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mikeymack2002

Mental Capacity and debt

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Whilst looking to help a new poster I came across this very good PDF and I am hoping it will be of some use for the forums if so please feel free to read share and use it.

 

 

It is a very good document about how debt could/should be handled in 12 steps and 12 questions from The Royal College of Psychiatrists and has many case studies for reference and has the names of some well known DCA's EA's and other institutions.

 

 

This is a 2nd edition of the document and was published in November 2014. It will pay anyone reading the attachment to read it entirely before posting thoughts back.......

 

 

Your thoughts please


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A note to site team if this is of use in other forums please feel free to move this thread as I chose this one as a lot of posts are made here, but may be of use elsewhere


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Great find both.


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No link mikey


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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It was there at one time but here is the PDF I think is the same I linked to originally

 

 

Original link http://webcache.googleusercontent.com/search?q=cache:vaDO9m8w6goJ:www.rcpsych.ac.uk/pdf/Debt%2520and%2520MH%2520-%2520evidence%2520report%2520(10_12_17).pdf+&cd=1&hl=en&ct=clnk&gl=uk

Edited by mikeymack2002
added a link

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That's better :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Six months have passed since I made this post and only now are the DCA's doing something about it, maybe just maybe it could happen. I have started a post on this here http://www.consumeractiongroup.co.uk/forum/showthread.php?451299-Awards-ceromony(3-Viewing)-nbsp


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Not sure where to post this argument here on this thread or the other one in the bailiff section so have decided here and to link to this thread for further discussions...

 

 

I think this is an important to add here due to the thread and other things so your thoughts please... See below for the link...

 

 

http://blogs.lexisnexis.co.uk/randi/...cial-receiver/

 

 

The link to a case referred to in the above can be found here

 

 

http://www.mentalhealthlaw.co.uk/Haw...1)_EWHC_36_(Ch)

 

 

Although this case is significant in as much was for bankruptcy it can easily be used for all levels of debt and with that in mind this info could be of use for many....


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the first link you provide mm is quite worrying.

 

Not only was the petitioning creditor aware of Mr Brister's mental health problems and didn't put them before the Judge in time, but the Finance company was also aware of the problems that Mr Brister didn't understand the terms of the loan in the first place, they had him as working 16 hours per week when in fact he was retired.

 

Sadly Mr Brister died and it was left to his nephew as Executor to bring this back to the court.

 

The 2nd link appears to be broken.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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the first link you provide mm is quite worrying.

 

Not only was the petitioning creditor aware of Mr Brister's mental health problems and didn't put them before the Judge in time, but the Finance company was also aware of the problems that Mr Brister didn't understand the terms of the loan in the first place, they had him as working 16 hours per week when in fact he was retired.

 

Sadly Mr Brister died and it was left to his nephew as Executor to bring this back to the court.

 

 

The 2nd link appears to be broken.

 

 

As normal you find something good it gets messed up so here is the ruling as a PDF see below... This is why I prefer to add the PDF before the link breaks...


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I think that needs several readings before understanding will set in, MM :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am currently on my 3rd reading already sorry for the homework... ;) there is even more to this lot as well....


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But the longest read is on this one Mental Capacity and Deprivation of Liberty, a consultation paper 2015 see the link or the PDF as always. It is a huge read so very sorry for that....

 

 

The second is on Mental Capacity and Finance here in Essex a useful read....

Edited by mikeymack2002
added links

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Why thank you, MM :lol:


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It is a huge read so very sorry for that........

 

I'm sure we can pick out the salient points tho, cheers MM, (I charge £45 an hour...:kiss:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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My fees are interest free and read now get for free hahaha.... 0% APR zero zilch nadda


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Further reading for those interested regarding debt and the MCA the FCA uses this as well and can be found in CONC 2.10 or here if you want an easy link to it see here https://www.handbook.fca.org.uk/handbook/CONC/2/10.html

Edited by mikeymack2002
Added a PDF

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Excellent find, that!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I can go one better I hope you like the link too see here https://www.handbook.fca.org.uk/handbook/CONC/7/10.html

 

 

PDF from here https://www.handbook.fca.org.uk/handbook/CONC/7/10.pdf

 

 

I have added CONC 7 in its entirety as well... See second PDF (1st one)

Edited by mikeymack2002
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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1494 days.

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