Westcot v Father In Law with dementia

[Helmetfire]

Hello good people, I am hoping that you can give me some of your sage advice. My Father in law (FIL) has an 11k debt that he has been making a voluntary small monthly payment towards (£35). FIL has dementia and has recently deteriorated to the point where he has been taken into hospital for his, and everyone else's protection. He is currently being found a place in a care home. His only income is his pension which will be going towards paying for his care. My Mother in Law also only lives on her pension and so does not have the money to continue to pay this amount to Westcot. (I don't know how they afforded it up to now anyway?).

 

I have told her that she should write to Westcot explaining the situation and telling them that FIL can no longer afford to make the payments and that they should write off the debt. I can't see them taking this to court can you? FIL is not even of sound mind any more so I don't see that he can really be held responsible for this debt anymore? btw. There is not likely to be anything left in a will should he die as they don't have anything.

 

I would appreciate your collective wisdom in this matter.

[Tootles1971]

Hi,

 

What sort of debt is it, and who was the OC?

 

Writing to Westcot is a good idea. Don't ask. Tell them that there is no way they can sustain this payment amount. Offer what they can realistically afford.

 

Sarah

[BRIGADIER2JCS]

Hi & Welcome,

I am sorry for your situation I know what it's like my father suffered in much the same way.

Are you authorised to act on FILs behalf?

Firstly write to Wetcloths and explain the situation that there is no income to meet any payments, stress

that this will cause extreme hardship if payments have to be made.

Don't worry about Wetcloths making any threats about court action no judge would make an award of more than £1.00

per month in your in laws situation if any award was made at all.

Keep the letter simple and to the point.

[Revenant]

Morning Hf

 

Sorry to hear of the situation re your FIL

 

If this is not a joint debt whereby your MIL is named on the agreement then it's nothing to do with her and she can't be expected to take over any payments

 

As for your FIL and his payments write to Wescot explaining what's happened and TELL them that given the circumstances all they'll be getting from now on is £1 token payment and remind them of the fact that as members of the CSA they are bound be their Code of Practice . . . .

 

 

l) Have due regard and dealsensitively with

 

individuals where evidence has been given,

 

or is apparent, that the individual is

 

incapacitated by mental or physical disability.

 

 

p) Take into consideration before determining

 

whether to enforce repayment, allinformation

 

supplied in relation to the reason fornonpayment,

 

which may include The Common

 

Financial Statement, or the debtor’sfuture ability

 

to repay. If the debtor has disclosedmultiple

 

debt problems, inform them of theavailability of

 

accredited advisory services. Whereavailable,

 

provide in all relevant correspondencethe name

 

or designation of a specially trainedmember of

 

staff who may be contacted regardingfinancial

 

difficulties.

 

 

You might find that Wescot might ask for written proof that you can act on your FIL's behalf though

 

I'm sure more advice will follow

 

Good luck

 

R

Edited May 23, 2011 by Revenant

[Helmetfire]

Thank you all for your speedy replies...I am not acting legally on behalf of my FIL but trying to take the weight off MIL by composing something for her to send to Westcot, and obtaining the best possible adivice from people who know what they are talking about (namely all of you). So the concensus is that an offer of £1 per month would be preferable to asking for the debt to be written off?

[dx100uk]

prob didnt even owe it in the first place knowing wetcloths!!

 

 

dx

[Tootles1971]

There would be no harm in suggesting to them that in the circumstances, the debt could be written off, but I think it unlikely they would accept it! You need to establish what the debt is, who the original creditor was etc etc. It may be that your fil has been paying them without having checked their authority to collect the debt, so it would be worth establishing how the £11k sum was arrived at......are there charges/interest added etc.