HELP...Are there guidline for DCA's deailing with Mental Health Patients

[joemay]

First may I say this is a fantastic site, have learned an awful lot from it. I need some advise.

 

 

OH had been in business for many years. He was successful and careful with finances both business and personal. Business now in liquidation, but this is another story – untrustworthy business partner, recession etc., but has played part in our current personal situation.

 

 

OH suffered breakdown. He has been diagnosed with mental health condition. .

 

OH signed hire purchase (out of character), which he could not afford, has since been repossed, BOS are requesting the shortfall of £20k, amazing only had the car 6 months and they managed to sell if for £20k less. They wouldn’t allow us to sell it privately.

 

 

 

Our family home had to be sold (threats of repossession), considerably less than what we paid for it 6 years ago, no equity remaining. We are now in rented accommodation, husband and I receiving incap benefit.

 

 

The credit card & HP companies are aware of our situation and OH state of health, the CAB have written to all creditors and they had all agreed £1 token payments from him. But today we have received a letter from Link Financial introducing themselves and requesting the full amount. This is on behalf of MBNA who OH never signed a CCA with, we believe it could have been another card which he got through PC World. I am sending the CCA request to them Monday with PO of £1, something I wasn't aware of until I found CAG.

 

 

What I really want to know is how are the DCA’s with people who have mental health issues, (oh has attempted suicide on 2 occasions due to all above issues, which his care worker has informed the banks of in writing). I understand the DCA’s can be quite heavy and even go so far as to flout the law, but I would like to hear from anyone who can enlighten me as to, what they can and can not do.

 

 

I have a property which I get a rental income from due to switching to interest only payment so get some income, this does have a large mortgage, can’t sell now as negative equity. Can his creditors try and apply a charging order on this. The property is in my name and has always been in my name, I know that if you were going through divorce proceedings then husband could claim half but can the DCA’s try and claim from my income or my assets for his debt. Also does my rental income/beneifts have to be included in his personal financial statement.

Any advice would be much appreciated.

 

Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale.

 

Would it be unreasonable to approach the HP company and point out that Husband was suffering mental health condition so was therefore not in a position/the right state of mind to understand the terms and conditions (had underaken an unregulated credit agreement at that time). Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.

Edited July 30, 2009 by joemay

[babybear39]

Hi joemay,

 

Here's the CSA code of conduct section that applies to your question:

 

L)Have due regard and deal sensitively with individuals where evidence has been given, or is apparent, that the individual is incapacitated by mental or physical disability.

 

Full code here:

 

http://www.csa-uk.com/csa/code-of-practice.php

[babybear39]

Your I & E is nothing to do with the DCAs or OCs dealing with your husband.

[harrassed senior]

Having been in your position personally, albeit without 'an other half' I can empathize with your situation.

 

Firstly, any benefit you or your husband received as a direct consequence of your illnesses cannot be taken into account as 'income'. These Benefits are considered legally to be solely for the management of your 'disability'.

 

I would presume that DCA's are well aware of that fact and are only too aware that Judges' are too. It is therefore not in their best interests to take either of you to Court.

 

Having said that, I have spent many years 'fighting' the DCA's off, and, as you say despite confirmation of your illnesses, they still harrass you. In the end, I wrote to each and every one and CCA'd them. Most have been unable to produce the correct documentation. Those that think they did comply, I wrote and told I would offer £1 a month for the rest of my life. I am over Pension Age and I am never going to be in a better position, through age and health. I suggested that if they think they can get more, go ahead and issue proceeding in Court, where I would be able to show all the 'helpful' correspondence I have sent to them, and the Judge would only be able to award £1 per month because of illness and benefits.

 

Not an ideal solution, but there is light at the end of the tunnel. The only fly in the ointment that I can see is the rental property you own. So least said soonest mended.

[joemay]

Your I & E is nothing to do with the DCAs or OCs dealing with your husband.

Thanks for that babybear.

[Viscount Stair]

From memory, the Money Action Trust have issued guidelines on dealing with debtors with mental health conditions. I'll see what I can find.

[silverfox1961]

Hi,

I would love to say that DCA's treat people with mental health problems with sympathy but I can't.

I have seen times when the DCA will treat mental health as an excuse not to pay and deal with it in an underhand and illegal way. They are the lowest form of business and so long as you are suffering, they are happy.

 

The only way to deal with these people is to go on the offensive once they try to get heavy.

Never speak to them on the phone. They will lie,cheat and bully you. Only ever deal with them in writing.

Get your husbands permission to handle his affairs with Link otherwise they won't deal with you(assuming you ever have to speak to them).

 

No DCA can take your income into account (although they will try to make it appear so) as it's your husbands debt.

 

If link try to phone you, get a telephone recorder and make sure you use it. Refuse to answer security questions and then link can't go any further. If the did they would be flouting the data laws.

