possible barred old mortgage loan

[superg]

Hi guys This is a bit of a tricky one well here goes well back in the late 80s my mam and dad bought a house then remortgaged it but the person that did it did it wrong and the money from the old mortgage did not cover it and payments were too high to pay so my parents had to hand over our home. The house was then sold but the company said that my parents owed the rest of money to cover house think this was around 1994.my mam left my father and my self and the company never found my mam,

 

unfortunately my father had a beakdown in 1995 and had shock treatment in a Psychiatric hospitle when my father returned home he was under a nurce that used to check on him as he wasn't very stable anyway one day some men form the mortgage company must have called and make him sign to say that he would pay them money. my mam had calls from them but never replied as she had cancer but an ex solicitor used to reply for her but unfortunately she has just passed away. I have spoken to my father and he said he does not recall signing anything at all even to this day he is very confused I was wondering if these people should have even done this as my father was sectioned under the mental health act

 

The company claim that it may have been barred but my father had signed the form so they can collect the money not sure where i would stand with this he is really worried

 

any advice will be very greatfull

[enoughisenough]

Well providing there's been no payment and no written acknowledgment since 1995 it became unenforceable in 2007. That would seem to be it. I think your local rag might quite like this one.

[superg]

hi thanks for your reply as far as i know these people must have been to my farther house and told him he had to pay this was around 1996 i am not sure on dates but father said he never signed anything but is paying a small amount

[postggj]

superg

 

who is he paying a small amount to

 

please tell me its not a dca

[superg]

yes its a dca problem is at the time he must have not know what he was doing its wrong but dont think there is anything that can be done now as father might worie

[postggj]

you bet there is some thing that can be done

 

i am now angry and its personal

 

please name this dca

 

its ok to do this

[gezwee]

Pretty disgusting activity, the MHA would take effect in such circumstance, have you checked to see if your father can apply for free legal aid?

[superg]

hi people as of yet i cant find his paying in book because of the situation but I think i may have taken it to fathers house problem is that my father still isn't too well I don't think he even knew who he was paying the money too my mam must of being paying it out of his money I am not sure but they were divorced so he lives alone

[postggj]

let me know when you have the name of the dca

[enoughisenough]

Hi super G.

 

I am shocked to the core that a DCA would seek to profiteer in these circumstances. This is disgusting. I know DCA's are lower than shark sh*t but....Name and shame. You're in very good hands now that postggj is taking this personally. I wouldn't want to be in that DCAs shoes now!

[superg]

hi guys looks like its dlc but it has been with clarity too can i ask them to provide a signature like on a normal loan

[postggj]

i need confirmation on who at this moment is after your money

 

clarity is a very minor player in the dca stakes

dlc/hillesden are well known

[superg]

hi dlc are the ones collecting it at this point in time but i am not sure if these are the ones that went to get dad to sign form

 

hope this helps

[BiGaD09]

It would appear at first view that this is a clear and very nasty case of financial abuse. As you stated your father was sectioned under the Mental Health Act 1983. As a result of this, and the fact you mentioned your father was very confused, it is safe to assume that he would have been defined, from a health provision perspective, as a vulnerable adult.

 

With this in mind it may be worth contacting your local authority's (council) social services department as they all deal with alleged financial abuse cases. Also, whilst your father was unwell was any power of attorney given to anyone else? If this was the case it would be the person with such power who should've dealt with the DCA rather than your father directly. If power of attorney existed I am sure the DCA would be in breach of at least one rule/law or another.

 

The Mental Capacity Act (2005) may also prove useful in this case. The act was established to protect the interests of vulnerable persons and allow them to make informed decisions for as long as they are able.

In this case it appears that your father was unable to make an informed decision due to mental health problems at that time, and thus it is likely the DCA commited an offence under the act by 'ill treatment' of someone who lacks capacity under the act.

 

Having read this post I don't think that I am alone in thinking how disgracful and immorale the actions of the DCA are. I work at a psyciatric hospital for persons detained under the mental health act 1983 so have access to a variety of information and implications of the two acts I have mentioned. I'll help in any way I can so feel free to contact me if I can be of any further help.

 

Wishing your father and you all the best with this awful and unacceptable situation.

