorised representative.

- alternatively, if your wife is unable to deal with her affairs, you could get a power of attorney. You would need to take legal advice, and there is usually some cost involved.

If you go for the first option, I'll be happy to draft something suitable. You can send the CCA request in the same envelope.

[teachme]

Thank you ScarletPimpernel for your kind offer and speedy reply, I would very much appreciate your help in draughting, a draft letter to become her 'authorised reprensetative' thank you.

[Mrs_Ryan]

All you need to say is something along the lines of 'I, Mrs Teachme, give my husband Teachme authority to deal with and discuss all matters regarding my account.' you can type this and your wife can sign (if she can)

[ScarletPimpernel]

Dear Sirs

Re: a/c no. xxxxx

I am writing to inform you that I have appointed (Teachme's full name) as my authorised representative in this matter. You should direct all communication to Mr Teachme.

You are reminded that the Office of Fair Trading Guidance on Debt Collection states that bypassing an appointed representative and contacting a debtor direct is an unfair practice.

Please confirm by return that you have updated your records to reflect this change.

Yours faithfully

Mrs Teachme

The signature should be across the typed name - just in case anyone should be tempted to be creative with Photoshop.

Send by recorded delivery.