 

My sympathies are with you

 

 

fox

[Viscount Stair]

There are two schools of thought: don't give them the leverage by telling them; the other is to assert rights under section 19 of the DDA and threaten a counter-claim for damages under section 25.

[joemay]

harrassed senior - Sorry to hear that you have suffered.

My debt is manageable, and I will be making arrangement with my creditors. But am right in thinking that my husband's creditors can not come to me for his debt i.e. trying to get a charging order put on the property, bearing in mind that the house is in my name only.

[babybear39]

If the accounts are in your husband's sole name they cannot come after you or your property. Joint accounts, they can.

[harrassed senior]

Yes, that is indeed correct.

[joemay]

Thanks silverfox.

I intend on fighting his corner. CAB have dealt with his creditors so far, but they are snowed under and are unable to respond or deal with issues immediately. A few months ago just wanted to sit in a corner and hide, but since i've found CAG, it's like someone rang the bell and I'm coming out fighting;)

[joemay]

There are two schools of thought: don't give them the leverage by telling them; the other is to assert rights under section 19 of the DDA and threaten a counter-claim for damages under section 25.

 

Sorry, but all this is new to me, what is DDA?:?

[Viscount Stair]

Sorry, that's the second time in half an hour, someone's asked what I meant by an abbreviation I'd used thoughtlessly!

 

Disability Discrimination Act 1995

 

Section 19 is the obligation on providers of services to make reasonable adjustments.

 

The reasonable adjustment you would want them to make is to deal with you as your husband's agent and/or to deal only in writing.

 

Section 25 gives a right to claim damages - not megabucks (the going rate for even successful claims seems to be £500-£3000) but another handy weapon to use in appropriate cases.

[count orlok]

Sorry, but all this is new to me, what is DDA?:?

 

Disability Discrimination Act 1995 (amended 2005)

[joemay]

Thanks Viscount Stair. No doubt, in time I will be quoting abvs, because I'm sure this is going to be a long process and I have a lot to learn

[joemay]

Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale.

 

Would it be unreasonable to approach the HP company and point out that Husband was suffering elated stage of Bi-polar so was therefore not in a position/the right state of mind to understand the terms and conditions and cca at that time. Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.

[joemay]

Sorry, that's the second time in half an hour, someone's asked what I meant by an abbreviation I'd used thoughtlessly!

 

Disability Discrimination Act 1995

 

Section 19 is the obligation on providers of services to make reasonable adjustments.

 

The reasonable adjustment you would want them to make is to deal with you as your husband's agent and/or to deal only in writing.

 

Section 25 gives a right to claim damages - not megabucks (the going rate for even successful claims seems to be £500-£3000) but another handy weapon to use in appropriate cases.

 

 

Another question : the HP company sold the car for £20k less than the loan. They never gave us the option for private sale.

 

Would it be unreasonable to approach the HP company and point out that Husband was suffering elated stage of Bi-polar so was therefore not in a position/the right state of mind to understand the terms and conditions and cca at that time. Thefore suggest that as they had taken back the vehicle could they not write off the rest of the outstanding balance. I know that the car could have been sold privately for a lot more than they did at auction.

[alfwithhair]

 

Firstly, any benefit you or your husband received as a direct consequence of your illnesses cannot be taken into account as 'income'. These Benefits are considered legally to be solely for the management of your 'disability'.

 

 

Where is this imformation from? Is it in a legal document or guidelines book?

Also are you talking about DLA or IB

 

I only ask as my position is very similar, my wife claims Long term IB for both of us due to her depression and disabilties, but the debts are in my name, joint account ect.

 

But the DCA's persist in saying it is all 'our' income.

[Viscount Stair]

DLA is definitely excluded.

 

Both National Debtline and CCCS have something about this in their guidelines on preparing income and expenditure statements. There are two methods of dealing with it: either you exclude the DLA from income or you include it but cancel it out with a corresponding entry under expenditure for care costs.

 

IB is, I think, to be included as it is an income replacement benefit but I am prepared to be corrected on that.

 

The latter is consistent with the approach taken in relation to the calculation of means-tested benefits in which a disregard is applied to DLA "income".

 

As for what DCAs say (or even insist), bear in mind that they have been known - at least on occasion - to speak with forked tongues.

[silverfox1961]

As for what DCAs say (or even insist), bear in mind that they have been known - at least on occasion - to speak with forked tongues.

 

I totally concur.

 

I have in my possession a letter from Lowlifes in Leeds and they state that they can use ALL income to evaluate a payment plan even after I told them they shouldn't be using DLA as that was protected income. Forked tongue indeed.

 

fox

[joemay]

Thanks everyone for all your responses:). I will open a new thread regarding approaching the HP company.

[Kraken1]

Money Advice guidelines can be found here - Money Advice Trust - Debt and Mental Health Resources

 

Best practice guidelines on dealing with mental health problems.