 

BiGaD09

[superg]

hello BiGaD09

 

Thanks for your reply this is very useful information That you have provided There is something that i am confused about. when my father had a breakdown the doctor came to the house and he said that you need to go to hospital and asked if my father was ok going there himself as his friend offered to take him the doctor agreed this was ok. would this mean my father was Voluntary admitted to hospital. while in there he received ect shock treatment on his return home he had some care people come to visit him and ask questions and things some sort of nurse. in the mean time i have not paid the money to them and my father doesn't know how to. I know that he did send the dca a doctors letter stating his frame of mind not sure what letter he received from them .

 

Thanks superg

[enoughisenough]

It is my considered opinion that this predatory ****** DCA needs naming and shaming. However see what more senior caggers than myself think before doing so.

 

Good luck with these hideous parasites.

[BiGaD09]

hello BiGaD09

*

Thanks for your reply this is very useful information That you have provided There is something that i am confused about. when my father had a breakdown the doctor came to the house and he said that you need to go to hospital and asked if my father was ok going there himself as his friend offered to take him the doctor agreed this was ok. would this mean my father was Voluntary admitted to hospital. while in there he received ect shock treatment on his return home he had some care people come to visit him and ask questions and things some sort of nurse. in the mean time i have not paid the money to them and my father doesn't know how to. I know that he did send the dca a doctors letter stating his frame of mind not sure what letter he received from them .

*

Thanks superg

*

Your father would have been classed as an informal admission. The Mental Health Act 1983 would still apply but without a few of the articles in it such as mental health review tribunals for example which deal with patients contesting their detainment.

The fundamental part of the act in this instance is part VII Management of Property and Affairs of Patients. This relates to all patients whether detained, informally admitted or in community settings. This part was repealled by the introduction of the Mental Capacity Act 2005 under which your father would have been legally protected from actions such as this. Offences under the act can result in fines and even imprisonment upon conviction.

 

 

In this case the best advice I can give is to seek legal advice in relation to a breach of the Mental Capacity/ Mental Health Act. It is my honestly held belief that an offence has been commited in this case and that the cost of any proceedings arising would be eligable for legal aid. A solicitor would be the best option for dealing with the DCA and I'm sure I'm not alone in hoping that a conviction against the DCA or it's employees would arise as a result.

 

 

BiGaD09

[enoughisenough]

SuperG

 

Name and Shame this DCA NOW! Post it on open. If postggj with over 10,000 posts on this site says it's OK to do so then I'm sure it is. This very act alone will probably get them to back off, and give you some breathing space to sort it out properly. It might also give your dad the reassurance that he need not worry.

 

Please keep your calm. You're amongst friends now.

 

Just want to add my very warm felt thanks to Big AD09 for highlighting the relevant law in this regard. Small work makes big heroes and destroys injustice. 5 posts in and in my view your are a legend already.

[enoughisenough]

Sorry is it DLC/Hillesden for sure.? I missed those earlier posts.

[JonCris]

Follow the advice of BiGaDo9 post 17

 

Unless a person has 'capacity' they cannot enter into a agreement

[superg]

hi in 1995/1996 the debt was in the time limit thats why i think they come to the house and obtained my dads signature but at the time I am not sure what company this was hope this helps my father cant remember anyone calling at his home there was a letter some where saying that because my father had signed the form that he had started the debt back off again

Edited December 4, 2009 by superg

[JonCris]

Did he have capacity, did he know what he was signing?? If the answer is no then the agreement is void. Obtain the medical evidence that he didn't have capacity or at least he was very ill at the time then tell them to get lost

[389shell]

They have broken the law, but apart from that, the following is taken from the OFT debt collection guidance July 2003, updated December 2006. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are:

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

b. visiting a debtor when it is known they are vulnerable, for example, when

a doctor's certificate has been provided stating that the debtor is ill

c. continuing with a visit when it becomes apparent that the debtor is

distressed or otherwise vulnerable, for example, it becomes apparent that

the debtor has mental health problems

d. entering a property uninvited

e. not leaving a property when asked to

f. visiting or threatening to visit debtors without prior agreement when the

 

debt is deadlocked or disputed

1

g. not giving adequate notice of the time and date of a visit

2

h visiting debtors, unless requested, at inappropriate locations such as work

or hospital.

1

Edited December 4, 2009 by 389shell
Highlighting relevant info

[enoughisenough]

Posted in error

[superg]

Hi all Just to keep you all updated my father has been phoned by this dca not sure what he said ,but the original creditor has contacted him via phone and letter they are called Bradford & Bingley they say they want payment from him but he doesn't know what to do is there any letter to send him also I am not sure if it was the dca who got his signature or Bradford & Bingley I know that these people are in the wrong just have not got a clue where to start with it

 

Thanks in advance